Loss of Personal Property In Jail Claim In Illinois
There are many cases filed by inmates for the loss of personal property based on unexplained disappearance from Claimant's cell.
In the following case Illinois Court has applied the doctrine of res ipsa loquitur to allow an award in such a fact situation: Walker v. State (1986), 38 Ill. Ct. Cl. 286.
In the Walker case, supra, there was direct evidence that at the time of the unexplained disappearance of claimant's property from his cell, there had been a "shakedown" and officers had opened claimant's cell.
The officer, having opened claimant's cell, told claimant that he opened the cell and stated that "he may or may not have locked the door after he stepped out of the cell".
In that case, it was found that the doctrine of res ipsa loquitur would seem to be applicable, and an award was made.