[Cite as High v. Pickaway Correctional Inst., 2010-Ohio-5452.]

Court of Claims of Ohio The Ohio Judicial Center South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us

JESSIE M. HIGH Plaintiff v. PICKAWAY CORRECTIONAL INSTITUTE Defendant Case No. 2009-07890-AD Deputy Clerk Daniel R. Borchert MEMORANDUM DECISION

FINDINGS OF FACT {¶ 1} 1) Plaintiff, Jessie M. High, an inmate incarcerated at defendant, Pickaway Correctional Institution, filed this action alleging his personal property was confiscated during a July 2, 2009 shakedown search and not returned. Plaintiff requested damages in the amount of $79.29 for property loss. Plaintiff also requested reimbursement of unspecified copying costs. The $25.00 filing fee was paid and plaintiff requested reimbursement of that cost along with his damage claim. {¶ 2} 2) Defendant filed an investigation report admitting liability and acknowledging plaintiff suffered property loss damages in the amount of $79.29.

CONCLUSIONS OF LAW {¶ 3} 1) Copying costs are not compensable. See Carnail v. Dept. of Rehab. & Corr., Ct. of Cl. No. 2007-06322-AD, 2008-Ohio-1207. {¶ 4} 2) Negligence on the part of defendant has been shown in respect to the issue of property protection. Billups v. Department of Rehabilitation and Correction (2001), 2000-10634-AD; Tyler v. Ohio Dept. of Rehab. & Corr. , Ct. of Cl. No. 2007- 07299-AD, 2008-Ohio-3418. {¶ 5} 3) Defendant is liable to plaintiff for his property loss in the amount of $79.29, plus the $25.00 filing fee costs. Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19, 587 N.E. 2d 990.

Court of Claims of Ohio The Ohio Judicial Center South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us

JESSIE M. HIGH Plaintiff v. PICKAWAY CORRECTIONAL INSTITUTION Defendant Case No. 2009-07890-AD Deputy Clerk Daniel R. Borchert

ENTRY OF ADMINISTRATIVE DETERMINATION

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 $104.29, which includes the filing fee. Court costs are assessed against defendant.

DANIEL R. BORCHERT Deputy Clerk Entry cc: Jessie M. High, #A356-806 Gregory C. Trout, Chief Counsel 11781 State Route 762 Department of Rehabilitation Orient, Ohio 43146 and Correction West Broad Street Columbus, Ohio 4222 RDK/laa 6/23 Filed 7/20/10 Sent to S.C. reporter 11/5/10