Luna v. Department of Corrections

West Virginia Court of Claims

Luna v. Department of Corrections

13 Ct. Cl. 254

CourtWest Virginia Court of Claims

DecidedOctober 6, 1980

DocketCC-80-239

StatusPublished

This text of 13 Ct. Cl. 254 (Luna v. Department of Corrections) is published on Counsel Stack Legal Research, covering West Virginia Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Luna v. Department of Corrections, 13 Ct. Cl. 254 (W. Va. Super. Ct. 1980).

Pincite

Opinion

PER CURIAM:

In this claim, submitted for decision upon the pleadings, claimant seeks payment of the sum of $260.00 in unpaid medical bills for an inmate of the West Virginia State Penitentiary.

Respondent, in its Answer, admits the validity of the claim, but further alleges that there were no funds remaining in its appropriation for the fiscal year in question from which the obligation could have been paid.

While we feel that this is a claim which in equity and good conscience should be paid, we are also of the opinion that an award cannot be made, based on our decision in Airkem Sales and Service, et al. v. Department of Mental Health, 8 Ct.Cl. 180 (1971).

Claim disallowed.

Free access — add to your briefcase to read the full text and ask questions with AI