Claimant, an inmate proceeding
, seeks damages for the loss of his personal property during his
transfer from one cell block to another within Sing Sing Correctional
Claimant testified that on March 28, 1996, he was removed from his cell in B
block. He did not pack his own belongings (Ex. 1, Inmate Claim Form). Rather,
Correction Officer Dumas packed claimant's items and completed the I-64, Inmate
Property Transferred form (Ex.1, I-64 Form). When claimant received his
property, he noticed that his gold chain with a religious medallion was missing.
Claimant filed a Department of Correctional Services Inmate Claim Form, which
was denied on the grounds that the officer who packed claimant's property did
not list any jewelry on the I-64 form (Ex. 1, Inmate Claim Form).
Claimant submitted numerous documents supporting his testimony that he
possessed a gold chain with a religious medallion. (Ex. 3, Proof of Ownership
document from Clinton Correctional Facility dated June 5, 1994; Ex. 4, I-64
form, dated June 19, 1995 detailing property in claimant's possession when he
was transferred from Clinton Correctional Facility to Sing Sing Correctional
Facility; Ex.1, Sing Sing Correctional Facility Local Permit form dated June19,
Claimant maintains that defendant failed to properly secure his property,
which resulted in the loss of claimant's jewelry. Defendant argues that, if
the jewelry was not listed on the I-64 form, then it was not in claimant's
possession (Ex. A).
Upon listening to claimant testify and observing his demeanor as he did so,
the Court finds that claimant's testimony, coupled with his documentary
evidence, establishes that claimant possessed a chain with a religious medallion
prior to his transfer and that the defendant was negligent in its failure to
secure such property.
Accordingly, the Court finds that claimant is entitled to a judgment in the
amount of $40.00 with interest from March 28, 1996.
LET JUDGMENT BE ENTERED ACCORDINGLY.