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Ohio Prisoner Awarded $500 For Lost Property
The Ohio Court of Claims awarded $500 to a prisoner who claimed prison personnel lost various items of property when he was transferred.
Thomas Pasco, an Ohio state prisoner, was transferred from the Ohio State Penitentiary (OSP) to the Belmont Correctional Institution on October 29, 2003. However, Pasco claimed that various items of property were not transferred with him. These items included a radio/cassette player, a pair of headphones, a television, a fan, two cassette tapes, games and game pieces, various articles of clothing, and assorted photographs from two albums.
Pasco sued in the Court of Claims seeking to recover damages in the amount of $1,203.49: $500 for the photographs, $428.49 for his remaining property, $250 for assistance in preparing his claim, and $25.00 for reimbursement of the filing fee. Defendant OSP admitted liability but disputed Pasco's damages request stating that it has no objection to an award of damages in this case in an amount reflective,' of the loss sustained.
Without elaborating, the court awarded Pasco a total of $500: $475 for the lost property and $25.00 for the filing fee. The court denied Pasco's claim for assistance in preparing the claim holding that it was not a recognizable element of damages. Court costs were assessed against the OSP. See: Pasco v. Ohio State Penitentiary, 2004 Ohio 4821; 2004 Ohio Misc. LEXIS 505 (Oh. Ct. clms.).
Thomas Pasco, an Ohio state prisoner, was transferred from the Ohio State Penitentiary (OSP) to the Belmont Correctional Institution on October 29, 2003. However, Pasco claimed that various items of property were not transferred with him. These items included a radio/cassette player, a pair of headphones, a television, a fan, two cassette tapes, games and game pieces, various articles of clothing, and assorted photographs from two albums.
Pasco sued in the Court of Claims seeking to recover damages in the amount of $1,203.49: $500 for the photographs, $428.49 for his remaining property, $250 for assistance in preparing his claim, and $25.00 for reimbursement of the filing fee. Defendant OSP admitted liability but disputed Pasco's damages request stating that it has no objection to an award of damages in this case in an amount reflective,' of the loss sustained.
Without elaborating, the court awarded Pasco a total of $500: $475 for the lost property and $25.00 for the filing fee. The court denied Pasco's claim for assistance in preparing the claim holding that it was not a recognizable element of damages. Court costs were assessed against the OSP. See: Pasco v. Ohio State Penitentiary, 2004 Ohio 4821; 2004 Ohio Misc. LEXIS 505 (Oh. Ct. clms.).
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Related legal case
Pasco v. Ohio State Penitentiary
| Year | 2004 |
|---|---|
| Cite | 2004 Ohio 4821; 2004 Ohio Misc. LEXIS 505 (Oh. Ct. |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 500 |
| Injunction Status | N/A |
Not Reported in N.E.2d, 2004-Ohio-4821
CHECK OHIO SUPREME COURT RULES FOR REPORTING OF OPINIONS AND WEIGHT OF LEGAL AUTHORITY.
Court of Claims of Ohio.
Thomas PASCO, Plaintiff.
v.
OHIO STATE PENITENTIARY, Defendant.
No. 2004-02512-AD.
Decided Aug. 19, 2004.
Thomas Pasco, # 420-624, P.O. Box 540, St. Clairsville, Ohio, 43950, Plaintiff, Pro se.
Gregory C. Trout, Chief Counsel, Department of Rehabilitation and Correction, 1050 Freeway Drive North, Columbus, Ohio, 43229, For Defendant.
MEMORANDUM DECISION
FINDINGS OF FACT
*1 {¶ 1} 1) On or about October 29, 2003, plaintiff, Thomas Pasco, an inmate, was transferred from defendant, Ohio State Penitentiary (OSP), to the Belmont Correctional Institution (BeCI).
{¶ 2} 2) Plaintiff has claimed that several items of his personal property were not transferred to BeCI and were presumed lost while under the control of OSP personnel. Plaintiff related the following items are missing: a radio/cassette player, a set of headphones, a television set, a fan, two cassette tapes, games and game pieces, various articles of clothing, and assorted photographs contained in two albums.
{¶ 3} 3) Plaintiff filed this complaint seeking to recover $500.00 for his photographs, $428.49 for the remaining property, $250.00 for assistance in preparing his claim, and $25.00 for filing fee reimbursement. Plaintiff's total damage claim amounts to $1,203 .49. The requisite material filing fee was paid. The claim for assistance in preparing this action is not a recognizable element of damages and is therefore denied. The issue shall not be further addressed.
