The Department of Corrections' decision to revoke a man's parole even though a jury acquitted him of felony gun possession "was not inappropriate," a judge has ruled.

As a result, Damien Payne will not get out of prison until he has served more than three years for breaking the rules of extended supervision.

A little-known Department of Corrections rule says it doesn’t matter if ex-offenders on probation or parole are acquitted — they can be sent back to prison based on the same allegations.

Payne initially served nine years for burglary while armed with a dangerous weapon. He had been free for six years when police found his girlfriend's gun in the glove compartment of his car during a traffic stop last year.

Payne argued he did not know the gun was in the car, and that the state Division of Hearings and Appeals actions' in returning him to prison were "arbitrary and capricious."

In ruling against Payne, Milwaukee County Circuit Judge Stephanie Rothstein was not allowed to evaluate whether the decision itself was correct, according to her written decision. Rather, she was limited to evaluating whether there was adequate evidence to support it.