Borgman v. Department of Public Safety

Electronically Filed
Supreme Court
SCPW-15-0000873
05-APR-2016
11:53 AM
SCPW-15-0000873
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
NOAH BORGMAN, Petitioner,
vs.
THE DEPARTMENT OF PUBLIC SAFETY, STATE OF HAWAI'I,
and HALAWA CORRECTIONAL FACILITY, Respondents.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
Upon consideration of petitioner Noah Borgman’s
petition for writ of mandamus, filed November 9, 2015, the
supplemental submission, filed December 29, 2015, and
respondents’ answer, filed March 17, 2016, it appears that
petitioner is not entitled to the requested writ of mandamus
inasmuch as petitioner was released on parole on March 3, 2016,
and, petitioner failed to demonstrate that respondents did not
provide him a Kosher diet while he was incarcerated. 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 writ of
mandamus is denied
DATED: Honolulu, Hawai'i, April 5, 2016.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
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