Inmate property loss. Admission of liability and damages. Judgment for plaintiff.

[Cite as Custom v. Ohio Dept. of Rehab. & Corr., 2003-Ohio-6602.]

IN THE COURT OF CLAIMS OF OHIO

JESSE J. CUSTOM :

Plaintiff :

v. : CASE

NO.

2003AD

OHIO DEPARTMENT OF :

MEMORANDUM DECISION

REHABILITATION AND CORRECTION :

Defendant

____________________

THE COURT FINDS THAT: "1) On October 20, 2003, plaintiff, Jesse J. Custom, filed a complaint against

defendant, Department of Rehabilitation and Correction, alleging defendant's personnel lost his greeting card. Plaintiff seeks damages in the amount of $1.12 for property loss, plus $25.00 for filing fee reimbursement; "2) On October 20, 2003, defendant filed an investigation report admitting liability and acknowledging plaintiff suffered damages in the amount of $26.12.

THE COURT CONCLUDES THAT: "1) I find, by a preponderance of the evidence, negligence by defendant has been

shown. Baisden v. Southern Ohio Correctional Facility (1977), 76AD; Stewart v. Ohio National Guard (1979), 78AD; "2) Plaintiff has suffered damages in the amount of $1.12, plus the $25.00 filing fee, which may be reimbursed as compensable damages pursuant to the holding in Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19.

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

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plaintiff in the amount of $26.12, which includes the filing fee. Court costs are assessed against defendant. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.

DANIEL R. BORCHERT Deputy Clerk

Entry cc: Jesse J. Custom, #156-652

Plaintiff, Pro se 2500 S. Avon Belden Road Grafton, Ohio 44044 Carl Anderson, Warden

For Defendant Grafton Correctional Institution 2500 S. Avon-Belden Road Grafton, Ohio 44044

DRB/laa 10/28 Filed 11/13/03 Sent to S.C. reporter 12/9/

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