Opinion

Howard v. Mansfield Correctional Inst.

  • 2010 Ohio 4783
Court
Ohio Court of Claims
Filed
Jun 8, 2010
Status
Published
On the bench
Borchert
Cited by
2 cases
Authority
More cited than 49.1%

The opinion

[Cite as Howard v. Mansfield Correctional Inst., 2010-Ohio-4783.]

Court of Claims of Ohio

The Ohio Judicial Center

65 South Front Street, Third Floor

Columbus, OH 43215

614.387.9800 or 1.800.824.8263

www.cco.state.oh.us

JASON HOWARD

Plaintiff

v.

MANSFIELD CORRECTIONAL INSTITUTION

Defendant

Case No. 2009-09019-AD

Deputy Clerk Daniel R. Borchert

MEMORANDUM DECISION

FINDINGS OF FACT

{¶ 1} 1) On September 10, 2008, plaintiff, Jason Howard, an inmate

incarcerated at defendant, Mansfield Correctional Institution (ManCI), was transferred

from the ManCI general population to a segregation unit. Plaintiff’s personal property

was inventoried, packed, and delivered into the custody of ManCI staff incident to the

September 10, 2008 transfer. Plaintiff related his property remained stored in the

ManCI vault until March 9, 2009 when he was transferred from ManCI to the Trumbull

Correctional Institution (TCI). Plaintiff’s property was again inventoried incident to his

transfer to TCI and the items were forwarded to that institution. On March 10, 2009, TCI

staff also inventoried plaintiff’s property. Plaintiff submitted copies of all three property

inventories, dated September 10, 2008, March 9, 2009, and March 10, 2009.

{¶ 2} 2) Plaintiff explained he briefly examined his property before he boarded

a bus for transport from ManCI to TCI and he informed ManCI employee Lt. Page that

he was “missing a bag of property.” Plaintiff related he retrieved his property at TCI on

March 10, 2009 and discovered multiple items were missing. Plaintiff contended the

missing property items were left in the ManCI property vault when he was transferred

from that institution on March 9, 2009. Plaintiff maintained the following articles of

property were lost while under the control of ManCI personnel: “1 Blue Blanket, 1 Pair

Blue Shorts, 1 Sweat Shirt, 1 Sweat Pants, 2 Towels, 1 Pair House Shoes, 3 Pair of

Socks, 3 T-Shirts, 1 Belt, 2 Pair Gloves, 1 Beard Trimmers, 1 Shampoo, 1 Conditioner,

1 Brush & Comb, 1 Pair Riddel White tennis shoes, Handballs, and 1 T.V. Remote.”

Plaintiff contended defendant should bear liability for the loss of his property and he has

consequently, filed this complaint seeking to recover $176.00, the stated replacement

cost of the items. Payment of the filing fee was waived.

{¶ 3} 3) Plaintiff submitted copies of his three Inmate Property Records

compiled on September 10, 2008, March 9, 2010, and March 10, 2010. The September

10, 2008 inventory compiled at ManCI lists the following items relevant to this claim:

one blanket, two pairs of gym shorts, two sweat shirts, one pair of sweat pants, three t-

shirts, one personal belt, four towels, one pair of house shoes, three pairs of socks, two

pairs of personal gloves, a shampoo, a conditioner, and brushes and combs. Beard

trimmers, tennis shoes, handballs, and a t.v. remote control are not listed on the

September 10, 2008 Inmate Property Record. The March 9, 2010 inventory compiled at

ManCI and the March 10, 2010 inventory compiled at TCI do not list any of the items

claimed in plaintiff’s complaint with the exception of one pair of gym shorts, one sweat

shirt, and one towel.

{¶ 4} 4) Defendant denied any liability in this matter asserting plaintiff failed to

provide proof he actually owned any of the items claimed. Defendant stated, “[t]here is

no proof that the items were lost due to negligence” on the part of ManCI staff.

Defendant suggested plaintiff voluntarily discarded property to meet volume limitations

for inmate property possession.

{¶ 5} 5) Plaintiff filed a response insisting he owned all the property claimed

and all items claimed were lost while under the control of ManCI personnel. Plaintiff

specifically denied he discarded any property to satisfy volume limitations set by

defendant.

{¶ 6} 5) Defendant submitted a copy of plaintiff’s Inmate Property Record

compiled by ManCI staff and dated August 13, 2008. This Inmate Property Record lists

one pair of white Riddel gym shoes. Both plaintiff and defendant submitted copies of

grievances plaintiff filed in regard to his property loss claim. In a grievance appeal

dated June 19, 2009, plaintiff asserted his gym shoes were packed on September 10,

2008, but were not listed by the packing officer due to the fact the officer listed the

shoes on the Inmate Property Record as “Shoes/Work Boot” rather than “Shoes/Gym.”

On the subsequent Inmate Property Records compiled on March 9, 2009 and March 10,

2009, there are no “Shoes/Work Boot” listed.

CONCLUSIONS OF LAW

{¶ 1} 1) In order to prevail, plaintiff must prove, by a preponderance of the

evidence, that defendant owed him a duty, that defendant breached that duty, and that

defendant’s breach proximately caused his injuries. Armstrong v. Best Buy Company,

Inc., 99 Ohio St. 3d 79, 2003-Ohio-2573,¶8 citing Menifee v. Ohio Welding Products,

Inc. (1984), 15 Ohio St. 3d 75, 77, 15 OBR 179, 472 N.E. 2d 707.

