[Cite as Ahrns v. Lebanon Correctional Inst., 2010-Ohio-4784.]

Court of Claims of Ohio

The Ohio Judicial Center 

65 South Front Street, Third Floor 

Columbus, OH 43215 

614.387.9800 or 1.800.824.8263 

www.cco.state.oh.us

JAMES E. AHRNS 

 Plaintiff 

 v. 

LEBANON CORRECTIONAL INSTITUTION 

 Defendant 

Case No. 2009-09027-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

FINDINGS OF FACT 

{¶ 1} 1) Plaintiff, James E. Ahrns, an inmate incarcerated at defendant, 

Lebanon Correctional Institution (LeCI), alleged several items of personal property were 

stolen from his cell housing unit on May 18, 2009 at a time when he was away from the 

unit. Plaintiff recalled he left the cell to go to the LeCI dining hall and then to yard 

recreation and locked the cell door before leaving the area. Plaintiff stated, “upon 

returning to the block, my cellmate and I discovered our cell door ajar and our property 

missing.” Plaintiff noted he immediately reported the theft to LeCI employee Officer 

O’Rourke. Plaintiff advised that “O’Rourke did not make any attempt to investigate the 

theft or conduct a search or attempt to recover the property,” which included a hot pot, a 

power strip, a clear digital clock, a radio, ear buds, a digital converter box with remote 

control, a universal remote control, a twenty-two ounce mug, a calculator, a pair of 

shower shoes, state issue t-shirts, socks, and undershorts, a bottle of baby powder, and 

a tube of toothpaste. Plaintiff submitted a copy of an “Inmate Property Theft/Loss 

Report” (Theft Report) that was filed incident to his reporting the theft. According to 
information contained in the Theft Report, no investigation was conducted, no search for 

any property was performed, and no action at all was taken by LeCI personnel other 

than filing the Theft Report. 

{¶ 2} 2) Plaintiff suggested Officer O’Rourke opened the cell door by “using 

the electronic key box” thereby giving access to the cell and the property stored inside. 

Plaintiff therefore, contended Officer O’Rourke acted negligently in opening the cell door 

before ascertaining the identity of any particular inmate requesting the cell door be 

opened. Plaintiff filed this action asserting his property was stolen as a result of 

negligence on the part of LeCI personnel in indiscriminately opening his cell door to 

consequently facilitate a theft. Plaintiff seeks recovery of damages in the amount of 

$133.69, the stated replacement cost of the claimed stolen property. Plaintiff related he 

has receipts for his property, but he did not submit any receipts. Plaintiff also claimed 

the loss of state issue clothing items and any claim for state issued property is denied.1

 

Payment of the filing fee was waived. 

{¶ 3} 3) Defendant denied liability in this matter arguing that plaintiff did not 

offer sufficient evidence to prove any of his property was stolen as a proximate cause of 

negligence on the part of LeCI staff in opening his cell door. Defendant explained that 

LeCI employees Officer O’Rourke and Officer Weiss were assigned to plaintiff’s 

cellblock on May 18, 2009 and both denied opening plaintiff’s cell door. Additionally, the 

LeCI Inspector reported, “O’Rourke was interviewed and denied the allegations of using 

the electronic key box to open any cell doors and stated that he was assigned to range 

1 and the CO’s desk on the date in question and that since Ahrns lived on range 3 in 

cell 34 he would not have any reason to unlock the cell door.” Defendant noted Officer 

Weiss was assigned to range 3 on May 18, 2009 where plaintiff was housed. However, 

according to the LeCI Inspector Weiss “denied opening any cell doors without properly 

verifying that inmates lived in the respective cell.” Defendant did not provide any written 

statements about the events on May 18, 2009 from either Officer O’Rourke or Officer 

Weiss. Defendant denied any of plaintiff’s property was stolen or unrecovered as a 

 1

 This court has previously held that property in an inmate’s possession which cannot be 

validated by proper indicia of ownership is contraband and therefore, no recovery is permitted when such 

property is lost or stolen. Wheaton v. Department of Rehabilitation and Correction (1988), 88-04899-AD. 

Consequently, plaintiff’s claim for the loss of state issued property items such as socks, t-shirts, and 

undershorts is denied since he has failed to offer sufficient proof to show he owned the property. See 
result of a negligent act or omission on the part of LeCI personnel. 

