Byrd v. State

Claimant seeks $100.63 in lost property which he claims was stolen from his prison cell on August 17,1985, through the negligence of the State. The cause was tried before the Commissioner on November 5, 1987. The evidence consists of the transcript of testimony, the departmental report, and Claimant’s Exhibits 1, 2 and 3. Both parties have filed briefs.

On August 17, 1985, Claimant, James Byrd, was a prisoner at Pontiac Correctional Center serving a total sentence of 18 years for robbery. About 8:00 a.m., Claimant left his cell to go to breakfast and then out to the yard. At about 11:00 a.m.,…