No. 19-699

Albert D. Moustakis v. Wisconsin Department of Justice

Lower Court: Wisconsin
Docketed: 2019-12-03
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law case-law common-law discretion discretionary-power judicial-review mandamus open-records open-records-law public-official public-records strict-scrutiny
Key Terms:
AdministrativeLaw DueProcess Patent Privacy JusticiabilityDoctri
Latest Conference: 2020-01-17
Question Presented (AI Summary)

Whether the common law writ of mandamus may be issued when a public official exercises discretion outside the constraints placed upon the discretionary act through case law?

Question Presented (from Petition)

QUESTION PRESENTED 1.) Whether the common law writ of mandamus may be issued when a public official exercises discretion outside the constraints placed upon the discretionary act through case law? 2.) Whether strict scrutiny is the appropriate standard of review for a legislative act restricting access to the courts for a right of pre-release judicial review of public records recognized under the Wisconsin Open Records laws (Wis. Stat. § 19.31, et. seq.)?

Docket Entries

2020-01-21
Petition DENIED.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-27
Waiver of right of respondent Steven M. Lucarelli to respond filed.
2019-12-16
Waiver of right of respondent WI DOJ, et al. to respond filed.
2019-11-27
Petition for a writ of certiorari filed. (Response due January 2, 2020)

Attorneys

Albert D. Moustakis
Scott Alexander SwidSwid Law Offices, LLC, Petitioner
Scott Alexander SwidSwid Law Offices, LLC, Petitioner
Steven M. Lucarelli
Henry R. SchultzSchultz Law Office, Respondent
Henry R. SchultzSchultz Law Office, Respondent
WI DOJ, et al.
Anthony David RussomannoWisconsin Department of Justice, Respondent
Anthony David RussomannoWisconsin Department of Justice, Respondent