{
  "id": 5503228,
  "name": "Olaf Eugene Olson, Jr., Claimant, v. The State of Illinois, Respondent",
  "name_abbreviation": "Olson v. State",
  "decision_date": "1994-01-25",
  "docket_number": "No. 89-CC-0781",
  "first_page": "277",
  "last_page": "280",
  "citations": [
    {
      "type": "official",
      "cite": "46 Ill. Ct. Cl. 277"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "32 Ill. Ct. Cl. 1",
      "category": "reporters:state",
      "reporter": "Ill. Ct. Cl.",
      "case_ids": [
        5325419
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-ct-cl/32/0001-01"
      ]
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  "last_updated": "2023-07-14T21:02:05.793271+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Olaf Eugene Olson, Jr., Claimant, v. The State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "OPINION\nFrederick, J.\nClaimant, Olaf Eugene Olson, Jr., an inmate with the Illinois Department of Corrections, seeks money damages from Respondent, State of Illinois, in the sum of $202.75 for the loss of property confiscated by Respondents agent during a shakedown.\nClaimant testified that on October 20, 1987, while he was incarcerated at Pontiac Correctional Center, the shakedown took place. Items of clothing were removed from Claimants possession by the agents of the Respondent. These items are listed on the exhibit attached to Claimants complaint. Claimant filed a grievance and it was ruled to be without foundation. The grievance was denied because of information given to the grievance committee that all of Claimant\u2019s clothing had been \u201cripped\u201d and that Claimant\u2019s clothing had been destroyed. Upon Claimant\u2019s appeal to the Administrative Review Board, the decision of the Institutional Grievance Committee was affirmed, once again based on the report indicating that the clothing had been tom or altered. At the hearing in this case, Claimant denied that his clothing was ripped or tom when removed from his possession.\nThe Respondent offered no evidence.\nThe clothing items in question were fully described in the \u201cBill of Particulars\u201d set forth in paragraph 9 of Claimant\u2019s complaint for a claimed total value of $202.75. Similar items are listed under different names on the shakedown record dated October 20,1987.\nThe property alleged to have been confiscated from the Claimant and destroyed is listed as follows:\n(a) One (1) full power suit $36.95\n(b) One (1) full power suit $36.95\n(c) One (1) full power suit $36.95\n(d) One (1) bench shirt $36.95\n(e) One (1) dead lift shirt $36.95\n(f) One pair squat briefs $18.00\nClaimant\u2019s Exhibits 1 through 6 were offered and received into evidence as follows:\nClaimant\u2019s Exhibit 1 \u2014 Request for Payment dated 11/5/86 for a total of $45.00 for a dead lift shirt and protein;\nClaimants Exhibit 2 \u2014 Portion of Personal Property Inventory Record dated 7/7/87 showing Claimant\u2019s possession of 5 super suits, 1 super suit bottom and 1 knee wrap;\nClaimant\u2019s Exhibit 3 \u2014 Personal Property Receipt dated 11/20/86 from Frantz Sports Center for 3 cans of protein powder and one dead lift shirt;\nClaimant\u2019s Exhibit 4 \u2014 A Personal Property Receipt dated 7/2/87 from Frantz Sports Center for one squat suit and 2 pair of squat wraps;\nClaimant\u2019s Exhibit 5 \u2014 A Request for Payment dated 6/9/87 to Frantz Sports Center for $42.90 for one squat suit and 2 pairs of squat wraps;\nClaimant\u2019s Exhibit 6 \u2014 A Shakedown Record dated 7/2/87 showing receipt by Respondent\u2019s agents of 4 pairs of super wraps, 1 super suit, and 1 flag football belt.\nThe values described of the lost items by the Claimant were the purchase price. Claimant testified that one of the squat suits was brand new and cost $36.95. Claimant testified that he had not even had a chance to try it on. The other items were used and had an effective useful life of from two to three years. The other items were less than a year old.\nFor reasons known only to the agents of the Respondent, Claimant\u2019s items of clothing were confiscated from his possession and destroyed. Respondent chose not to introduce any evidence at the hearing. Claimant introduced credible evidence of the value of his clothing and of the fact that he lawfully acquired and possessed some articles of like clothing of an apparent value or cost as set forth in the complaint. Upon the proof in the case at bar, the burden of proceeding with evidence that the clothing was, indeed, contraband due to its deteriorated condition, or was rightfully removed from the possession of the Claimant and destroyed, fell upon Respondent. (Doubling v. State (1976), 32 Ill. Ct. Cl. 1.) The Respondent has failed to meet its burden.\nUnder these circumstances, the Claimant is entitled to an award of money damages. The Claimant should be awarded the full purchase price of the new \"squat suit\u201d valued at $36.95 and two-thirds of the value of the remainder of the personal property claimed using a one-third allowance for depreciation, bringing the total award to $147.48.\nFor the foregoing reasons, the Claimant is hereby awarded $147.48 in full satisfaction of his claim.",
        "type": "majority",
        "author": "Frederick, J."
      }
    ],
    "attorneys": [
      "Olaf Olson, Jr., pro se, for Claimant.",
      "Roland W. Burris, Attorney General (Lawrence C. Rippe, Assistant Attorney General, of counsel), for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 89-CC-0781\nOlaf Eugene Olson, Jr., Claimant, v. The State of Illinois, Respondent.\nOpinion filed January 25, 1994.\nOlaf Olson, Jr., pro se, for Claimant.\nRoland W. Burris, Attorney General (Lawrence C. Rippe, Assistant Attorney General, of counsel), for Respondent."
  },
  "file_name": "0277-01",
  "first_page_order": 413,
  "last_page_order": 416
}