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West Virginia Legislative Claims Commission

Volume Number: 30
Category(s): PRISONS AND PRISONERS, none
Opinion Issued July 3, 2013
MATTHEW SMALLWOOD
VS.
DIVISION OF CORRECTIONS
(CC-13-0059)
     Claimant appeared pro se.
     Cynthia R. M. Gardner, Assistant Attorney General, for Respondent.
     PER CURIAM:
      This claim was submitted for decision without a hearing based upon the allegations in the Notice of Claim and Respondent's Answer.
      Claimant, an inmate at Huttonsville Correctional Center at the time of the incident, seeks to recover $420.00 for articles of personal property that were never returned to him.
      In its Answer, Respondent admits the validity of the claim and that the amount is fair and reasonable. The Court is aware that Respondent does not have a fiscal method for paying claims of this nature; therefore, the claim has been submitted to this Court for determination.
      This Court has taken the position in prior claims that if a bailment situation has been created, Respondent is responsible for property of an inmate which is taken from that inmate, remains in its custody, and is not returned to the inmate.
      Accordingly, the Court is of the opinion to make an award to the Claimant herein in the amount of $420.00.
      Award of $420.00.
Summary:
     


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