Electronically Filed
Supreme Court
SCPW-12-0000831
13-MAR-2013
10:45 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 February 8, 2013.
Petitioner seeks an order directing several state officials to
provide him outside dental and medical care. Upon consideration
of the petition and the documents attached thereto and submitted
in support thereof, it appears that petitioner fails to
demonstrate a clear and indisputable right to receive outside
medical and dental treatment at the prison’s expenses.
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, March 13, 2013.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
2
Tierney v. Sakai
Combined Opinion