NY Court Awards Prisoner over $400 for Lost Property
NY Court Awards Prisoner over $400 for Lost Property
A New York state prisoner won a verdict recovering the value of personal property that went missing after he was transferred between prisons. The court also ordered the state to reimburse William Lopez for postage costs after he was not allowed to inventory his property.
This case began in 2005 when Lopez was housed in segregation at the Eastern Correctional Facility. Under prison policy 7 NYCCR 302.2 (g) (1), when a prisoner is placed in segregation, his property is to be inventoried in his presence within five days of admission. At that time, the prisoner can designate which items he will pay to have shipped and which he will discard or have picked up by family members if he is transferred.
In this case, Lopez was not allowed to inventory his own property. It is undisputed that guards violated regulations by excluding Lopez from the process.
When Lopez arrived at his new institution, he was missing much of his property.
The court found that because Lopez was improperly excluded from the inventory process, and because his testimony was credible and consistent, the state was responsible for the loss. The state offered no witnesses or evidence to refute any of Lopez's claims.
Lopez sought over $1,600 in damages, but the court applied depreciation to much of the lost property, and disallowed about $600 in claims for typing ribbons and 175 photographs.
The total amount of the award was $433.48 (plus interest), which included a nominal $20 award for postage costs of property Lopez may have chosen not to ship if given the opportunity. The court also ordered recovery of the filing fee.
See: Lopez v. The State of New York (NY Court of Claims) No. 2012-048-508, Claim No. 113196 (June 4, 2012).
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Related legal case
Lopez v. The State of New York
| Year | 2012 |
|---|---|
| Cite | (NY Court of Claims) No. 2012-048-508, Claim No. 113196 (June 4, 2012) |
| Level | Court of Claims |
| Conclusion | Bench Verdict |
| Damages | 433.48 |