O'Neil v. Toledo Correctional Inst., (Ohio 2008)
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Summary
Inmate property loss. Admission of liability and damages. Judgment for plaintiff.
Summary
Inmate property loss. Admission of liability and damages. Judgment for plaintiff.
Text
[Cite as O'Neil v. Toledo Correctional Inst., 2008-Ohio-2858.]
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
VINCENT O'NEIL Case No. 2007-09631-AD
Plaintiff Clerk Miles C. Durfey
v.
MEMORANDUM DECISION TOLEDO CORRECTIONAL INSTITUTION
Defendant
FINDINGS OF FACT
1) Plaintiff, Vincent O'Neil, an inmate incarcerated at defendant, Toledo Correctional Institution (ToCI), asserts that his shoes were lost while under the control of ToCI staff on or about July 27, 2007. Plaintiff filed this complaint seeking to recover $63.76, the replacement value of his shoes. The filing fee was waived.
2) Defendant filed an investigation report admitting liability and acknowledging that plaintiff suffered damages in the amount of $63.76.
3) Plaintiff filed a response.
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 $63.76 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
VINCENT O'NEIL Case No. 2007-09631-AD
Plaintiff Clerk Miles C. Durfey
v.
ENTRY OF ADMINISTRATIVE
DETERMINATION TOLEDO CORRECTIONAL INSTITUTION
Defendant
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 $63.76. Court costs are assessed against defendant.
MILES C.
DURFEY
Clerk
Entry cc: Vincent O'Neil, #439-834
Gregory C. Trout, Chief Counsel 2001 E. Central
Department of Rehabilitation Toledo, Ohio 43608
and Correction
1050 Freeway Drive North
Columbus, Ohio
43229
RDK/laa 3/19 Filed 4/2/08 Sent to S.C. Reporter 6/11/
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