{¶ 4} 4) Plaintiff filed a response contending his property was stolen when his 

cell was unlocked by an employee of defendant. Plaintiff submitted identical typed 

statements from two fellow inmates, John David Anderson and Timothy Wilson who 

both advised they were in plaintiff’s cellblock on May 18, 2009. Both Anderson and 

Wilson provided the following listed statements concerning the conduct of Officer 

O’Rourke: 

{¶ 5} “That I assert that it is common practice for Corrections Officer O’Rourke 

to use the key box to open cell doors rather than individually checking Inmate 

Identification badges and comparing them to Cell Identification badges. This key box is 

located near the officers’ desk and is of great distance from most cell doors and is 

usually used when an officer does not feel like walking the ranges to unlock the doors. 

{¶ 6} “That Corrections Officer O’Rourke would open whatever cell door an 

Inmate would call out from the ranges without looking first or checking to see if that is 

actually the inmate’s cell location. 

{¶ 7} “That the opening of doors in this manner had led to many cells being 

burglarized and it is a common practice at the Lebanon Correctional Institution for 

officers to open whatever door an inmate calls out over the ranges. 

{¶ 8} “That any inmate who wishes to gain access to another inmates cell can 

do so simply by calling out that particular cell number to the officers using the key box.” 

CONCLUSIONS OF LAW 

{¶ 9} 1) In order to prevail, plaintiff must prove, by a preponderance of the 

evidence, that defendant owed him a duty, that defendant breached that duty, and that 

defendant’s breach proximately caused his injuries. Armstrong v. Best Buy Company, 

Inc., 99 Ohio St. 3d 79, 2003-Ohio-2573,¶8 citing Menifee v. Ohio Welding Products, 

Inc. (1984), 15 Ohio St. 3d 75, 77, 15 OBR 179, 472 N.E. 2d 707. 

{¶ 10} 2) “Whether a duty is breached and whether the breach proximately 

caused an injury are normally questions of fact, to be decided by . . . the court . . .” 

Pacher v. Invisible Fence of Dayton, 154 Ohio App. 3d 744, 2003-Ohio-5333, 798 N.E. 

2d 1121, ¶41, citing Miller v. Paulson (1994), 97 Ohio App. 3d 217, 221, 646 N.E. 2d 

521; Mussivand v. David (1989), 45 Ohio St. 3d 314, 318, 544 N.E. 2d 265. 

 

Sanford v. Ross Correctional Inst., Ct. of Cl. No. 2006-03494-AD, 2006-Ohio-7311. 
{¶ 11} 3) Although not strictly responsible for a prisoner’s property, defendant 

had at least the duty of using the same degree of care as it would use with its own 

property. Henderson v. Southern Ohio Correctional Facility (1979), 76-0356-AD. 

{¶ 12} 4) This court in Mullett v. Department of Correction (1976), 76-0292-AD, 

held that defendant does not have the liability of an insurer (i.e., is not liable without 

fault) with respect to inmate property, but that it does have the duty to make “reasonable 

attempts to protect, or recover” such property. 

{¶ 13} 5) Plaintiff has the burden of proving, by a preponderance of the 

evidence, that he suffered a loss and that this loss was proximately caused by 

defendant’s negligence. Barnum v. Ohio State University (1977), 76-0368-AD. 

{¶ 14} 6) Plaintiff must produce evidence which affords a reasonable basis for 

the conclusion defendant’s conduct is more likely than not a substantial factor in 

bringing about the harm. Parks v. Department of Rehabilitation and Correction (1985), 

85-01546-AD. 

{¶ 15} 7) The credibility of witnesses and the weight attributable to their 

testimony are primarily matters for the trier of fact. State v. DeHass (1967), 10 Ohio St. 

2d 230, 39 O.O. 2d 366, 227 N.E. 2d 212, paragraph one of the syllabus. The court is 

free to believe or disbelieve, all or any part of each witness’s testimony. State v. Antill

(1964), 176 Ohio St. 61, 26 O.O. 2d 366, 197 N.E. 2d 548. The court does not find 

plaintiff’s assertions particularly persuasive as well as the assertions of John David 

Anderson and Timothy Wilson. 

