Lawrence v. State

Court of Claims of Illinois

Lawrence v. State

32 Ill. Ct. Cl. 736, 1979 Ill. Ct. Cl. LEXIS 144

CourtCourt of Claims of Illinois

DecidedJanuary 10, 1979

DocketNo. 77-CC-2108

StatusPublished

This text of 32 Ill. Ct. Cl. 736 (Lawrence 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

Lawrence v. State, 32 Ill. Ct. Cl. 736, 1979 Ill. Ct. Cl. LEXIS 144 (Ill. Super. Ct. 1979).

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Opinion

Per Curiam.

Claimant, an inmate of an Illinois State Penitentiary at Pontiac, Illinois, has brought this action to recover the value of certain items of his personal property which he alleges were legally confiscated during a shakedown on April 27, 1977. Claimant alleges that authorities at the Pontiac Correctional Center illegally confiscated two stereo speakers and a pair of tennis shoes. Claimant values the speakers at $60.00, and the tennis shoes at $35.00. Claimant also seeks $95.00 in damages for replacement of a damaged phonograph.

The Court has carefully considered the transcript of evidence taken before a Commissioner of this Court. The evidence establishes that the speakers in question were taken from a fellow resident, and not from Claimant himself. It was a prison rule that personal items may not be loaned to fellow prisoners, or they become subject to confiscation as contraband. The prisoner to whom Claimant loaned the speakers had no permit for them, and they were properly confiscated.

The tennis shoes taken from Claimant’s cell were not contraband, and should have been returned to him after the shakedown.

The phonograph in question is in the possession of the Claimant, but he seeks damages for its repair. The record is unclear as to who damaged the phonograph, but it does appear that it was not damaged by Claimant, and that the damage occurred during the shakedown.

In view of the foregoing, the Court finds that Claimant is entitled to reimbursement for his loss of his tennis shoes. The Court finds he is not entitled to reimbursement for damage to his phonograph, or for confiscation of his speakers.

It is therefore ordered that Claimant be, and hereby is, awarded the sum of $35.00.

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Per Curiam.

Claimant, an inmate of an Illinois State Penitentiary at Pontiac, Illinois, has brought this action to recover the value of certain items of his personal property which he alleges were legally confiscated during a shakedown on April 27, 1977. Claimant alleges that authorities at the Pontiac Correctional Center illegally confiscated two stereo speakers and a pair of tennis shoes. Claimant values the speakers at $60.00, and the tennis shoes at $35.00. Claimant also seeks $95.00 in damages for replacement of a damaged phonograph.

The Court has carefully considered the transcript of evidence taken before a Commissioner of this Court. The evidence establishes that the speakers in question were taken from a fellow resident, and not from Claimant himself. It was a prison rule that personal items may not be loaned to fellow prisoners, or they become subject to confiscation as contraband. The prisoner to whom Claimant loaned the speakers had no permit for them, and they were properly confiscated.

The tennis shoes taken from Claimant’s cell were not contraband, and should have been returned to him after the shakedown.

The phonograph in question is in the possession of the Claimant, but he seeks damages for its repair. The record is unclear as to who damaged the phonograph, but it does appear that it was not damaged by Claimant, and that the damage occurred during the shakedown.

In view of the foregoing, the Court finds that Claimant is entitled to reimbursement for his loss of his tennis shoes. The Court finds he is not entitled to reimbursement for damage to his phonograph, or for confiscation of his speakers.

It is therefore ordered that Claimant be, and hereby is, awarded the sum of $35.00.

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Bluebook (online)

32 Ill. Ct. Cl. 736, 1979 Ill. Ct. Cl. LEXIS 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawrence-v-state-ilclaimsct-1979.