McCroskey v. Grafton Corr. Inst. , 2011 Ohio 7026 ( 2011 )

[Cite as McCroskey v. Grafton Corr. Inst., 2011-Ohio-7026.]
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
DENNIS MCCROSKEY
Plaintiff
v.
GRAFTON CORRECTIONAL INSTITUTION
Defendant
Case No. 2011-09896-AD
Deputy Clerk Daniel R. Borchert
MEMORANDUM DECISION
FINDINGS OF FACT
{¶ 1} On November 3, 2009, plaintiff, Dennis McCroskey, an inmate
incarcerated at defendant, Grafton Correctional Institution (“GCI”), was transferred out
of state for an extended period of time.
{¶ 2} Plaintiff’s personal property was inventoried, packed, and delivered into
the custody of GCI staff incident to his transfer. Plaintiff recalled that when he returned
on May 10, 2011, none of his property could be located.
{¶ 3} Plaintiff asserted his property was lost or destroyed as a proximate result
of negligence on the part of GCI personnel and he has consequently filed this complaint
seeking damages in the amount of $2,500.00. Payment of the filing fee was waived.
{¶ 4} Plaintiff submitted a copy of his “Notification of Grievance” form wherein
plaintiff concluded, “I expect to be fully compensated-property value $1800 to $2000.”
{¶ 5} In the investigation report defendant noted that “[d]efendant’s agents were
negligent in causing [plaintiff’s] loss” and “[d]efendant admits damages in the amount of
$2020.”
{¶ 6} 6) Plaintiff did not file a response.
CONCLUSIONS OF LAW
{¶ 7} Negligence on the part of defendant has been shown in respect to the
issue of protecting plaintiff’s property after he was transferred. Billups v. Department of
Rehabilitation and Correction (2001), 2000-10634-AD, jud.
{¶ 8} Defendant is liable to plaintiff in the total amount of $2,020.00.
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
DENNIS MCCROSKEY
Plaintiff
v.
GRAFTON CORRECTIONAL INSTITUTION
Defendant
Case No. 2011-09896-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 $2,020.00. Court costs are assessed against defendant.
DANIEL R. BORCHERT
Deputy Clerk
Entry cc:
Dennis McCroskey, #321-264 Gregory C. Trout, Chief Counsel
2500 S. Avon Belden Road Department of Rehabilitation
Grafton, Ohio 44044 and Correction
770 West Broad Street
Columbus, Ohio 43222
10/17
Filed 10/25/11
Sent to S.C. reporter 3/13/12