{¶ 16} 8) The allegation that a theft may have occurred is insufficient to show 

defendant’s negligence. Williams v. Southern Ohio Correctional Facility (1985), 83-

07091-AD; Custom v. Southern Ohio Correctional Facility (1986), 84-02425. Plaintiff 

must show defendant breached a duty of ordinary or reasonable care. Williams. 

{¶ 17} 9) Defendant is not responsible for thefts committed by inmates unless an 

agency relationship is shown or it is shown that defendant was negligent. Walker v. 

Southern Ohio Correctional Facility (1978), 78-0217-AD. 

{¶ 18} 10) Defendant, when it retains control over whether an inmate’s cell door is 

to be open or closed, owes a duty of reasonable care to inmates who are exclusively 

forced to store their possession in the cell while they are absent from the cell. Smith v. 

Rehabilitation and Correction (1978), 77-0440-AD. 
{¶ 19} 11) However, in the instant claim, plaintiff has failed to prove defendant 

negligently or intentionally unlocked his cell door, and therefore, no liability shall attach 

to defendant as a result of any theft based on this contention. Carrithers v. Southern 

Ohio Correctional Facility (2002), 2001-09079-AD. 

{¶ 20} 12) Generally, defendant has a duty to conduct a search for plaintiff’s 

property within a reasonable time after being notified of the theft. Phillips v. Columbus 

Correctional Facility (1981), 79-0132-AD; Russell v. Warren Correctional Inst. (1999), 

98-03305-AD. 

{¶ 21} 13) However, a search is not always necessary. In Copeland v. 

Department of Rehabilitation and Correction (1985), 85-03638-AD, the court held that 

defendant had no duty to search for missing property if the nature of the property is 

such that it is indistinguishable and cannot be traced to plaintiff. In the instant case, the 

bulk of the property items claimed were indistinguishable and, therefore, no duty to 

search arose. Wallace v. Grafton Corr. Inst., Ct. of Cl. No. 2009-01743, 2009-Ohio5741. 

{¶ 22} 14) Plaintiff has no right to pursue a claim for destroyed property in which 

he cannot prove any right of ownership. DeLong v. Department of Rehabilitation and 

Correction (1988), 88-06000-AD. Plaintiff has failed to offer proof he owned any of the 

alleged stolen property. 

{¶ 23} 15) Plaintiff has failed to prove, by a preponderance of the evidence, that 

defendant was negligent in respect to making any attempts to recover distinguishable or 

indistinguishable stolen property. See Williams v. Dept. of Rehab. & Corr., Ct. of Cl. 

No. 2005-11094-AD, 2006-Ohio-7207. 

{¶ 24} 16) Plaintiff has failed to prove, by a preponderance of the evidence, that 

any of his property was stolen or unrecovered as a proximate result of any negligent 

conduct attributable to defendant. Fitzgerald v. Department of Rehabilitation and 

Correction (1998), 97-10146-AD. Hall v. London Correctional Inst., Ct. of Cl. No. 2008-

04803-AD, 2008-Ohio-7088. 

 

 
 

Court of Claims of Ohio

The Ohio Judicial Center 

65 South Front Street, Third Floor 

Columbus, OH 43215 

614.387.9800 or 1.800.824.8263 

www.cco.state.oh.us 

JAMES E. AHRNS 

 Plaintiff 

 v. 

LEBANON CORRECTIONAL INSTITUTION 

 Defendant 

Case No. 2009-09027-AD 

Deputy Clerk Daniel R. Borchert 

ENTRY OF ADMINISTRATIVE DETERMINATION

 Having considered all the evidence in the claim file and, for the reasons set forth 

in the memorandum decision filed concurrently herewith, judgment is rendered in favor 

of defendant. Court costs are assessed against plaintiff. 

 

 ________________________________ 

 DANIEL R. BORCHERT 

 Deputy Clerk 

Entry cc: 

James E. Ahrns, #528-686 Gregory C. Trout, Chief Counsel 

3791 St. Rt. 63 Department of Rehabilitation 

P.O. Box 56 and Correction 

Lebanon, Ohio 45036 770 West Broad Street 

 Columbus, Ohio 43222 

RDK/laa 

Filed 6/4/10 
Sent to S.C. reporter 10/1/10