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.
8. Kevin Burkes of Waupun, Wisconsin claims $137.15 for value of tablet, including songs and games stored on the tablet, allegedly damaged by DOC staff. Burkes indicates he was transferred from CCI to WCI on April 26, 2022. On May 2, 2022, Burkes received his property, but his tablet was missing. DOC staff told him the tablet was designated as contraband upon receipt at WCI because the screen was damaged. Burkes filed an inmate complaint regarding the matter alleging that the tablet was undamaged prior to his transfer. His complaint was affirmed on appeal, and DOC reimbursed Burkes for the depreciated value of the tablet ($110). Burkes disputes DOC's assertion that has not exhausted his administrative remedies regarding the songs and games stored on his tablet. He notes that filing a complaint about the tablet includes anything on the tablet, and that listing the contents separately would have result in dismissal and/ or rejection of the complaint for including multiple issues. Burkes believes that because DOC admitted that the damage occurred while the tablet was under staff control, he should receive the full purchase price of the tablet, plus the cost of the songs and games.
DOC recommends denial of this claim. DOC reimbursed Burkes $110, the depreciated value of the tablet, consistent with DOC policy and believes no further remedy is appropriate in this matter. DOC notes that Burkes did not mention the related songs and games stored on the tablet at the time of his inmate complaint and, therefore, has not exhausted his administrative remedies with respect to those items. DOC also notes that Burkes' claim amount seems to be consistent with the full purchase price of the tablet, not accounting for the $110 already reimbursed. Burkes alleges to have paid $137.15 with tax for the tablet, 42 songs at $2 each ($84), 4 games at $3 ($12), and 2 games at $1 ($2), which totals $235.15. $235.15 minus $110 (already reimbursed) $125.15.
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 identified claimants are denied:
Mercy Health Systems and MercyCare Insurance Co.
Jason Edmonson
Frederick A. Morris (2 claims)
Mark A. Stephens
Antoine B. Lee
Kevin Burkes
Dated at Madison, Wisconsin this 3rd day of November, 2022.
COREY FINKELMEYER
Chair, Representative of the Attorney General
ANNE L. HANSON
Secretary, Representative of the Secretary of Administration
MARY FELZKOWSKI
Senate Finance Committee
TERRY KATSMA
Assembly Finance Committee
_____________
State of Wisconsin
Wisconsin Ethics Commission
November 15, 2022
The Honorable, the Senate:
Pursuant to Wis. Stats. §13.685 (7), we are providing the enclosed information. Please visit the Wisconsin Ethics Commission’s Eye on Lobbying website, https://lobbying.wi.gov, for more detailed information about lobbyists, lobbying principals (organizations), and state agency liaisons. Lee, Misha American Family Insurance Group
Sincerely,
DANIEL A. CARLTON, JR.
Administrator
