Opinion
OP 22-0481
09-20-2022
SHAWN T. DAMON. Petitioner, v. SARGEANT BRADLEY BRAGG, Respondent.
ORDER
Representing himself, Shawn T. Damon has filed an "Emergency Writ of Mandate" with this Court. Damon is being held in the Lewis and Clark County Detention Center (LCCDC).
Damon states that he received a charge for his medication from LCCDC and that he cannot afford the $516.65 per month for the medication because he lives "on a very restricted income[.]" He explains that the medication is "life saving" because he suffers from Chronic Obstructive Pulmonary Disease (COPD) and without it, he would die. Damon requests that this Court instruct the LCCDC "on the proper care for citizens ...
A writ of mandamus, also known as mandate, is specific and statutorily driven. To state a claim for mandamus, a party must show entitlement to the performance of a clear legal duty by the party against whom the writ is directed and the absence of a plain, speedy, and adequate remedy at law. Section 27-26-102, MCA; Smith v. Missoula Co., 1999 MT 330, ¶ 28. 297 Mont. 368. 992 P.2d 834.
Damon is not entitled to a writ of mandate because he has not shown a clear legal duty. Under Montana law. "'preexisting condition' means an illness or condition that began or injuries that were sustained before a person was in the custody of county officers." Section 7-32-2224(4), MCA. As a general rule, offenders detained in a county jail are responsible for the costs of medical care for a preexisting condition. Section 7-32-2224(2), MCA. Damon is responsible for securing payment for his medication or having some other person bring his prescribed medication to the jail for him. Moreover, Damon's claim now may be moot because he was released on his own recognizance earlier this month as mentioned in his other proceeding. See Damon v. Bragg, No. OP 22-0480, Order (Mont. Sept. 20, 2022).
Damon should refrain from filing pleadings on his own behalf with this Court while he is represented by counsel in the District Court. M. R. App. P. 10(l)(c). Therefore, IT IS ORDERED that Damon's Petition for Writ of Mandate is DENIED.
The Clerk is directed to provide a copy of this Order to: the Honorable Kathy Seeley, First Judicial District Court. Lewis and Clark County; Angie Sparks, Clerk of District Court. Lewis and Clark County, under Cause Nos. DC-2021-555; DC-22-164; and DC-2022-315; Sargeant Bragg, LCCDC; Mary Barty'. Deputy County Attorney; Benjamin Darrow, Defense Counsel counsel of record, and Shawn T. Damon personally.