Holton v. Warren Correctional Inst., (Ohio 2009)

Summary

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Inmate property loss, bailment. Admission of liability and damages. Judgment for plaintiff.

Summary

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Inmate property loss, bailment. Admission of liability and damages. Judgment for plaintiff.

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[Cite as Holton v. Warren Correctional Inst., 2009-Ohio-7154.]

Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us

JEFF T. HOLTON

Plaintiff v.

WARREN CORRECTIONAL INSTITUTION

Defendant

Case No. 2008-09511-AD

Deputy Clerk Daniel R. Borchert MEMORANDUM DECISION

FINDINGS OF FACT

1) Plaintiff, Jeff T. Holt, an inmate formerly incarcerated at defendant, Warren Correctional Institution (WCI), alleged several items of his personal property were lost while under the custody and control of WCI staff on or after October 16, 2006.

Plaintiff filed this action seeking to recover the replacement cost of his missing property items. Payment of the filing fee was waived.

2) Defendant filed an investigation report admitting liability for plaintiff's loss and asserting damages should be set at $300.00.

3) Plaintiff filed a response expressing his agreement with defendant's proposed damage amount of $300.00.

CONCLUSIONS OF LAW

1) Negligence on the part of defendant has been shown in respect to all property claimed. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD.

Defendant is liable to plaintiff in the amount of $300.00 for property loss.

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Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us

JEFF T. HOLTON

Plaintiff v.

WARREN CORRECTIONAL INSTITUTION

Defendant

Case No. 2008-09511-AD

Deputy Clerk Daniel R. Borchert ENTRY OF ADMINISTRATIVE DETERMINATION

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 $300.00. Court costs are assessed against defendant.

DANIEL R.

BORCHERT

Deputy Clerk

Entry cc: Jeff T. Holton, #418-333

Gregory C. Trout, Chief Counsel P.O. Box 45699

Department of Rehabilitation Lucasville, Ohio 45699-0001

and Correction

770 West Broad Street

Columbus, Ohio

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RDK/laa 11/3 Filed 11/17/09 Sent to S.C. reporter 3/5/

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