Electronically Filed
Supreme Court
SCPW-13-0000530
23-MAY-2013
01:06 PM
SCPW-13-0000530
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
MICHAEL C. TIERNEY,
Petitioner,
vs.
TED SAKAI, FRANCIS X. SEQUEIRA, AHN UDOI, JACKIE LINDSAY,
MICHAEL CHUN, ROCHELLE NIETO, NOEL VILLANUEVA, TOMMY LIU,
and SAT MAESAKA, DEPARTMENT OF PUBLIC SAFETY, STATE OF HAWAI#I,
Respondents.
ORIGINAL PROCEEDING
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
Upon consideration of Michael C. Tierney’s petition for
a writ of mandamus, which was filed on April 29, 2013, and the
documents attached thereto and submitted in support thereof, it
appears that petitioner fails to demonstrate that respondents owe
him a duty to reinstate his work furlough status or strike the
misconduct from his record, and petitioner has alternative means
to seek relief. Petitioner, therefore, is not entitled to
mandamus relief. 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.
DATED: Honolulu, Hawai#i, May 23, 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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