Opinion
No. 87-02540-AD.
Decided May 27, 1988.
Theodore E. Beaverson, pro se. Richard P. Seiter, Director, Dept. of Rehabilitation and Correction, for defendant.
THE COURT FINDS THAT:
1. Plaintiff, Theodore E. Beaverson, an inmate at defendant's Southern Ohio Correctional Facility, has alleged that on January 30, 1986, his radio was confiscated by defendant's employees and never returned;
2. Plaintiff has filed this complaint seeking to recover $75, the estimated value of the radio which plaintiff contends was lost as a result of negligence on the part of defendant;
3. Although the radio was an item subject to the institution's title regulations, plaintiff has failed to produce a title to the radio;
4. Therefore, defendant has asserted plaintiff never possessed a radio since no title was ever produced;
5. Evidence has been submitted to show plaintiff mailed a radio out of defendant's facility on March 10, 1986.
THE COURT CONCLUDES THAT:
1. Since no title to the radio was ever submitted, the radio in question was contraband, an item of property plaintiff had no right to possess;
2. Therefore, plaintiff has no right to assert a claim for lost property he had no right to possess.
IT IS ORDERED THAT:
1. Plaintiff's case is denied and judgment entered in favor of defendant;
2. The court absorb the court costs for this case.
So ordered.