KENNETH STEPHENSON, Claimant, v. THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought $850 for loss of personal property, including legal files and books, when transferred from disciplinary segregation to health-care unit. The court awarded $300 as fair and reasonable compensation, noting lack of proof of replacement cost or current need.
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Headnotes
- NEIL F. HARTIGAN, Attorney General (J OHN J. PERCONTI, Assistant Attorney General, of counsel), for Respondent.
- PFUSONERS AND INMATES-transfer of inmate-personal property lostaward granted. An inmate of a correctional center was granted an award of $300 for the accumulation of legal files, books and records which were lost when he was transferred from the disciplinary segregation unit at the center to the health-care unit, since the State took possession of the property, but never returned it to him, and the amount awarded was fair and reasonable in view of the age and nature of the materials lost.
This is a claim for the loss of items of personal property when Claimant was taken from the disciplinary segregation unit at the Menard Correctional Center to the health-care unit of the institution on April 27,1983.
There is no dispute that the State took possession of Claimant’s property and that it was not returned to him. The problem presented by this case is the value to be placed on the lost items.
In the portion of his complaint entitled bill of particulars, Claimant described the items as follows: “(9) Nine years accumulation of legal files, books and records including but not limited to the following, (4) Illinois Criminal Law and Procedures (1977 [*264] to 1980) (5) Illinois Legal Directories, 8 Litigation Manuals, complete records and transcripts of appeals, post-conviction, conviction and approximately six civil actions, including exhibits, all of which was photostatically reproduced for the claimant at cost. Claimant seeks an estimated $850.00 for his losses.”
He testified that the four copies of the Illinois Criminal Code were paperbacks, that he had a Blacks Legal Dictionary, and four legal directories of the type that are published annually. He lost the transcript of his 1975 trial in Cook County, the transcript consisting of at least 500 pages. He lost the transcripts of his postconviction proceedings and the briefs and transcript of his post-conviction appeal, plus material pertaining to certain Federal actions, some apparently still pending.
He offered no proof as to what it would cost him to replace these documents, and the record fails to disclose that he actually has a need for them. The age and nature of the material supports the amount of $300.00 as fair and reasonable compensation for his loss.
It is therefore ordered, adjudged and decreed that Claimant be awarded three hundred ($300.00) dollars in full and complete satisfaction of this claim.