Inmate suing warden for losing $60 worth of stuff during transfer

Steve Gonzalez Feb. 23, 2006, 3:20pm

An inmate filed a civil complaint in federal court against a prison warden because his handkerchief and sweat pants were lost while he was being transferred to his new home at a maximum security facility.

Richard Sutton claims Warden Randy Davis is responsible for the lost personal property, which also included a photo album, address book and personal papers. Sutton is seeking damages in excess of $5,000.

According to Sutton's complaint, his handkerchief was worth one dollar, while his address book and 12 photos were valued at $14.50. His sweat pants were worth $15, while his personal papers were worth $25.

Sutton claims that on Aug. 3, 2005, he was being transferred to Marion from the prison in Beaumont, Texas, however when he arrived several items were missing.

After he filed a report for the missing property an investigation took place but Sutton claims he has never received his items and is very upset because he can not replace the photos or addresses.

Sutton claims that his assistant inmate system manager suggested that he a federal tort claim.

"Long before I arrived at Marion, the missing property was approved for inmates to have," Sutton claims.

Seeking a bench trial, Sutton is seeking an order directing the Warden to pay the total sum of the missing property in an amount in excess of $5,000.

The case is assigned to District Judge David Herndon.

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