13. Eric George of Boscobel, Wisconsin claims $219.99 for replacement value of a television allegedly broken by DOC staff. In December 2010, the claimant was an inmate at Green Bay Correctional Institution. He states that on December 30, 2010, two correctional officers entered his cell and extracted him, during which one officer knocked the claimant's television off his desk. The claimant states that he was later informed by the property officer packing up his belongings that the TV would not turn on. Because the TV was no longer working, DOC would not allow the claimant to keep it and it was disposed of. The claimant alleges that the television worked fine before it was knocked off the desk. He requests reimbursement for the replacement value of the TV.
S446
DOC recommends denial of this claim. DOC states that on the date of this incident, both the claimant and his cell mate refused a direct order from correctional officers to turn on their cell light and come to the front of their cell. DOC states that while his cell mate attempted to block their view, the correctional officers witnessed the claimant flushing contraband down the toilet. DOC states that when the officers entered the cell, the claimant resisted and did not comply with their orders. The claimant was given two conduct reports related to the incident. DOC states that there is no evidence that the TV was working before the incident and no evidence that DOC staff damaged the television during the extraction. DOC notes that "the propensity of prisoners to lie and harass has been judicially noted." DOC further states that, even if the television was knocked over and damaged as the claimant alleges, such damage would have occurred during the course of a cell entry that was necessitated by the claimant's own conduct. Had the claimant and his cell mate obeyed staff orders, this incident would not have occurred. DOC points to Colon v. Schneider, which supports the idea that the fault for any damage resulting from the use of force lies directly with the disobedient inmate. Finally, DOC points to numerous cases which provide that a person should not be allowed to profit from his own wrongdoing. DOC believes that the claimant has not come before the Claims Board with "clean hands" and that any alleged damage to the television was clearly caused by his own refusal to follow orders.
The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employees and this claim is neither one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
The Board concludes:
That the following claims are denied:
Wisconsin State Payphones
Milwaukee County, J. Muniz & P. Xiong
Yalonzo R. Hull
Charles Tubbs
Steven N. Winters
Mary Jaques
Lee Alexander Brown
Gerald Polzin
Thomas Seeley
Eric George
That payment of the below amounts to the identified claimants from the following statutory appropriations is justified under S 16.007, Stats:
Steve Means
Gregory D. Murray
Pamela Galloway
Senate Finance Committee
Patricia Strachota
Assembly Finance Committee
Brian Hagedorn
Representative of the Governor
__________________
State of Wisconsin
Government Accountability Board
September 6, 2011
The Honorable, The Senate:
The following lobbyists have been authorized to act on behalf of the organizations set opposite their names.
For more detailed information about these lobbyists and organizations and a complete list of organizations and people authorized to lobby the 2011-2012 session of the legislature, visit the Government Accountability Board's web site at
http://gab.wi.gov/
Foti, Steven National Seating & Mobility, Inc.
Horkan, Peter National Seating & Mobility, Inc.
Petersen, Eric J Capital Midwest Advisors, LLC
Scearce, Dena Medtronic, Inc.
Also available from the Wisconsin Government Accountability Board are reports identifying the amount and value of time state agencies have spent to affect legislative action and reports of expenditures for lobbying activities filed by organizations that employ lobbyists.
Sincerely,
Kevin Kennedy
Director and General Counsel
__________________
