No. 19-699
Albert D. Moustakis v. Wisconsin Department of Justice
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
Latest Conference:
2020-01-17
Question Presented (from Petition)
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.)?
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?
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 Swid — Swid Law Offices, LLC, Petitioner
Steven M. Lucarelli
Henry R. Schultz — Schultz Law Office, Respondent
WI DOJ, et al.
Anthony David Russomanno — Wisconsin Department of Justice, Respondent