Opinion
2023-00220AD
11-28-2023
JAVIER H. ARMENGAU Plaintiff v. OHIO DEPARTMENT OF REHABILITATION AND CORRECTION Defendant
Sent to S.C. Reporter 2/28/24
MEMORANDUM DECISION
{¶1} On April 11, 2023, Javier Armengau ("plaintiff) filed an amended complaint against defendant, Ohio Department of Rehabilitation and Correction ("ODRC"). Plaintiff submitted the $25.00 filing fee.
{¶2} Plaintiff related at some time prior to December 22, 2021, he purchased two (2) $10.00 debit cards for use in institutional vending machines. Plaintiff also paid a $2.00 deposit on each card. The unit in which plaintiff was housed was shuttered and plaintiff was moved to a new housing unit which did not contain vending machines. Plaintiff sent multiple kites to prison staff seeking either a refund on the debit cards or access to housing units containing vending machines. Plaintiff was told repeatedly that prison staff were working on a solution. Approximately a year after moving housing blocks, plaintiff was moved back to his original housing block. The vending machines here had been emptied after the move and never restocked. On January 30, 2023, inmates received an institutional email advising them to turn in any unused debit cards to their unit managers. Plaintiff did so and his appeal for a refund was denied.
{¶3} On October 5, 2023, defendant filed an investigation report wherein defendant states that plaintiff was told repeatedly that defendant's agents were working on a solution and that plaintiff returned the debit cards but was not offered reimbursement. Defendant seeks an order reimbursing plaintiff $24.00 for the unusable debit cards. Plaintiff did not file a response.
{¶4} Therefore, judgment is rendered in favor of plaintiff in the amount of $24.00, plus $25.00 for reimbursement of the filing fee pursuant to the holding in Bailey v. Ohio Dept. of Rehab. & Corr., 62 Ohio Misc.2d 19, 587 N.E.2d 990 (Ct. of Cl.1990).
ENTRY OF ADMINISTRATIVE DETERMINATION
{¶5} 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 $49.00, which includes reimbursement of the filing fee. Court costs are assessed against defendant.