McCLENDON v. SOUTHERN OHIO CORRECTIONAL FAC, Unpublished Decision (2-3-2004)

2004-Ohio-903

Case No. 2003-10031-AD.Court of Claims of Ohio.
Filed February 3, 2004.

Robert L. McClendon, #129-667, 787 Minford Road, P.O. Box 45699, Lucasville, Ohio 45699-0001, Plaintiff, Pro se.

Gregory C. Trout, Chief Counsel, Department of Rehabilitation and Correction, 1050 Freeway Drive North, Columbus, Ohio 43229, for Defendant.

MEMORANDUM DECISION FINDINGS OF FACT {¶ 1} 1) Plaintiff, Robert L. McClendon, an inmate incarcerated at defendant, Southern Ohio Correctional Facility, alleged his personal property was lost while under the control of defendant’s staff.

{¶ 2} 2) Consequently, plaintiff filed this complaint seeking to recover $105.62, the total replacement cost of his lost property, plus $25.00 for filing fee reimbursement.

{¶ 3} 3) Defendant admitted liability for the loss of plaintiff’s property.

{¶ 4} 4) On November 5, 2003, plaintiff filed a response to the investigation report. Plaintiff agrees with the amount of damages however, he lists all of the property lost.

CONCLUSIONS OF LAW {¶ 5} 1) Negligence by defendant has been shown. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD; Stewart v. Ohio National Guard (1979), 78-0342-AD.

{¶ 6} 2) Plaintiff has suffered damages in the amount of $105.62, plus the $25.00 filing fee, which may be reimbursed as compensable damages pursuant to the holding in Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc.2d 19.

{¶ 7} Having considered all the evidence in the claim file and, for the reasons set forth in the memorandum decision filed concurrently herewith, judgment is rendered in favor of plaintiff in the amount of $130.62, which includes the filing fee. Court costs are assessed against defendant. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.