(DOWNLOAD) "State Ex Rel Elkins v. Brown" by State of Wisconsin in Court of Appeals District IV ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel Elkins v. Brown
- Author : State of Wisconsin in Court of Appeals District IV
- Release Date : January 23, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
2 Elkins made several requests covering several items. One of those items appears to have been discovery material that was to be provided to Elkins in a pending federal case. The discovery material had been shipped to Elkins institution, but not yet made available to him personally for review. Elkins sought access by making a request under the open records law, WIS. STAT.§ 19.35 (2003-04). The defendants argue that Elkins could have sought relief through the federal court overseeing the discovery, and therefore he had an adequate remedy at law. One of the requirements to obtain a writ of mandamus is lack of an adequate remedy at law. State ex rel. Griffin v. Litscher, 2003 WI App 60, 5, 261 Wis. 2d 694, 659 N.W.2d 455. We agree. Elkins has not given any reason why he could not have sought relief in the federal court. Therefore, we conclude that, regardless of whether the records custodian was obligated to release these records under the open records law, mandamus was properly denied because Elkins had an alternate remedy.