GOMEZ-CRUZ v. Brown

Supreme Court of Georgia

GOMEZ-CRUZ v. Brown

715 S.E.2d 95, 289 Ga. 711, 2011 Fulton County D. Rep. 2887, 2011 Ga. LEXIS 680

CourtSupreme Court of Georgia

DecidedSeptember 12, 2011

DocketS11A1043

StatusPublished

This text of 715 S.E.2d 95 (GOMEZ-CRUZ v. Brown) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

GOMEZ-CRUZ v. Brown, 715 S.E.2d 95, 289 Ga. 711, 2011 Fulton County D. Rep. 2887, 2011 Ga. LEXIS 680 (Ga. 2011).

Pincite

Opinion

THOMPSON, Justice.

Appellant was one of several individuals who filed a petition for a writ of mandamus against the Sheriff of DeKalb County. They alleged, inter alia, that they were being held in custody beyond the time permitted by statute or despite the posting of a bond because, in view of their immigration status, federal agents placed a detention hold upon them. The trial court dismissed the petition, finding that mandamus was not an appropriate remedy. This appeal followed.

Because appellant had been released on bond and was not in the sheriffs custody when the mandamus petition was filed, the trial court properly dismissed the petition. Coastal Service v. Jackson, 223 Ga. 238, 239 (154 SE2d 365) (1967) (mandamus will not compel “the undoing of acts already done or the correction of wrongs already perpetrated”) (punctuation omitted).

Judgment affirmed.

All the Justices concur.

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