Barnes v. State

Court of Claims of Illinois

Barnes v. State

47 Ill. Ct. Cl. 159, 1994 Ill. Ct. Cl. LEXIS 55

CourtCourt of Claims of Illinois

DecidedDecember 2, 1994

DocketNo. 86-CC-2919

StatusPublished

This text of 47 Ill. Ct. Cl. 159 (Barnes v. State) is published on Counsel Stack Legal Research, covering Court of Claims of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barnes v. State, 47 Ill. Ct. Cl. 159, 1994 Ill. Ct. Cl. LEXIS 55 (Ill. Super. Ct. 1994).

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Opinion

OPINION

Frederick, J.

This is a prisoners lost property case filed by inmate Miles Barnes on April 9, 1986. The case was tried on August 30,1991. Claimant seeks $463.51 in damages.

The evidence indicates that a corrections officer opened Claimants cell without permission and let another inmate in Claimants cell. The Claimant lost the property which he listed in his complaint. Claimant had a trust fund ledger which indicated that he had purchased all of the items subsequently lost. The prices and dates purchased correspond to Claimants list of property taken from his cell. Claimant does not know who the guard let in his cell but believes the other inmate was gang related. Claimant testified he was not a member of a gang. Other than the eight-track tape player, Claimant received none of his other property back. However, the tape player was broken. The Respondent presented no evidence. The Respondent also failed to respond to Claimants request to admit.

The Respondent was negligent in allowing another inmate into Claimants cell. (Byrd v. State (1988), 41 Ill. Ct. Cl. 158.) While we have allowed recovery only under very narrow circumstances in non-bailment cases, this is such a case. The Respondent has admitted a correctional officer allowed another inmate into Claimant’s cell. The Respondent has also admitted the missing property and the value thereof by failing to respond to the request to admit.

For the foregoing reason, Claimant, Miles Barnes, is awarded $463.51 in full satisfaction of his claim.

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OPINION

Frederick, J.

This is a prisoners lost property case filed by inmate Miles Barnes on April 9, 1986. The case was tried on August 30,1991. Claimant seeks $463.51 in damages.

The evidence indicates that a corrections officer opened Claimants cell without permission and let another inmate in Claimants cell. The Claimant lost the property which he listed in his complaint. Claimant had a trust fund ledger which indicated that he had purchased all of the items subsequently lost. The prices and dates purchased correspond to Claimants list of property taken from his cell. Claimant does not know who the guard let in his cell but believes the other inmate was gang related. Claimant testified he was not a member of a gang. Other than the eight-track tape player, Claimant received none of his other property back. However, the tape player was broken. The Respondent presented no evidence. The Respondent also failed to respond to Claimants request to admit.

The Respondent was negligent in allowing another inmate into Claimants cell. (Byrd v. State (1988), 41 Ill. Ct. Cl. 158.) While we have allowed recovery only under very narrow circumstances in non-bailment cases, this is such a case. The Respondent has admitted a correctional officer allowed another inmate into Claimant’s cell. The Respondent has also admitted the missing property and the value thereof by failing to respond to the request to admit.

For the foregoing reason, Claimant, Miles Barnes, is awarded $463.51 in full satisfaction of his claim.

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47 Ill. Ct. Cl. 159, 1994 Ill. Ct. Cl. LEXIS 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-state-ilclaimsct-1994.

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