No. 13815 

IN THE SUPREME COURT OF THE STATE OF E'IONTANA 

1968 

GARY L. QUIGG and 

MICHAEL B. REINHARDT, et al., 

Petitioners, 

ROGER W. CRIST, Warden of the Montana 

State Prison, James Blodgett, Deputy 

Warden, GARY WEER, Associate Warden, et al., 

Responents. 

ORIGINAL PROCEEDING: 

Counsel of Record: 

For Appellants: 

Byron W. Boggs, Drummond, Montana 

For Respondents: 

Hon. Mike Greely, Attorney General, Helena, Montana 

James Masar, County Attorney, Deer Lodge, Montana 

Submitted on briefs 

Submitted: January 5, 1978 

Decided : 

Clerk 
Mr. Justice John C. Harrison delivered the Opinion of the Court: 

Petitioners Gary L. Quigg and Michael B. Reinhardt filed a 

lt~~~~~~~FOR WRIT OF HABEAS CORPUS OR OTHER APPROPRIATE WRIT 

OR RELIEF: INJUNCTIVE RELIEF: AND A DECLARATORY JUDGMENT" before 

this Court May 11, 1977. By order dated the same day, this 

Court directed that the cause be forwarded to the District Court, 

Powell County, for an evidentiary hearing, and upon completion, 

to forward a copy of the disposition to this Court. 

The District Court held a hearing June 30, 1977, and 

entered its findings and conclusions September 13, 1977. 

This Court notified the parties by order dated November 4, 

1977, to submit briefs with regard to the findings and conclusions. Counsel for petitioners and respondent have each filed 

a memorandum in accord with such order. 

We first note that even under the broad relief requested, 

this petition does not come within any of the standards for 

extraordinary relief. Petitioners have failed to submit a transcript of the proceedings in the District Court for this Court 

to determine whether the findings and conclusions of the District 

Court are correct. 

The facts alleged for habeas corpus relief as taken from 

the briefs of the two petitioners are: 

1.QUIGG. Petitioner Quigg apparently got into trouble when 

he was ordered to move from the old prison facility to the new 

prison. He refused to move because his friends were in the old 

prison. Quigg was transported and when he refused to move into 

his assigned quarters he was taken to maximum security until he 

agreed to move in. He was in maximum security from March 21 to 
March 30, 1977, at which time he agreed to move in. At that 

time a hearing was held with regard to his violation of prison 

rules, he was found guilty, and the time he served was considered 

the punishment. 

Quigg alleges he was deprived of his right to a hearing 

under the prison rules, and also he was deprived of medical 

attention and certain personal supplies during his confinement 

in maximum security. Quigg alleges he was nervous and tense and 

unable to eat at that time. 

Respondent states that prison personnel denied these contentions and gave him a hearing as soon as he agreed to comply 

with prison rules and move in. The District Court found that any 

deprivation "was caused by Quigg's own actions and was at most 

a temporary situation." 

Quigg complains that he was not allowed to call witnesses 

on his behalf at the hearing or to consult with a "lay advisor" 

and that the delay in the hearing violates prison regulations. 

He asks this Court to amend the District Court's findings to say 

that Quigg's confinement was unlawful as a violation of due 

process and cruel and unusual punishment. 

Apparently, prison officicals did lose Quigg's personal 

property in the move and the District Court ordered that he be 

reimbursed $100. Neither Quigg nor the prison officials dispute 

this part of the order. 

2. REINHARDT. Reinhardt was placed in maximum security for 

having his pir too long and not braided according to prison regulations. 

The District Court found that he was warned beforehand, properly 

charged, found guilty of this violation, and his complaint had no 

merit. 
The gist of petitioners' complaint seems to be directed 

to the violations of prison regulations and the fact they were 

placed in maximum security due to violations of those regulations. 

They served their time before the hearing in the matter. Quigg 

has been paroled to attend the University of Montana. 

We find the petitions moot and deny them. 

We Concur: