New York Prisoner Awarded $153 for Lost Property
New York Prisoner Awarded $153 for Lost Property
A New York Court of Claims awarded $153 to a prisoner for property lost by prison officials. The judgment also provided for an interest award and recovery of filing fees.
Prisoner Sheldon N. Messer was transferred on February 10, 2011, from Sing Sing Correctional Facility (Sing Sing) to Orleans Correctional Facility (Orleans). Prior to the transfer, Messer was given permission to send out his radio to the manufacturer for repairs.
Under the permit authorizing possession of the radio, it had to be an AM only with a value not exceeding $75.00. The manufacturer, however, replaced Messer’s radio with an AM/FM radio, which would have had a $150.00 value if a new permit was issued. A new permit was not issued.
Sing Sing forwarded the new radio to Orleans via UPS, whose records indicate the package was received at Orleans. Orlean’s officials said the 15 packages received that day did not include one for Messer and that his radio was not received by them. Although in denying Messer’s claim for damages they admitted UPS records show an officer signed for the radio package, Orlean’s officials denied his claim.
Messer also included a claim for lost property of 63 cans and 15 pouches/containers of food, which he valued at $1.00 each. These items were notated on a 2-64 form, but they were crossed off and Sing Sing officials said Messer requested to have the feed destroyed.
After a hearing on his lawsuit, the Court of Claims found that Messer “Established entitlement to recovery for his lost property.” The court awarded him $75.00 for the radio and $78.00 for the food, plus interest from February 11, 2011. It’s March 22, 2013; order also awarded Messer, who proceeded pro se, recovery of any filing fee paid.
See: Messer v. New York, New York Court of Claims, 2013-010-007, Claim No 120277-A
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Related legal case
Messer v. New York
| Year | 2013 |
|---|---|
| Cite | New York Court of Claims, 2013-010-007, Claim No 120277-A |
| Level | State Trial Court |
| Damages | 153.00 |