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Bonnette v. Ohio Department of Rehabilitation and Correction

Court of Claims of Ohio

January 31, 2018

JAMES A. BONNETTE Plaintiff
v.
OHIO DEPARTMENT OF REHABILITATION AND CORRECTION Defendant

          Sent to S.C. Reporter 4/30/18

          MEMORANDUM DECISION

         FINDINGS OF FACT

         {¶1} Plaintiff, James Bonnette, an inmate, filed a complaint against defendant, Ohio Department of Rehabilitation and Correction ("ODRC"). Plaintiff related on August 11, 2016, while housed at defendant's Trumbull Correctional Institution ("TCI"), he noticed small items missing or used in his cell. Plaintiff related he placed as many items of his personal property as he could in his locker box. On August 13th, he noticed one of his fans missing after returning from recreation. Next day, plaintiff noticed items missing from his locked locker box. At that time, he informed Correctional Officer ("CO") Kleinknecht that he believed his cellmate was stealing from him. He stated CO Kleinknecht reported there was nothing he could do and to report his suspicions to Sgt. Lewis on Monday August 15th. Plaintiff related he went to his job assignment that day, and when he returned the lock from the locker box was missing as well as the contents of his locker box. Plaintiff related at that time he was moved from his cell to another location.

         {¶2} Plaintiff related ODRC did not conduct a search for his stolen property. Plaintiff related there are two cameras which view his cell. Plaintiff related he provided defendant's agents a list of his stolen property and filed a theft/loss report. Plaintiff stated he followed all procedures to no avail.

         {¶3} Plaintiff lists the following property items as stolen and their values: Casio basic calculator, $5.00; 6" Lakewood clip-on-fan, $12.29; blue blanket, $13.75; sweatshirt, $9, 14; alarm clock, $7.94; Reebok shower shoes, $14.94; brown belt, $5.38; sweatpants, $9.14; CD player, $42.99; 6' video cable, $6.40; Koss CL-Pro headphones, $18.50; RCA remote control, $10.80; Timberland boots, $80.25; Sony digital radio, $43.87; handheld game, $15.00; handheld poker game, $17.15; battery operated shaver, $12.95; Nike Fusion tennis shoes, $74.95; two pairs of GRT Sport Dazzle shorts, $19.90; JP4 player, $50.00; two pillows, $14.00; hot pot, $19.32; two pairs of JVC earbuds, $21.70; two 8" fans, $44.00; beard trimmer, $24.47; nose/ear trimmer, $12.00; EP3 earbuds, $3.05; TV cable splitter, $3.37; two five way electrical plugs, $26.00; six way wall mount electrical plug, $10.00; lamp, $10.00; light bulb, $.60; padlock, $7.10; two decks of poker cards, $2.50; two bars of Zest soap, $4.90; two Men's Speed Stick deodorant, $5.60; two Colgate toothpastes, $4.80; highlighter, $.52; Bic ink pen, $.95; two toothbrushes, $2.10; three AAA batteries, $3.75; three AA batteries, $3.75; two anti-fungal creams, $3.00; two mirrors, $4.54; pair of shower shoes, $1.03; fifteen stamped envelopes, $8.70; three laundry detergents, $3.60; razor ten pack, $2.08; two green bath towels, $20.00; baby powder, $1.23; dental floss, $1.33; sewing kit, $1.76; Ibuprofen, $1.87; copy card, $2.00; two Famotidine (Pepcid), $12.40; two Tums, $3.64; Vaseline, $.95; cotton swabs, $1.02; two Maxwell House Coffees, $5.20; and twenty-four Beef Ramen soups, $6.00. The total of plaintiffs stolen property equals $775.15.

         {¶4} Plaintiff submitted a copy of the theft/loss report dated September 10, 2016. Under the section stating: "Explain what action (i.e. search) was taken at the time the theft was reported and if no action was taken, why not" it stated:

"Cell #203 was searched; none of the items were recovered. They had been missing 8/15/16."

          {¶5} Under section stating: "Report of investigation of theft including any witnesses or suspects", it stated:

"Inmate was robbed on 8/15/16 in 13W/264. Inmate had brought situation to the attention of several staff members brfore [sic] he was robbed. He was finally moved to 12W/264 on 8/15/16; went to 12E 203B on 8/17/16. List of lost/stolen items with receipts/prices attached."

         {¶6} Finally, under the section entitled Chief Security Officer's/Designee's Action the box in front of "No further investigation deemed appropriate at this time" is checked, with the handwritten notation "State to replace."

         {¶7} Plaintiff submitted an invoice from Access SecurePak dated January 30, 2007, which evidences the purchase of a Casio Basic calculator for $5.00, Lakewood 6" clear clip-on-fan, $12.79; a blue blanket for $13.75; and a sweatshirt for $8.50. A second Access SecurePak invoice dated November 19, 2007, evidencing the purchase of a brown belt for $5.38; alarm clock for $7.94; Reebok sandals for $14.94; a sweatshirt for $9.14 and sweatpants for $9.14. Another Access SecurePak invoice dated January 11, 2011, for the purchase of a four pack of AAA batteries, $2.14; a four pack of AA batteries, $2.14; a Tetris handheld game, $15.00; a handheld poker game, $17.19; a 6' video cable, $3.20; Koss earbuds, $3.73, and three pairs of shorts, $25.65. An invoice from Access SecurePak dated August 9, 2009, for the purchase of a 6' video cable, $3.20; Maxell earbuds, $4.48, and an RCA remote control, $10.80.An invoice from Access SecurePak dated March 16, 2013, evidencing the purchase of a 6' video cable for $2.85; Koss CL-Pro headphones for $18.50 and a RCA remote control, $10.10.

         {¶8} A withdrawal slip dated February 27, 2016, for the purchase of a pillow for $7.00. An invoice from Union Supply Direct dated September 17, 2016, for the purchase of three pairs of GRT Sport Dazzle shorts, $29.85; battery operated shaver, $12.95; five packs of stamped envelopes, $17.50; and Nike Fusion tennis shoes, $74.95. A commissary receipt from TCI dated July 7, 2016, for the purchase of Ibuprofen, $1.87 and earphones for $3.05. A commissary slip from TCI dated August 10, 2016, for the purchase of 24 Ramen Noodle soups, $6.00. A TCI commissary slip dated December 23, 2013, for the purchase of a Norelco beard and moustache trimmer, $24.47. A commissary slip dated August 3, 2016, for the purchase of a four pack of AAA batteries, $1.25. Commissary slips dated January 13, 2016 and February 12, 2014, for the purchase of two mirrors at $2.27 each. Finally, a commissary slip dated September 10, 2015, for the purchase of Famotidine for $6.20. Commissary slips from TCI dated February 4, 2012, May 25, 2010, February 19, 2014, June 25, 2012, September 10, 2013, September 2, 2015, for the purchase of the following items and their values respectively: shower shoes, $1.03; Petroleum jelly, $.95; ink pen, $.95; mirror, $2.27; combination lock, $4.80; earphone plug, $10.85; and a deck of playing cards, $1.25.

         {¶9} Plaintiff seeks damages in the amount of $775.15. Plaintiff submitted the $25.00 filing fee with the complaint.

         {¶10} Plaintiff submitted additional documents after he submitted the form complaint. Plaintiff asserted defendant tried to settle this matter with plaintiff. After depreciation of the items in ...


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