Strutton
v.
Ohio Dept. of Rehab. Corr

Court of Claims of OhioMay 20, 1988
61 Ohio Misc. 2d 248 (Ohio Misc. 1988)
61 Ohio Misc. 2d 248577 N.E.2d 166

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No. 87-01225-AD.

Decided May 20, 1988.

Willard Riley Strutton, pro se. Richard P. Seiter, Director, Dept. of Rehabilitation and Correction, for defendant.


THE COURT FINDS THAT:

1. On December 1, 1986, plaintiff, Willard Riley Strutton, Jr., was transferred from defendant's Marion Correctional Institution to defendant's London Correctional Institution.

2. Incident to plaintiff's transfer, his personal property was packed and delivered into defendant's custody.

3. When plaintiff's property was subsequently returned, he complained that he did not receive all his property from defendant; specifically 1,800 sheets of typing paper and three "mush-faked" lighter cases made from match sticks.

4. Consequently, plaintiff has filed this complaint seeking to recover $168, the estimated value of the paper and lighter cases, which plaintiff contends were lost as a result of defendant's negligence in exercising control over his personalty.

5. Defendant's London Correctional Institution specifically prohibits inmates from possessing "mush-faked" items and classifies such items as contraband.

6. Plaintiff admittedly obtained possession of the typing paper through dealing with other inmates, a practice specifically prohibited by defendant.

7. Any property obtained through dealing is classified as contraband.

THE COURT CONCLUDES THAT this claim is denied pursuant to Radford v. Dept. of Rehab. Corr. (1985), Ct. of Claims No. 84-09071-AD, unreported, since the lost property in question was considered contraband and plaintiff has no right to assert a claim for property he has no right to possess.

IT IS ORDERED THAT:

1. Plaintiff's claim is denied and judgment is entered in favor of defendant;

2. The court absorb the court costs for this case.

So ordered.