Suel v. Pickaway Correctional Inst., (Ohio 2008)
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Summary
Inmate property loss, bailment. Admission of liability and damages. Judgment for plaintiff.
Summary
Inmate property loss, bailment. Admission of liability and damages. Judgment for plaintiff.
Text
[Cite as Suel v. Pickaway Correctional Inst., 2008-Ohio-2856.]
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
NATHAN SUEL Case No. 2007-09330-AD
Plaintiff Deputy Clerk Daniel R. Borchert
v.
MEMORANDUM DECISION
PICKAWAY CORRECTIONAL INSTITUTION
Defendant
FINDINGS OF FACT
1) Plaintiff, Nathan Suel, an inmate incarcerated at defendant, Pickaway Correctional Institution ("PCI"), contends several items of his personal property were lost while under the control of PCI personnel. Plaintiff filed this complaint seeking to recover $478.62, the estimated replacement cost of his missing property.
2) Defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $478.62. Defendant also acknowledged plaintiff should receive filing fee reimbursement.
3) Plaintiff filed a response expressing his agreement with defendant's admissions in the investigation report.
CONCLUSIONS OF LAW
1) Negligence on the part of defendant has been established. Baisden v. Southern Ohio Correctional Facility (1977), 76-0617-AD.
2) Plaintiff suffered damages in the amount of $478.62, plus the $25.00 filing fee which may be awarded as compensable costs pursuant to R.C. 2335.19. See Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19, 587 N.E. 2d 990.
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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
NATHAN SUEL Case No. 2007-09330-AD
Plaintiff Deputy Clerk Daniel R. Borchert
v.
ENTRY OF ADMINISTRATIVE PICKAWAY CORRECTIONAL DETERMINATION 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 $503.62, which includes the filing fee. Court costs are assessed against defendant.
DANIEL R.
BORCHERT
Deputy Clerk
Entry cc: Nathan Suel, #459-808
Gregory C. Trout, Chief Counsel P.O. Box 209, E Unit
Department of Rehabilitation 11781 St.
Rt. 762 and Correction Orient, Ohio 43146
1050 Freeway Drive North
Columbus, Ohio
43229 RDK/laa 3/20 Filed 4/2/08 Sent to S.C. reporter 6/11/
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