Thompson v. Paulk

Supreme Court of Georgia

Thompson v. Paulk

457 S.E.2d 665, 265 Ga. 479

CourtSupreme Court of Georgia

DecidedMay 15, 1995

DocketS95A0826

StatusPublished

Cited by6 cases

This text of 457 S.E.2d 665 (Thompson v. Paulk) 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.

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Thompson v. Paulk, 457 S.E.2d 665, 265 Ga. 479 (Ga. 1995).

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Opinion

Fletcher, Justice.

Thompson filed a writ of mandamus against Sheriff Paulk to require Paulk to provide him with copies of records of Thompson’s treatment by a mental health professional while Thompson was incarcerated in the Lowndes County Jail. The trial court granted Paulk’s motion for summary judgment and we affirm.

Mandamus is available only when the petitioner has a clear legal right to the relief sought and lacks an adequate legal remedy. Hall v. Madison, 263 Ga. 73, 74 (428 SE2d 345) (1993). Paulk concedes that Thompson has a right to the records under OCGA § 37-3-167 (a). He has not, however, availed himself of the procedures established by Paulk under Ga. Comp. R. & Regs. r. 290-4-6-.05 (3) (b) and (5) (1991) 1 and therefore, he has not met his burden of showing that he *480 lacks an adequate legal remedy. Therefore, the trial court did not err in granting summary judgment to Paulk.

Decided May 15, 1995 — Reconsideration denied June 23, 1995. Charles E. Thompson, pro se. Tillman, McTier, Coleman, Talley, Newbern & Kurrie, Edward F. Preston, Murray J. Weed, for appellee.

Judgment affirmed.

All the Justices concur.

1

Paulk requires that a written notarized authorization for release of the records be di *480 rected to him and that the cost of the copies be paid in advance.

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Fletcher, Justice.

Thompson filed a writ of mandamus against Sheriff Paulk to require Paulk to provide him with copies of records of Thompson’s treatment by a mental health professional while Thompson was incarcerated in the Lowndes County Jail. The trial court granted Paulk’s motion for summary judgment and we affirm.

Mandamus is available only when the petitioner has a clear legal right to the relief sought and lacks an adequate legal remedy. Hall v. Madison, 263 Ga. 73, 74 (428 SE2d 345) (1993). Paulk concedes that Thompson has a right to the records under OCGA § 37-3-167 (a). He has not, however, availed himself of the procedures established by Paulk under Ga. Comp. R. & Regs. r. 290-4-6-.05 (3) (b) and (5) (1991) 1 and therefore, he has not met his burden of showing that he *480 lacks an adequate legal remedy. Therefore, the trial court did not err in granting summary judgment to Paulk.

Decided May 15, 1995 — Reconsideration denied June 23, 1995. Charles E. Thompson, pro se. Tillman, McTier, Coleman, Talley, Newbern & Kurrie, Edward F. Preston, Murray J. Weed, for appellee.

Judgment affirmed.

All the Justices concur.

1

Paulk requires that a written notarized authorization for release of the records be di *480 rected to him and that the cost of the copies be paid in advance.

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457 S.E.2d 665, 265 Ga. 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-paulk-ga-1995.

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