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Charles E. Knox v. Illinois Department of Corrections

50 Ill. Ct. Cl. 413 Illinois Court of Claims Filed 1997-10-02 No. 97-CC-2793
Disposition: (No. 97-CC-2793-Claim denied.) Agency: Illinois Department of Corrections
Cite as: Charles E. Knox v. Illinois Department of Corrections, 50 Ill. Ct. Cl. 413 (1997)
General Court of Claims 50 denied 1990s Charles E. Knox v. Illinois Department of Corrections 50 Ill. Ct. Cl. 413 1997-10-02 (No. 97-CC-2793-Claim denied.) /opinions/v50-p0416-1/

CHARLES E. KNOX, Claimant, v. THE STATE OF ILLINOIS, DEPARTMENT OF CORRECTIONS, Respondent.

Case summary

Claimant sought reimbursement for a television and radio damaged by an alleged power surge. The court denied the claim because the claimant failed to prove a power surge occurred, that it caused the damage, or that the respondent was negligent.

Claim type: Inmate Property

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. JAMES E. RYAN, Attorney General (DIANN K. MARSALEK, Assistant Attorney General, of counsel), for Respondent.
  2. PRISONERS AND INMATES-no proof that alleged power surge destroyed inmate’s radio and television-claim denied. An inmate’s testimony that a gush of smoke came from his television shortly before the television and his radio became inoperable was insufficient to support his claim for damaged property, since, despite the inmate’s allegation that an electrical power surge caused the damage, he produced no evidence of a power surge or any negligence on the part of the State.

OPINION

EPSTEIN, J.

Claimant Charles E. Knox, an inmate of the Department of Corrections (IDOC) brought this claim seeking reimbursement for damaged property in the amount of $255.99. The case is before us after hearing on the record and our Commissioner’s report.

[*414] 414 50 Ill. Ct. Cl.

At the June 11, 1997, hearing on this claim, the Claimant testified that during his incarceration at Joliet Correctional Center he was the owner of a television and radio that were in working order prior to the alleged incident. Claimant testified that on or about October 30, 1996, he was watching his television when a “gush of smoke” came from the television and both the radio and television became inoperable. He testified that one appliance was plugged into an extension cord and the other directly into the outlet, and asserts that the damage was the result of an electrical power surge at the institution. Claimant produced receipts for the television in the amount of $204.34 and for the radio in the amount of $51.65.

The Respondent produced William Schriever, a Plant Maintenance Engineer II, and the Chief Engineer for the Correctional Center. Mr. Schriever testified that he had reviewed the facts and allegations, and that there was no evidence of a power surge on that date.

Claimant urges us to find that a power surge occurred, and that it was the cause of the injury to his personal property. Claimant then asks us to find that the Respondent was negligent (and presumably that that negligence caused the power surge somehow) and thus liable to Claimant for the cost of the appliances.

Claimant has produced no evidence-by testimony or by documentation-of (1) a power surge, (2) such a surge “causing” injury to the appliances, (3) any negligence by the IDOC, or (4) any causal connection between IDOC acts or omissions and a power surge. In short, this claim is 100% unsubstantiated and baseless, except for the lonely fact that Claimant’s property was damaged somehow. This is not a close case.

For the foregoing reasons, the court finds for the Respondent as to liability and denies this claim in its [*415] entirety. It is therefore ordered that this claim is denied and forever barred.

[*600] CRIME VICTIMS COMPENSATION ACT

Where person is victim of violent crime as defined in the Act; has suffered pecuniary loss; notified and cooperated fully with law enforcement officials immediately after the crime; the injury was not substantially attributable to the victim’s wrongful act or substantial provocation; and the claim was filed in the Court of Claims within one year of the date of injury; compensation is payable under the Act.

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