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 on for which the state is legally liable nor one with the state should assume and pay based on equitable principles.
5. Thomas C. Smith of Portage, Wisconsin claims $300.39 for the value of a television allegedly destroyed improperly by DOC staff and reimbursement of a $5 disposal fee allegedly taken from his inmate account without his authorization. The claimant is an inmate at Columbia Correctional Institution (CCI). The claimant received a new TV on 5/30/13. He asked CCI property staff to mail his old TV to a friend outside the institution to a friend. The claimant alleges that he was never told that his old TV had been returned to CCI until Sgt. Donovan mentioned it on 7/25/13 when the claimant asked about other property. The claimant states that he told Sgt. Donovan at that time that he would provide another address to which property staff could mail the old TV. The claimant states that the next day he received a disbursement receipt showing that $5 had been removed from his account for the disposal/destruction fee for his old TV. The claimant alleges that Sgt. Donovan forged the claimant’s signature on the disbursement form. The claimant attempted to pursue this matter through the Inmate Complaint system but his complaint and appeal were dismissed. The claimant takes issue with DOC’s allegation that he is not a creditable individual. The claimant admits that he has a criminal history but states that he has no reason to lie and has presented this claim truthfully. The claimant also states that DOC has provided no paperwork to prove that he was notified of the destruction of his television and the deduction of the disposal fee from his account. The claimant requests reimbursement for the cost of his old TV and the TV disposal fee. The claimant is willing to accept payment of a depreciated amount for the TV if that is what the Claims Board feels is appropriate.
DOC recommends denial of this claim. DOC states that Sgt. Donovan told the claimant twice in person and at least twice through messages left with unit staff that his old TV had been returned to CCI marked “Refused” and that the claimant needed to provide a new address to which to send the old TV. DOC states that the clamant failed to do so and therefore, pursuant to DAI Policy 309.20.03, the TV was destroyed 30 days after the claimant’s failure to provide a new address. DOC notes that Sgt. Donovan did not “forge” the claimant’s signature on the disbursement form for the TV disposal fee, but instead simply wrote “Refused” which indicated that the claimant refused to sign the form. DOC notes that, unlike the claimant, Sgt. Donovan has nothing to gain by lying about the circumstances surrounding this claim. DOC states that in a contest of credibility between Sgt. Donovan and the claimant, the claimant’s extensive criminal history and rule violations while incarcerated demonstrate that he is not a credible, trustworthy individual. Finally, DOC believes that the doctrine of sovereign immunity protects the state from any legal liability related to 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 with the state should assume and pay based on equitable principles.
The Board concludes:
That the following identified claimants are denied:
Michael D. Kelly
Ceso Sprewell
Thomas C. Smith
That payment of the amounts below to the identified claimants from the following statutory appropriations is justified under § 16.007, Stats: That payment of the amounts below to the identified claimants from the following statutory appropriations is justified under § 775.05, Stats: Dated at Madison, Wisconsin this 4th day of April, 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
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Referrals and Receipt of Committee Reports Concerning Proposed Administrative Rules
Senate Clearinghouse Rule 10−111
Relating to military family financial aid.
hist30263Resubmitted by Department of Military Affairs with germane modifications attached, pursuant to s. 227.19 (4)(b)4, Wisconsin Statutes, April 3, 2014. hist30088Referred to committee on Transportation, Public Safety, and Veterans and Military Affairs, April 14, 2014.
