Dep’t of Pub. Safety v. Coley

In 2014, Respondent applied to the Division of Parole and Probation for a change in his probation discharge status under a set of regulations adopted pursuant to a statute (referred to as Section 16) that sunsetted in 2008. The Division denied Respondent’s request due to Respondent’s failure to satisfy his parole obligation of community service. Respondent urged the Division to comply with Section 16, but the Division maintained that Section 16 expired in 2008. Respondent filed a petition for writ of mandamus seeking to compel the Division to comply with Section 16 and grant his application, arguing that the Division acted arbitrarily and capriciously and denying his application because the Division granted two other applications after 2008. The district court agreed with Respondent and granted the writ. The Supreme Court reversed, holding that the district court erred in concluding that the Division acted arbitrarily and capriciously, such that mandamus relief was necessary, because Respondent did not show that, post-2008, the Division was granting applications for individuals who, like Respondent, failed to satisfy probation obligations. View "Dep't of Pub. Safety v. Coley" on Justia Law