Open Records — personally identifiable information

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Wisconsin Court of Appeals

Civil

Open Records — personally identifiable information

Jeffrey D. Leiser, pro se, appeals the order dismissing his petitions for a writ of mandamus seeking Milwaukee Police Department (MPD) records. The trial court’s order dismissing Leiser’s petition found that: (1) the statute of limitations had run on his second of two petitions; (2) the MPD was not a suable entity; and (3) Leiser’s petitions must be dismissed on the merits because Leiser did not have a clear legal right to the relief sought; specifically, the public’s interest in non-disclosure outweighed Leiser’s individual interest in reviewing the records at issue. Leiser argues that the trial court erred in dismissing his case because the dismissal was based in part on a clerical error. Leiser also argues that the trial court misconstrued the parties’ names in dismissing the MPD from the case, as he never intended the MPD to be a defendant in the case. Leiser finally argues that the trial court erred in dismissing his case on the merits, because he has a clear legal right to the records at issue. We affirm the trial court’s dismissal, but on slightly different grounds than the trial court. We conclude that Leiser is not entitled to a writ of mandamus because he does not have a clear legal right to the records he seeks by virtue of the statutory exceptions to access described in Wis. Stat. § 19.35(1)(am)1. & 2. (2009-10);[2] consequently, we need not perform the balancing test discussed by the trial court, and we need not reach the clerical issues Leiser raises or the issue of whether the MPD was a properly-named defendant in this case. Leiser’s petition is denied. Not recommended for publication in the official reports.

2011AP61 State ex rel. Leiser v. Lewis, et al.

Dist I, Milwaukee County, Kahn, J., Curley, P.J.

Attorneys: For Appellant: Leiser, Jeffrey D., pro se; For Respondent: Loebel, Karen A., Milwaukee; Weber, Gregory M., Madison; Swank, Melanie R., Milwaukee