Earnest Jennings v. State of Illinois

EARNEST JENNINGS, Claimant, v. STATE OF ILLINOIS, Respondent.

Opinion filed April 6, 1979.

PRISONERS AND INMATES-Bailments. State has a duty to exercise reasonable care to safeguard and return an inmate’s property when it takes actual physical possession of such property during the course of the transfer of an inmate between penal institutions.

Po.os, C.J. Claimant, an inmate of an Illinois penal institution, has brought this action to recover the value of certain items of personal property of which he was allegedly possessed while incarcerated. Claimant contends that the property in question was lost while in the actual physical possession of the State of Illinois, and that the State is liable as a bailee for the return of that property.

The record herein establishes that on August 13, 1976, when he arrived at the Joliet Correctional Center, penitentiary authorities took from Claimant his toliet [*770] Order filed on November 29, 1978.

This matter comes before the Court ona motion by Respondent to dismiss this cause.

In a recent case, Jewel Food Stores, Division of Jewel Companies, Inc. v. State of Illinois, No. 77 CC 095, this Court made a ruling in cases of this nature.

Based upon said decision, Respondent’s motion to dismiss is hereby denied and an award is entered in the amount of $236.41 in favor of Claimant.