High v. Pickaway Correctional Inst.

2010 Ohio 5452

Opinion

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

JESSIE M. HIGH

Plaintiff

v.

PICKAWAY CORRECTIONAL INSTITUTE

Defendant

Case No. 2009-07890-AD

Deputy Clerk Daniel R. Borchert

MEMORANDUM DECISION

FINDINGS OF FACT

{¶ 1} 1) Plaintiff, Jessie M. High, an inmate incarcerated at defendant, Pickaway Correctional Institution, filed this action alleging his personal property was confiscated during a July 2, 2009 shakedown search and not returned. Plaintiff requested damages in the amount of $79.29 for property loss. Plaintiff also requested reimbursement of unspecified copying costs. The $25.00 filing fee was paid and plaintiff requested reimbursement of that cost along with his damage claim.

{¶ 2} 2) Defendant filed an investigation report admitting liability and acknowledging plaintiff suffered property loss damages in the amount of $79.29.

CONCLUSIONS OF LAW

{¶ 3} 1) Copying costs are not compensable. See Carnail v. Dept. of Rehab.

& Corr., Ct. of Cl. No. 2007-06322-AD, 2008-Ohio-1207.

{¶ 4} 2) Negligence on the part of defendant has been shown in respect to the issue of property protection. Billups v. Department of Rehabilitation and Correction (2001), 2000-10634-AD; Tyler v. Ohio Dept. of Rehab. & Corr. , Ct. of Cl. No. 2007-

07299-AD, 2008-Ohio-3418.

{¶ 5} 3) Defendant is liable to plaintiff for his property loss in the amount of $79.29, plus the $25.00 filing fee costs. Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19, 587 N.E. 2d 990.

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

JESSIE M. HIGH

Plaintiff

v.

PICKAWAY CORRECTIONAL INSTITUTION

Defendant

Case No. 2009-07890-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 $104.29, which includes the filing fee. Court costs are assessed against defendant.

DANIEL R. BORCHERT Deputy Clerk

Entry cc:

Jessie M. High, #A356-806 Gregory C. Trout, Chief Counsel 11781 State Route 762 Department of Rehabilitation Orient, Ohio 43146 and Correction 770 West Broad Street Columbus, Ohio 4222

RDK/laa 6/23 Filed 7/20/10 Sent to S.C. reporter 11/5/10