Reyes v. The Department of Public Safety, State of Hawaii ( 2015 )

Electronically Filed
Supreme Court
SCPW-15-0000869
08-DEC-2015
10:00 AM
SCPW-15-0000869
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
LAWRENCE REYES, Petitioner,
vs.
THE DEPARTMENT OF PUBLIC SAFETY, STATE OF HAWAI'I, Respondent.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Lawrence Reyes’s
petition for a writ of mandamus, filed on November 6, 2015, it
appears that based on the record presented to this court,
petitioner fails to demonstrate that he has a clear and
indisputable right to work furlough status, that the respondent
has a duty to provide him work furlough status, or that the
respondent is violating its policies and procedures regarding the
grievance process. Petitioner, therefore, is not entitled to the
requested writ of mandamus. See Kema v. Gaddis, 91 Hawai'i 200,
204, 982 P.2d 334, 338 (1999) (a writ of mandamus is an
extraordinary remedy that will not issue unless the petitioner
demonstrates a clear and indisputable right to relief and a lack
of alternative means to redress adequately the alleged wrong or
obtain the requested action); Barnett v. Broderick, 84 Hawai'i
109, 111, 929 P.2d 1359, 1361 (1996) (mandamus relief is
available to compel an official to perform a duty allegedly owed
to an individual only if the individual’s claim is clear and
certain, the official’s duty is ministerial and so plainly
prescribed as to be free from doubt, and no other remedy is
available). Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied.
IT IS HEREBY FURTHER ORDERED that the appellate clerks’
office shall process the petition for a writ of mandamus without
payment of the filing fee.
DATED: Honolulu, Hawai'i, December 8, 2015.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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