Opinion
OP 21-0241
06-08-2021
ARNOLD G. GARAY, IV, Petitioner, v. LEO DUTTON, Sheriff, Lewis & Clark County, Respondent.
ORDER
Representing himself, Arnold G. Garay has filed a Petition for Writ of Habeas Corpus, explaining that he is due financial compensation because of a March 25, 2021 assault. Garay alleges that he "was physically assaulted by a Lewis and Clark County Detention Center Officer." He states that a few PREA violations occurred. Garay claims that he has since been "targeted" and cannot access legal or PREA resources. Garay requests: (1) PREA training and awareness for all personnel working with inmates; (2) establishment oi`a global county PREA hotline: (3) availability to emergency PREA counseling, and (4) compensation of $250 per day since the alleged date of injury.
PREA stands for Prison Rape Elimination Act.
Garay's requests for relief cannot be addressed in the remedy of habeas corpus. Several decades ago, this Court explained that "it is empowered by the constitution of Montana to hear and determine such original and remedial writs as may be necessary or proper to the complete exercise of its jurisdiction." Gates v. Missoula Cty. Comm'rs, 235 Mont. 261. 263. 766 P.2d 884. 885 (1988) (quoting M. R. App. P. 17(a). restated differently now in M. R. App. P. 14(a)). We determined then that habeas corpus was not the correct remedy for constitutional claims, including "adequate food, shelter, clothing, medical care, exercise, individual security, and a law library, all of which [the petitioning inmates stated] violated their constitutional rights under the 8th Amendment's protection against cruel and unusual punishment . . . ." Gates. 235 Mont, at 262, 766 P.2d at 884. We concluded that we did not have subject matter jurisdiction for the claims presented, The register of actions with the Clerk of District Court for Lewis and Clark County reflects that Garay was arrested in January 2021 due to the State's third petition to revoke his suspended sentence. Garay sought several medical furloughs, which the District Court granted three times. Garay had representation from counsel for his underlying criminal proceeding and at his March 11. 2021 sentencing. Garay should have brought his issue concerning the conditions o\` confinement to the attention of his counsel or the District Court during his proceeding.
Garay has not demonstrated that he is incarcerated illegally. Section 46-22-101 (1). MCA. His claims are not redressable here. Accordingly.
IT IS ORDERED that Garay's Petition for Writ of Habeas Corpus is DENIED and DISMISSKD.
The Clerk is directed to provide a copy of this Order to Sheriff Leo Dutton, Lewis and Clark County: to Angie Sparks. Clerk of District Court, Lewis and Clark County, under Cause No. DC 2009-200: to counsel of record; to Katie Jerstad, Lewis and Clark County Attorney's Office: lo Steven Scott, former Defense Counsel, and to Arnold G. Garay IV.