Claimant appeared in person.
Timothy Murphy, Special Assistant Attorney General, for respondent.


Claimant brought this action to recover damages for his loss of
clothing. On June 23, 1987,
claimant sent his clothes to the penitentiary laundry to be washed, and
the clothing was not
returned to him. He filed a grievance relating to this matter with the
warden of the penitentiary on
June 24, 1987. He seeks $128.00. This amount represents his estimate of
the value of his
personal items.

Claimant testified that inmates are not charged for the cost of
laundering their clothes. He
explained that the inmates set their laundry outside of their cells in
laundry bags and it is picked
up by laundry personnel (inmates). The guards return the clean laundry
by placing the laundry
bags outside of the cell doors. He stated that "... sometimes you'll get
it back the next day.
They've got different days how they do it and they've got different
hours when they bring it back.
They bring it back when they get good and ready."

He listed the following items as being lost: two pair of Nike shorts,
one Nike tank top, two
pair of McGregor sweat pants, six pair of tube socks, one windbreaker
jacket, and one pair of
shoes. The claimant presented to the Court one accurate copy of an
Inmate Property Form
which listed the items and dates that these items were received by
claimant. Respondent
stipulated to the list. Claimant's property form listed only three pairs
of socks, but he claimed that
he lost six pairs. He explained that he actually did have six pairs of
tube socks. He testified that
he lacked the sales receipts for his missing items of clothing. The
clothing did not have any
identifying marks. He admitted that if he had requested that the guards
mark his clothing for him,
they would have done so.

James Harold Kirby, an officer at the penitentiary, testified regarding
the policy with regard to
laundry at the penitentiary. When laundry is lost, there is a form which
the inmates fill out to be
turned into the hall captain. The inmate's cell is then searched to
ascertain that the items are not
in the inmate's cell. The personal property loss form is given to the
laundry officer and then
delivered to Officer Kirby. He then attempts to locate the lost property
items for the inmate. He
indicated that he has no way of knowing whether the property listed as
lost by the inmate was
sent to the laundry. Claimant herein did not complete the property loss
form at the time that he
allegedly lost his personal property. The penitentiary was unable to
attempt a reconciliation with
the claimant as the property form was not completed in a timely manner.

The Court is of the opinion that the State is not an insurer of
clothing or other articles which
inmates choose to bring into any State facility. Therefore, the Court is
of the opinion to and does
disallow this claim.

Claim disallowed.