{
  "id": 3113484,
  "name": "Kenneth Johnson, Claimant, v. The State of Illinois, Respondent",
  "name_abbreviation": "Johnson v. State",
  "decision_date": "1987-12-18",
  "docket_number": "No. 86-CC-0746",
  "first_page": "186",
  "last_page": "188",
  "citations": [
    {
      "type": "official",
      "cite": "40 Ill. Ct. Cl. 186"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "34 Ill. Ct. Cl. 114",
      "category": "reporters:state",
      "reporter": "Ill. Ct. Cl.",
      "case_ids": [
        2708497
      ],
      "opinion_index": 0,
      "case_paths": [
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      ]
    },
    {
      "cite": "32 Ill. Ct. Cl. 193",
      "category": "reporters:state",
      "reporter": "Ill. Ct. Cl.",
      "case_ids": [
        5329474
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-ct-cl/32/0193-01"
      ]
    },
    {
      "cite": "32 Ill. Ct. Cl. 1",
      "category": "reporters:state",
      "reporter": "Ill. Ct. Cl.",
      "case_ids": [
        5325419
      ],
      "year": 1978,
      "opinion_index": 0,
      "case_paths": [
        "/ill-ct-cl/32/0001-01"
      ]
    }
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  "analysis": {
    "cardinality": 204,
    "char_count": 2410,
    "ocr_confidence": 0.886,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.08845206805493293
    },
    "sha256": "12acac148a65765dbdf3268c802bebb51194a9ce15b2c4ce0c70cab1dbb12d80",
    "simhash": "1:594d6474d749afc8",
    "word_count": 382
  },
  "last_updated": "2023-07-14T20:58:26.190856+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Kenneth Johnson, Claimant, v. The State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Burke, J.\nThis cause coming to be heard upon the report of the Commissioner, after hearing before said Commissioner, and this Court being fully advised in the premises,\nFinds that on March 5, 1985, Claimant, Kenneth Johnson, was to be transferred from Pontiac State Prison to Shawnee Prison, but due to a disturbance caused by Claimant he was sent to Menard. Prior to leaving Pontiac, Claimant\u2019s personal property was inventoried by a correctional officer under the observation of Claimant. Claimant watched the officer seal the boxes. When Claimant arrived at Menard, the personal property was inventoried by another correctional officer. The following property did not arrive at Menard:\na) two pairs of jeans \u2014 purchase date unknown\nb) one pair gym shoes \u2014 purchased in October\nc) twenty-six packs of cigarettes \u2014 purchase date unknown\nd) three combs \u2014 purchase date unknown\ne) five bath towels\nClaimant placed a value of $100.00 on the above property.\nThe State presented no evidence, but relied on the departmental report. The departmental report indicated that on March 9, 1985, Claimant signed an inmate personal property receipt stating, \u201cI have received all of my personal property.\u201d\nThis Court has held that the State has a duty to exercise reasonable care to safeguard and return an inmate\u2019s property when it takes actual physical possession of such property during the course of the transfer of an inmate between penal institutions. Doubling v. State (1976), 32 Ill. Ct. Cl. 1; Arles v. State (1978), 32 Ill. Ct. Cl. 193.\nClaimant\u2019s testimony shifted the burden to Respondent to prove due care. Respondent relied upon Claimant\u2019s admission in the departmental report in which he stated, \u201cI have received all of my personal property.\u201d (Emphasis added.) Claimant\u2019s admission satisfies the State\u2019s burden of proof. (Moore v. State (1980), 34 Ill. Ct. Cl. 114.) Upon receipt of the departmental report, the burden shifted back to Claimant to go forward and overcome or at the very least explain his admission. This he failed to do.\nIt is therefore ordered that this claim is denied and Claimant\u2019s complaint is dismissed with prejudice.",
        "type": "majority",
        "author": "Burke, J."
      }
    ],
    "attorneys": [
      "Kenneth Johnson, pro se, for Claimant.",
      "Neil F. Hartigan, Attorney General (Claire Gibson Taylor, Assistant Attorney General, of counsel), for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 86-CC-0746\nKenneth Johnson, Claimant, v. The State of Illinois, Respondent.\nOpinion filed December 18, 1987.\nKenneth Johnson, pro se, for Claimant.\nNeil F. Hartigan, Attorney General (Claire Gibson Taylor, Assistant Attorney General, of counsel), for Respondent."
  },
  "file_name": "0186-01",
  "first_page_order": 288,
  "last_page_order": 290
}
