[Cite as Braun v. Toledo Corr. Inst., 2011-Ohio-3857.]

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

JEFFREY R. BRAUN 

 Plaintiff 

 v. 

TOLEDO CORRECTIONAL INSTITUTION 

 Defendant 

Case No. 2010-11676-AD 

Deputy Clerk Daniel R. Borchert 

MEMORANDUM DECISION

FINDINGS OF FACT 

{¶ 1} On November 5, 2010, plaintiff, Jeffrey R. Braun, an inmate formerly 

incarcerated at defendant's Toledo Correctional Institution ("ToCI"), filed this action 

alleging several items of his personal property were lost while under the control of ToCI 

staff. Plaintiff explained he was transferred to segregation on April 6, 2010, and his 

personal property was packed and sent to storage incident to the transfer. Plaintiff 

pointed out he regained possession of his property in July 2010, and discovered the 

following items were missing: one KTV digital color TV, Koss headphones, Sony CD 

player, Masey Kool Junior fan, Coby AC/DC adapter, and a clip-on lamp. 

{¶ 2} Plaintiff has alleged his property was lost or stolen as a proximate cause 

of negligence on the part of ToCI personnel in handling his property. Plaintiff noted he 

was not present during the pack-up of his property but insisted that all of the listed 

property was located in his locked cell prior to his transfer to segregation. Plaintiff filed 
 

this complaint seeking to recover $311.62 the total replacement cost of the listed 

property. Payment of the filing fee was waived. 

{¶ 3} Plaintiff submitted an invoice for the purchase of Koss headphones, a CD 

player, and a KTV television set, dated February 12, 2008. 

{¶ 4} Defendant contended plaintiff failed to provide sufficient evidence to 

establish he delivered Koss headphones, a CD player, a fan, an adapter, and a clip-on 

lamp, into the custody of ToCI personnel incident to a transfer from the general 

population to a segregation unit. Defendant disputed plaintiff’s assertion he actually 

possessed the listed property with the exception of the KTV television set on April 6, 

2010, when he was transferred to segregation. Defendant acknowledged Corrections 

Officer Mel Brown confirmed that he packed up plaintiff’s television but the other 

claimed items were not present in plaintiff’s cell during the pack up. Defendant denied 

any of plaintiff’s property, with the exception of the television set, was lost as a 

proximate result of negligence on the part of defendant. 

{¶ 5} Plaintiff filed a response suggesting defendant either fabricated or 

improperly altered the pack-up sheet dated April 6, 2010. In addition, plaintiff seeks an 

order from the court prohibiting defendant from using any monies awarded as 

reimbursement for outstanding court costs. 

CONCLUSIONS OF LAW 

{¶ 6} 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), 
Case No. 2006-03532-AD - 3 - MEMORANDUM DECISION

Case No. 2006-03532-AD - 3 - MEMORANDUM DECISION

176 Ohio St. 61, 26 O.O. 2d 366, 197 N.E. 2d 548. In the instant action, the trier of fact 

does not find the statements offered by plaintiff concerning the delivery and subsequent 

loss of his property, with the exception of the television set, to be particularly 

persuasive. 

{¶ 7} 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. 

{¶ 8} 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. 

{¶ 9} 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. 

{¶ 10} Negligence on the part of defendant has been shown in respect to the 

issue of property protection. Billups v. Department of Rehabilitation and Correction 

(2001), 2000-10634-AD. 
 

{¶ 11} As trier of fact, this court has the power to award reasonable damages 

based on evidence presented. Sims v. Southern Ohio Correctional Facility (1988), 61 

Ohio Misc. 2d 239, 577 N.E. 2d 160. 

{¶ 12} Damage assessment is a matter within the function of the trier of fact. 

Litchfield v. Morris (1985), 25 Ohio App. 3d 42, 25 OBR 115, 495 N.E. 2d 462. 

Reasonable certainty as to the amount of damages is required, which is that degree of 

certainty of which the nature of the case admits. Bemmes v. Pub. Emp. Retirement 

Sys. Of Ohio (1995), 102 Ohio App. 3d 782, 658 N.E. 2d 31. 

{¶ 13} The standard measure of damages for personal property is market value. 

McDonald v. Ohio State Univ. Veterinary Hosp. (1994), 67 Ohio Misc. 2d 40, 644 N.E. 

2d 750. 

{¶ 14} Evidence has shown plaintiff’s television set was more than two years old 

when the incident forming the basis of this claim occurred. Based on the fact the 

television set constituted depreciable property, the court finds plaintiff has suffered 

damages in the amount of $100.00. See Martin v. Ohio Dep't Rehab. & Corr., Ct. of Cl. 

No. 2009-03151-AD, 2009-Ohio-6364. 

{¶ 15} R.C. 5120.133 governs the transmission of funds from an inmate account 

to satisfy court-ordered payment of court costs. Ohio Adm. Code 5120-5-03 provides 

the mechanism for the collection of court-ordered costs from inmates. The court of 

claims lacks jurisdiction to order defendant to refrain from following the mandates 

promulgated by another court. See Abdussatar v. Mansfield Corr. Inst., Ct. of Cl. No. 

2007-09429-AD, 2008-Ohio-3419, State v. Brown, 156 Ohio App. 3d 120, 2004-Ohio558. 
Case No. 2006-03532-AD - 5 - MEMORANDUM DECISION

Case No. 2006-03532-AD - 5 - MEMORANDUM DECISION

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 

JEFFREY R. BRAUN 

 Plaintiff 

 v. 

TOLEDO CORRECTIONAL INSTITUTION 

 Defendant 

Case No. 2010-11676-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 plaintiff in the amount of $100.00. Court costs are assessed against defendant. 

 

 

 DANIEL R. BORCHERT 

 Deputy Clerk 

Entry cc: 

Jeffrey R. Braun, #504-477 Gregory C. Trout, Chief Counsel 

P.O. Box 45699 Department of Rehabilitation 

Lucasville, Ohio 45699 and Correction 

 770 West Broad Street 

 Columbus, Ohio 43222 

SJM/laa 

3/24 

Filed 4/21/11 

Sent to S.C. reporter 8/5/11