State ex rel. Unger v. StateAnnotate this Case
Bryant Irish was convicted of driving under the influence and causing serious bodily injury. Dillon Fales was the victim of Irish’s crime. Before the court sentenced Irish, Fales sued Stanton County alleging that he was an innocent third party injured by the vehicular pursuit of Irish by Michael Unger, the Stanton County Sheriff. Unger petitioned for a public records writ of mandamus compelling the partial disclosure of Irish’s presentence report containing any statements made by Fales. The district court dismissed Unger’s petition, concluding that Irish’s presentence report was not a public record. The Supreme Court affirmed, holding that the district court did not abuse its discretion in dismissing Unger’s petition for a public records writ of mandamus because Irish’s presentence report is not a public record.