Tierney v. Sakai

Electronically Filed
Supreme Court
SCPW-12-0000831
24-JAN-2013
10:30 AM
SCPW-12-0000831
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MICHAEL C. TIERNEY,
Petitioner,
vs.
TED SAKAI, DIRECTOR OF PUBLIC SAFETY, STATE OF HAWAI#I,
Respondent.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Petitioner Michael C. Tierney submitted a petition for
a writ of mandamus, which was filed on December 27, 2012.
Petitioner seeks an order directing Ted Sakai, the Director of
the Department of Public Safety (“DPS”), State of Hawai#i (“the
State”), to “app[ro]ve dental treatment, teeth cleaning, root
canal, cavity fix, cancer treatment and treatment for concussion
for brain trauma.” Upon consideration of the petition and the
documents attached thereto and submitted in support thereof, it
appears that petitioner is not entitled to mandamus relief.
Petitioner fails to demonstrate that DPS is purposefully ignoring
or failing to respond to his dental or medical needs and the
documents attached to the petition demonstrate that DPS has
provided petitioner medical and dental care within the purview of
the State’s services, has apprised petitioner of the option to
seek outside care for services not covered by the State, and has
offered services for pain relief, if necessary. 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); Estelle v. Gamble, 429 U.S. 97, 104 (1976)
(prison officials are prohibited from “unnecessarily and wantonly
inflicting” pain on an inmate by acting with “deliberate
indifference” toward the inmate’s serious medical needs).
Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of
mandamus is denied.
DATED: Honolulu, Hawai#i, January 24, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
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