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.
8. Roland Price of New Lisbon, Wisconsin claims $10,000.00 for the full replacement value of various property items allegedly improperly seized and destroyed by DOC staff during various incidents at Columbia Correctional Institution (CCI) and the Wisconsin Secure Program Facility (WSPF) in 2011 and 2012. The claimant alleges that DOC staff at these institutions is biased against him, violated DOC rules by destroying property while his appeals were pending, and conspired to seize and destroy his property in retaliation for his litigation. The claimant alleges that CCI and WSPF staff violated his constitutional rights by confiscating religious items and legal transcripts, negatively impacting his religious freedom and access to the courts. He also alleges DOC staff violated his due process rights by failing to follow DOC’s rules regarding property allowances and the process for appealing the seizure of property. The claimant requests reimbursement of 100% of the value of legal transcripts, legal books, personal items, typewriters and typewriter supplies, religious materials, and hobby items. The claimant believes DOC’s response to his claim is moot and that DOC staff does not have qualified immunity because of their intentional violation of his due process rights.
DOC recommends denial of this claim. DOC notes that the claimant’s submissions are virtually unintelligible. DOC believes the claimant has failed to state a clear claim explaining the “who, what, where, when and how” that would allow DOC the opportunity to investigate the claimant’s allegations. DOC states that “[a]lthough the Claims Board is not governed by the rules of civil procedure, there should be some requirement that claimants clearly articulate the basis of their claim.” DOC notes that, from what it can discern of the claimant’s submissions, he appears to be bringing a claim for alleged intentional torts, therefore, DOC believes that the state is protected from this claim by the doctrine of Sovereign Immunity.
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 identified claimants are denied:
Bernice Matchey
Kevin Hess
Tom Hubl d/b/a Hubl’s Motel
Aquan Mobley
Roland Price
That payment of the amounts below to the identified claimants from the following statutory appropriations is justified under § 16.007, Stats: Guiffre
Dated at Madison, Wisconsin this 14th day of January, 2014.
COREY FINKELMEYER
Chair, Representative of the Attorney General
GREGORY D. MURRAY
Secretary, Representative of the Secretary of Administration
BRIAN HAGEDORN
Representative of the Governor
JOSEPH LEIBHAM
Senate Finance Committee
PATRICIA STRACHOTA
Assembly Finance Committee
