Opinion
OP 22-0371
07-26-2022
SHAWN T. DAMON, Petitioner, v. CAPTAIN BRADLEY BRAGG, Lewis & Clark County Detention Center, Respondent.
ORDER
Shawn T. Damon has filed a Petition for Writ of Habeas Corpus, requesting that he be given mental health treatment. He states that he "was arrested on June 19, 2022, in Lewis and Clark County." He states that prior to his arrest, he "had experienced multiple mental health issues including but not limited to[:] hearing voices; seeing things; extreme anger issues, and severe suicidal thoughts." Damon further states that he informed his counsel and the jail personnel. He states that he cannot afford to pay for his medication while detained. Damon asserts that his incarceration is illegal because "under Montana law [he] should receive mental health care ...."
Damon's remedy is not with this Court and it is not by means of a habeas corpus petition. Habeas corpus affords an applicant an opportunity to challenge collaterally the legality of his present incarceration. Section 46-22-101(1), MCA; Lott v. State, 2006 MT 279, ¶ 14, 334 Mont. 270, 150 P.3d. 337. We secured copies of the register of actions in the Lewis and Clark County District Court. Damon is being held on three pending criminal cases. Damon has appointed counsel to represent him in District Court. 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(1)(c).
The cause of Damon's incarceration is due to his three pending criminal cases. Whether or not Damon is entitled to mental health treatment while incarcerated, he has not demonstrated that he is illegally incarcerated. Section 46-22-101(1), MCA. Accordingly, IT IS ORDERED that Damon's Petition for Writ of Habeas Corpus 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; Captain Bragg, Jail Commander: Mary Barry, Deputy County Attorney; Benjamin Darrow, Defense Counsel; counsel of record, and Shawn T. Damon personally.