Opinion
No. 87-04909-AD.
Decided April 27, 1988.
Jackie R. Sims, pro se. Richard P. Seiter, Director, Dept. of Rehabilitation and Correction, for defendant.
THE COURT FINDS THAT:
1. On or about December 24, 1986, defendant, Southern Ohio Correctional Facility, received a sundry package in the mail addressed to plaintiff, Jackie R. Sims;
2. Pursuant to the defendant's institutional policy the package was opened, inspected, and found to contain impermissible items;
3. The impermissible property remained in defendant's custody and was scheduled for return to the original sender;
4. Evidence shows the property was never remailed and has subsequently been considered lost;
5. Plaintiff filed this complaint seeking to recover $52, the estimated value of the lost property;
6. Defendant has admitted liability, but disputes plaintiff's property value estimation;
7. The lost property in question has been verified as used property.
THE COURT CONCLUDES THAT:
1. As trier of fact, this court has the power to award reasonable damages based on evidence presented;
2. The court finds defendant liable to plaintiff in the amount of $20.
IT IS ORDERED THAT:
1. Defendant (Southern Ohio Correctional Facility) pay plaintiff (Jackie R. Sims # 162-398) $20 and such interest as is allowed by law;
2. Costs for this case are assessed against the defendant.
So ordered.