{¶ 4} 4) Defendant admitted liability for the loss of all property items claimed. However, defendant disputed plaintiff's damage request. Defendant related it "has no objection to an award of damages in this case in an amount reflective," of the loss sustained.
CONCLUSIONS OF LAW
{¶ 5} 1) Negligence on the part of defendant has been shown in respect to all property claimed. Baisden v. Southern Ohio Correctional Facility (1977), 76- 0617-AD.
{¶ 6} 2) The assessment of damages is a matter within the province of the trier of fact. Litchfield v. Morris (1985), 25 Ohio App.3d 42.
{¶ 7} 3) Where the existence of damage is established, the evidence need only tend to show the basis for the computation of damages to a fair degree of probability. Brewer v. Brothers (1992), 82 Ohio App.3d 148. Only reasonable certainty as to the amount of damages is required, which is that degree of certainty of which the nature of the case admits. Bemmes v. Pub. Emp. Retirement Sys. Of Ohio (1995), 102 Ohio App.3d 782.
{¶ 8} 4) The court finds defendant liable to plaintiff in the amount of $475.00, 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.
ENTRY OF ADMINISTRATIVE DETERMINATION
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 plaintiff in the amount of $500.00, 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.
Not Reported in N.E.2d, 2004-Ohio-4821
END OF DOCUMENT
CHECK OHIO SUPREME COURT RULES FOR REPORTING OF OPINIONS AND WEIGHT OF LEGAL AUTHORITY.
Court of Claims of Ohio.
Thomas PASCO, Plaintiff.
v.
OHIO STATE PENITENTIARY, Defendant.
No. 2004-02512-AD.
Decided Aug. 19, 2004.
Thomas Pasco, # 420-624, P.O. Box 540, St. Clairsville, Ohio, 43950, Plaintiff, Pro se.
Gregory C. Trout, Chief Counsel, Department of Rehabilitation and Correction, 1050 Freeway Drive North, Columbus, Ohio, 43229, For Defendant.
MEMORANDUM DECISION
FINDINGS OF FACT
*1 {¶ 1} 1) On or about October 29, 2003, plaintiff, Thomas Pasco, an inmate, was transferred from defendant, Ohio State Penitentiary (OSP), to the Belmont Correctional Institution (BeCI).
{¶ 2} 2) Plaintiff has claimed that several items of his personal property were not transferred to BeCI and were presumed lost while under the control of OSP personnel. Plaintiff related the following items are missing: a radio/cassette player, a set of headphones, a television set, a fan, two cassette tapes, games and game pieces, various articles of clothing, and assorted photographs contained in two albums.
{¶ 3} 3) Plaintiff filed this complaint seeking to recover $500.00 for his photographs, $428.49 for the remaining property, $250.00 for assistance in preparing his claim, and $25.00 for filing fee reimbursement. Plaintiff's total damage claim amounts to $1,203 .49. The requisite material filing fee was paid. The claim for assistance in preparing this action is not a recognizable element of damages and is therefore denied. The issue shall not be further addressed.
{¶ 4} 4) Defendant admitted liability for the loss of all property items claimed. However, defendant disputed plaintiff's damage request. Defendant related it "has no objection to an award of damages in this case in an amount reflective," of the loss sustained.
CONCLUSIONS OF LAW
{¶ 5} 1) Negligence on the part of defendant has been shown in respect to all property claimed. Baisden v. Southern Ohio Correctional Facility (1977), 76- 0617-AD.
{¶ 6} 2) The assessment of damages is a matter within the province of the trier of fact. Litchfield v. Morris (1985), 25 Ohio App.3d 42.
{¶ 7} 3) Where the existence of damage is established, the evidence need only tend to show the basis for the computation of damages to a fair degree of probability. Brewer v. Brothers (1992), 82 Ohio App.3d 148. Only reasonable certainty as to the amount of damages is required, which is that degree of certainty of which the nature of the case admits. Bemmes v. Pub. Emp. Retirement Sys. Of Ohio (1995), 102 Ohio App.3d 782.
{¶ 8} 4) The court finds defendant liable to plaintiff in the amount of $475.00, 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.
ENTRY OF ADMINISTRATIVE DETERMINATION
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 plaintiff in the amount of $500.00, 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.
Not Reported in N.E.2d, 2004-Ohio-4821
END OF DOCUMENT