DOC recommends denial of this claim. DOC states that, contrary to the claimant’s assertions, WCI staff fully complied with the institution’s policies regarding inventory of inmate property upon transfer, release, and placement in segregation. DOC states that the claimant is requesting reimbursement for items that were either damaged while in his possession or items he did not possess at the time of the inventories. DOC notes that when the claimant was placed in segregation in March 2011, his inventory form showed no antenna, no fan, no headphones and one pair of eyeglasses. Therefore, DOC states there is no evidence that these items were lost or damaged while under staff control. The claimant was again placed in segregation in July 2011 and his property inventoried. The claimant again filed a complaint for damaged lost property. DOC states that with respect to his claim for the checkerboard, tennis shoes and calculator; the July 2011 inventory form clearly show that no such items existed. With respect to the baseball cap; WCI staff found the cap and noted no damage. With respect to the damaged glasses, DOC states that the eyeglasses were not broken at the time of inventory because if they had been, they would have been seized by property staff as contraband. DOC believes the claimant has provided no evidence of any property lost or damaged by WCI staff and that his claim should be denied.
This claim was originally considered in closed session on September 26, 2012. The DOC filed its response to this claim on September 25, 2012, therefore, the claimant did not have an opportunity to receive and respond to DOC’s recommendation prior to the Claims Board meeting. The board deferred decision of this claim in order to give the claimant an opportunity to respond to DOC’s filing.
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 with the state should assume and pay based on equitable principles.
The Board concludes:
That the following claims are denied:
Marion Lynette
Forest Seaton Shomberg
Beth Reeves
Trammel Starks
Antonio Johnson
That payment of the below amounts to the identified
claimants from the following statutory appropriations is justified under S 16.007, Stats:
David R. Turnpaugh $0.00
That based upon the proposed resolution recommended by the agency, the following claim is withdrawn:
Kelle and Brian Dorn
Dated at Madison, Wisconsin this 12th day of
December, 2012.
STEVE MEANS
Chair, Representative of the Attorney General
GREGORY D. MURRAY
Secretary, Representative of the Secretary of Administration
BRIAN HAGEDORN
Representative of the Governor
LENA TAYLOR
Senate Finance Committee
PATRICIA STRACHOTA
Assembly Finance Committee
______
Pursuant to Wis. Stats. 13.172 (2) and (3), attached is the list of agency reports received from executive branch and legislative service agencies for the month of December, 2012.
WHA Information Center
2009-2001 Wisconsin Inpatient Hospital Quality Indicators Report
Pursuant to 153.22, Wis. Stats.
Received December 4, 2012.
Department of Natural Resources
2012 Green Tier Biennial Progress Report
Pursuant to 299.83(8)(h), Wis. Stats.
Received December 7, 2012.
Department of Natural Resources
Invasive Species Report
Pursuant to 23.22(6), Wis. Stats.
Received December 10, 2012.
Legislative Audit Bureau
WRS Annuitants Hired by Employers
Participating in the WRS
Received December 14, 2012.
Legislative Audit Bureau
UW System’s Role in WiscNet and Grant-Funded Networks
Received December 18, 2012.
Medical College of WI
Annual Report for the Breast and Prostate Cancer Research Program
Received December 26, 2012.
Legislative Audit Bureau
Wisconsin Educational Communications Board
Pursuant to 440.42(3), Wis. Stats.
Received December 21, 2012.
Claims Board
Claims heard on December 12, 2012
Pursuant to 16.007, 775.05, Wis. Stats.
Received December 27, 2012.
Department of Corrections
Use of overtime in each state adult correctional institution for FY 12
Pursuant to 301.03(6t), Wis. Stats.
Received December 28, 2012.
Referred to joint committee on Finance.
Department of Children and Families
Child Abuse and Neglect Report, 2011 Data
Pursuant to 48.981, Wis. Stats.
Received December 27, 2012.
WI Economic Development Corporation
2012 Annual Report
Pursuant to 238.07 (1), Wis. Stats.