{¶ 2} 2) “Whether a duty is breached and whether the breach proximately

caused an injury are normally questions of fact, to be decided by . . . the court . . .”

Pacher v. Invisible Fence of Dayton, 154 Ohio App. 3d 744, 2003-Ohio-5333, 798 N.E.

2d 1121, ¶41, citing Miller v. Paulson (1994), 97 Ohio App. 3d 217, 221, 646 N.E. 2d

521; Mussivand v. David (1989), 45 Ohio St. 3d 314, 318, 544 N.E. 2d 265.

{¶ 3} 3) Although not strictly responsible for a prisoner’s property, defendant

had at least the duty of using the same degree of care as it would use with its own

property. Henderson v. Southern Ohio Correctional Facility (1979), 76-0356-AD.

{¶ 4} 4) This court in Mullett v. Department of Correction (1976), 76-0292-AD,

held that defendant does not have the liability of an insurer (i.e., is not liable without

fault) with respect to inmate property, but that it does have the duty to make “reasonable

attempts to protect, or recover” such property.

{¶ 5} 5) Plaintiff has the burden of proving, by a preponderance of the

evidence, that he suffered a loss and that this loss was proximately caused by

defendant’s negligence. Barnum v. Ohio State University (1977), 76-0368-AD.

{¶ 6} 6) Plaintiff must produce evidence which affords a reasonable basis for

the conclusion defendant’s conduct is more likely than not a substantial factor in

bringing about the harm. Parks v. Department of Rehabilitation and Correction (1985),

85-01546-AD.

{¶ 7} 7) In order to recover against a defendant in a tort action, plaintiff must

produce evidence which furnishes a reasonable basis for sustaining his claim. If his

evidence furnishes a basis for only a guess, among different possibilities, as to any

essential issue in the case, he fails to sustain the burden as to such issue. Landon v.

Lee Motors, Inc. (1954), 161 Ohio St. 82, 53 O.O. 25, 118 N.E. 2d 147.

{¶ 8} 8) The credibility of witnesses and the weight attributable to their

testimony are primarily matters for the trier of fact. State v. DeHass (1967), 10 Ohio St.

2d 230, 39 O.O. 2d 366, 227 N.E. 2d 212, paragraph one of the syllabus. The court is

free to believe or disbelieve, all or any part of each witness’s testimony. State v. Antill

(1964), 176 Ohio St. 61, 26 O.O. 2d 366, 197 N.E. 2d 548. The court finds plaintiff’s

assertions credible in regard to the delivery of most of the property into the custody of

ManCI staff. The court also finds plaintiff’s assertions regarding ownership of property

to be persuasive.

{¶ 9} 9) Negligence on the part of defendant has been shown in respect to the

issue protecting plaintiff’s property after he was transferred to segregation on

September 10, 2008. Billups v. Department of Rehabilitation and Correction (2001),

2000-10634-AD. Plaintiff has offered sufficient proof to establish all property items

claimed with the exception of a pair of handballs, beard trimmers, and a remote control

were lost or stolen while under the control of ManCI staff.

{¶ 10} 10) The standard measure of damages for personal property loss is market

value. McDonald v. Ohio State Univ. Veterinary Hosp. (1994), 67 Ohio Misc. 2d 40, 644

N.E. 2d 750.

{¶ 11} 11) In a situation where a damage assessment for personal property

destruction or loss based on market value is essentially indeterminable, a damage

determination may be based on the standard value of the property to the owner. This

determination considers such factors as value to the owner, original cost, replacement

cost, salvage value, and fair market value at the time of the loss. Cooper v. Feeney

(1986), 34 Ohio App. 3d 282, 518 N.E. 2d 46.

{¶ 12} 12) As trier of fact, this court has the power to award reasonable damages

based on evidence presented. Sims v. Southern Ohio Correctional Facility (1988), 61

Ohio Misc. 2d 239, 577 N.E. 2d 160.

{¶ 13} 13) Damage assessment is a matter within the function of the trier of fact.

Litchfield v. Morris (1985), 25 Ohio App. 3d 42, 25 OBR 115, 495 N.E. 2d 462.

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, 658 N.E. 2d 31.

{¶ 14} 14) Plaintiff has suffered damages in the amount of $138.21.

Court of Claims of Ohio

The Ohio Judicial Center

65 South Front Street, Third Floor

Columbus, OH 43215

614.387.9800 or 1.800.824.8263

www.cco.state.oh.us

JASON HOWARD

Plaintiff

v.

MANSFIELD CORRECTIONAL INSTITUTION

Defendant

Case No. 2009-09019-AD

Deputy Clerk Daniel R. Borchert

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 $138.21. Court costs are assessed against defendant.

DANIEL R. BORCHERT

Deputy Clerk

Entry cc:

Jason Howard, #470-060 Gregory C. Trout, Chief Counsel

5701 Burnett Road Department of Rehabilitation

P.O. Box 901 and Correction

Leavittsburg, Ohio 44430 770 West Broad Street

Columbus, Ohio 43222

RDK/laa

5/13

Filed 6/8/10

Sent to S.C. reporter 10/1/10

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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