[Cite as El-Amin v. Ohio State Penitentiary, 2011-Ohio-5521.]
Court of Claims of Ohio
The Ohio Judicial Center
65 South Front Street, Third Floor
Columbus, OH 43215
614.387.9800 or 1.800.824.8263
www.cco.state.oh.us
ODRAYE EL-AMIN (AKA JONES), Case No. 2011-03065-AD
Plaintiff,
v. Acting Clerk Daniel R. Borchert
OHIO STATE PENITENTIARY,
Defendant. MEMORANDUM DECISION
FINDINGS OF FACT
{¶ 1} On June 20, 2010, plaintiff, Odraye El-Amin (AKA Jones), an
inmate incarcerated at defendant’s Ohio State Penitentiary (OSP), was
transferred from OSP to an outside medical facility for treatment.
{¶ 2} Plaintiff asserts he was required to surrender his clothes and Nike
tennis shoes and to change into orange clothing and shoes for the transport.
Plaintiff alleges that his Nike shoes could not be located upon his return to OSP.
{¶ 3} Plaintiff claims he learned from others at OSP that his shoes were
thrown away. Plaintiff filed this complaint seeking to recover $64.48, for the
stated replacement cost of his missing shoes, and “a penalty” between an
additional $64.48 and $2400.00 for stress and anguish.1 The filing fee was paid.
{¶ 4} Plaintiff submitted with his complaint a “personal A/C Withdrawal
Check Out-Slip” which lists the purchase of “Misc. Nike” from Access Securepak
1
Initially, it should be noted that this court does not recognize entitlement to damages for mental distress and
extraordinary damages for simple negligence involving property loss. Galloway v. Department of Rehabilitation and
Correction (1979), 78-0731-AD; Berke v. Ohio Dept. of Pub. Welfare (1976), 52 Ohio App. 2d 271, 6 O.O. 3d 280, 369
N.E. 2d 1056. Consequently, the court shall address plaintiff’s claim based on the standard measure of damages for
property loss.
for $64.48, on April 26, 2010.
{¶ 5} In the investigation report defendant admits liability for the loss of
the tennis shoes in the amount of $63.48 and specifically denies liability for any
mental anguish and stress. Defendant did not submit any documentation to
verify plaintiff paid only $63.48 for the shoes.
{¶ 6} Plaintiff filed a response insisting that he is entitled to all damages
claimed.
CONCLUSIONS OF LAW
{¶ 7} Negligence on the part of defendant has been shown in respect to
the issue of protecting plaintiff’s property after he was transferred. Billups v.
Department of Rehabilitation and Correction (2001), 2000-10634-AD, jud.
{¶ 8} As trier of fact, this court has the power to award reasonable
damages based on evidence presented. Sims v. Southern Ohio Correctional
Facility (1988), 61 Ohio Misc. 2d 239, 577 N.E. 2d 160.
{¶ 9} Damage assessment is a matter within the function of the trier of
fact. Litchfield v. Morris (1985), 25 Ohio App. 3d 42, 25 OBR 115, 495 N.E. 2d
462. Reasonable certainty as to the amount of damages is required, which is
that degree of certainty of which the nature of the case admits. Bemmes v. Pub.
Emp. Retirement Sys. Of Ohio (1995), 102 Ohio App. 3d 782, 658 N.E. 2d 31.
{¶ 10} Plaintiff has suffered damages in the amount of $64.48, plus the
$25.00 filing fee, which may be reimbursed as compensable damages pursuant
to the holding in 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
65 South Front Street, Third Floor
Columbus, OH 43215
614.387.9800 or 1.800.824.8263
www.cco.state.oh.us
ODRAYE EL-AMIN (AKA JONES), Case No. 2011-03065-AD
Plaintiff,
v. Acting Clerk Daniel R. Borchert
OHIO STATE PENITENTIARY,
Defendant.
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 $89.48, which includes the filing fee.
Court costs are assessed against defendant.
DANIEL R. BORCHERT
Acting Clerk
Entry cc:
Odraye El-Amin (aka Jones), #358-112 Gregory C. Trout, Chief Counsel
878 Coitsville-Hubbard Road Department of Rehabilitation
Youngstown, Ohio 44505 and Correction
770 West Broad Street
Columbus, Ohio 43222
6/8
Filed 7/19/11
Sent to S.C. reporter 10/27/11