The Inmate Complaint Examiner’s investigation found that Officer Smith, who was on duty at the time claimant’s unit was showering, reported no incident of an unauthorized inmate entering claimant’s cell. DOC points to the fact that staff at both the Officer and Sergeant stations are within 30 feet of claimant’s cell and would have seen if another inmate had entered the cell. Because DOC found no evidence that another inmate entered claimant’s cell his complaint was denied, and claimant did not appeal that denial. DOC believes claimant has provided no evidence of negligence by DOC staff and that his claim should be denied.
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.
11. Jibril Wilson of Green Bay, Wisconsin claims $148.98 for the value of a television allegedly damaged by Green Bay Correctional Institution staff. On 10/5/19, Officer Pecor asked claimant a question about his cellmate. Claimant refused to answer and alleges that Pecor threatened to “destroy” his cell if he did not cooperate. Pecor sent claimant and his cellmate downstairs while he searched their cell. Claimant alleges that his TV was working prior to the search but when he returned to the cell afterwards, his TV was broken. Claimant asked Pecor why he’d broken the TV and Pecor allegedly laughed and said the TV was not broken. Claimant reported the broken TV to Sgt. Linssen and filed an Inmate Complaint, which was denied. Claimant notes that the ICE investigator failed to interview his cellmate, who could have testified that claimant’s TV worked prior to the cell search. Claimant believes it is unlikely that Officer Pecor would not return to remove broken property from his cell and that he falsified the cell search report. Claimant believes Pecor broke his television in retaliation because claimant did not answer his question. He requests reimbursement for the full value of the TV.
An investigation into claimant’s complaint found that Officer Pecor had noted on the cell search form that claimant’s TV was already damaged when the search occurred. The Inmate Complaint Examiner spoke with Pecor, who indicated that he had removed the cellmate’s TV, which was also damaged, but forgot to return to remove claimant’s damaged television. DOC believes claimant’s complaint was properly investigated and denied, and that claimant has provided no evidence to support his allegation that Officer Pecor damaged his television. The Department of Corrections recommends denial of this claim.
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.
12. George Wilson of Waupun, Wisconsin claims $96.70 for the value of tennis shoes, headphones, and a t-shirt allegedly lost by Department of Corrections staff at Waupun Correctional Institution. Claimant was sent to segregation on 1/18/20, and his property was packed and removed by staff. When he later received his property inventory, he noticed that several items were missing. Claimant notes that he has receipts for the items and points to a 6/14/19 document where staff acknowledges he owned the tennis shoes. Clamant alleges that another inmate saw staff carry claimant’s white tennis shoes out of the cell. Claimant disputes DOC’s assertion that his cellmate was present when his property was packed; his cellmate was out on a medical appointment. Claimant filed an inmate complaint regarding this matter, which DOC denied. Claimant notes that it is not possible to fit all property inside the footlocker provided by DOC. Finally, claimant states that the fact that he had another inmate’s television in his property is proof that DOC staff is careless when handling inmate property.
DOC recommends denial of this claim. DOC states that when claimant was sent to temporary lock-up, Officer Hibma went to his cell to remove his property. Hibma asked claimant’s cellmate to separate his property from claimant’s and after he did so, she removed claimant’s property from the cell. DOC records indicate that claimant’s cellmate was scheduled to leave the institution at 1:20 PM and that claimant’s property was packed at 1 PM, which leads to the reasonable conclusion that the separating of claimant’s property occurred prior to 1 PM, while his cellmate was present. Officer Hibma noted that claimant’s footlocker was locked at the time. DOC states that inmates are directed to lock valuables in their footlocker to prevent theft. DOC points to the fact that there have been numerous incidents of claimant possessing property belonging to other inmates and notes that when his property was inventoried in this incident, he had a television belonging to another inmate. DOC states that this is not proof of staff negligence, but of claimant’s long history of trading property with other inmates. DOC believes it is likely that claimant traded away the property that he now alleges was lost by DOC staff.
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 payment of the amounts below to the identified claimants from the following statutory appropriations is justified under Wis. Stat. § 16.007 (6)(b). Richard A. Lawrence Jr. $6,000.00
Robert Schultz $4,000.00
That the following identified claimants are denied:
Carter Dedolph
Benjamin Werlein
Ryan and Richard Leaver
Glenn & Lorraine Lemmenes
Timmy Johnson
Norman Rhodes
Robert Tatum
Dominique Tovsen-Caseres
Jibril Wilson
George Wilson
Dated at Madison, Wisconsin this 28tht day of August, 2020.
COREY FINKELMEYER
Chair, Representative of the Attorney General
AMY KASPER
Secretary, Representative of the Secretary of Administration
LUTHER OLSEN
Senate Finance Committee
TERRY KATSMA
Assembly Finance Committee
RYAN NILSESTUEN
Representative of the Governor
