A Hendersonville resident has filed a lawsuit to force the Nashville Police Department to release the Covenant School shooter's manifesto and other writings, saying that Tennessee law does not allow police to withhold material that is not part of pending or contemplated criminal action.
Memphis and Nashville have both lost public records lawsuits over the past two years in which they were found to willfully violate the public records law in not releasing traffic accident report information or delaying release. Combined, the cities had to pay more than $234,690 in attorney's fees and court costs to Bradley Jetmore, who brought the litigation. (Photo, public domain via Wikimedia) The City of Memphis in March was ordered to pay $107,687 in attorney's fees in a public records case in which it was found to willfully violate the law in redacting public information from traffic accident reports. It was the second case won by Bradley Jetmore involving [...]
Are address and phone numbers in accident reports confidential? A Memphis judge on June 6 said no in Bradley Jetmore v. City of Memphis, affirming that such information is public record and should be accessible to the public. The case originated after the City of Memphis in November 2017 stopped allowing public access to the reports and specifically to the driver information in the report. Doug Pierce with King & Ballow Memphis, like other cities, have for years provided public access to accident reports. But in October 2017, it was sued in federal court (Price v. City of Memphis), alleging that it was violating the federal Driver Privacy Protection [...]
The Tennessee Association of Broadcasters has added its voice to the growing number of entities who have urged the Office of Open Records Counsel to revise its Model Public Records Policy to eliminate the option of a blanket ban on taking photos of public records. Doug Pierce with King & Ballow The Office of Open Records Counsel's model policy includes language that several government entities have adopted into their own policies and practices that would ban someone from taking a photo of a non-exempt public record with their cell phone or camera. The broadcasters association, along with the League of Women Voters of Tennessee, the Tennessee Press Association [...]
Government entities cannot ignore the requirement in the Tennessee Public Records Act to provide access to records promptly and still be in compliance with the law, according to an appellate court ruling last week in Jetmore v. Metropolitan Government of Nashville and Davidson County. Court of Appeals Judge Andy Bennett In the opinion delivered by Judge Andy D. Bennett, the court upheld a trial court's finding against the Metro Nashville Police Department, which had limited the number of traffic accident reports it would provide a requester to three a day. The appellate court also upheld the award of attorney's fees to the requester who brought the lawsuit, saying [...]
