Judge Neal McBrayer Archives - Tennessee Coalition for Open Government

2 Aug, 2017

Appellate court upholds ruling: Sumner County Schools violated public records law

By Deborah Fisher|2017-08-03T08:06:28-05:00August 2, 2017|Categories: public records lawsuits Tennessee|Tags: Frank G. Clement Jr., Judge Dee David Gay, Judge John W. McClarty, Judge Neal McBrayer, Ken Jakes, Office of Open Records Counsel, Sumner County School Board, TCOG news|1 Comment

The Court of Appeals has affirmed a Sumner County trial court's ruling that the denial of a public records request because it was sent by email violated the Tennessee Public Records Act. Sumner County Board of Education attorney Jim Fuqua. In March 2014, the Sumner County Board of Education denied Ken Jakes' request to see the board's public records policy, saying he had to make the request in person, or send it via U.S. Postal Service. Jakes sued, the Sumner County trial court found in his favor, and the school board voted to appeal the ruling. The school board's attorney, Jim Fuqua, testified that he was relying on [...]

1 Dec, 2014

Request to appeal Vanderbilt records case aims to settle what police can withhold from public

By Deborah Fisher|2014-12-01T10:00:12-06:00December 1, 2014|Categories: crime records, public records lawsuits Tennessee|Tags: Judge Neal McBrayer, Judge Richard Dinkins, litigation, Maria De Varenne, Robb Harvey, TCOG news, Vanderbilt rape case|0 Comments

The Tennessean, seven other media outlets, the Tennessee Association of Broadcasters and Tennessee Coalition for Open Government have filed a request with the Tennessee Supreme Court to appeal a lower court's ruling concerning what police can withhold from public view. The Court of Appeals in Nashville in a Sept. 30 ruling said that if a local law enforcement agency claims information is relevant to an ongoing criminal investigation, that information can be exempt from the Tennessee Public Records Act. Appellate Judge Neal McBrayer dissented, saying the specific police information requested in The Tennessean's case did not fall under a previously recognized exemption that protects some, but not all, information in a [...]

6 Oct, 2014

Dinkins opinion in public records case expands police secrecy powers
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Dinkins opinion in public records case expands police secrecy powers

crime records, public records lawsuits Tennessee

Dinkins opinion in public records case expands police secrecy powers

By Deborah Fisher|2014-10-07T12:07:44-05:00October 6, 2014|Categories: crime records, public records lawsuits Tennessee|Tags: crime records, Judge Neal McBrayer, Judge Richard Dinkins, police secrecy, The Tennessean|1 Comment

The Court of Appeals in Nashville last week kicked the can farther down the wrong road when it expanded police powers so they could keep just about anything and everything they want secret from citizens. Judge Richard Dinkins of the Court of Appeals, Nashville Specifically, Judge Richard Dinkins said that if your local police or sheriff’s department claims information is relevant to an ongoing investigation, they should be able to keep that information confidential. As police have concluded across the state when refusing to release basic documents about crime, “under investigation” covers almost everything they do. It’s not a harmless power to hand over. News media has been [...]

1 Oct, 2014

The Tennessean: Judges block access to Vandy rape case records

By Deborah Fisher|2021-02-02T12:29:13-06:00October 1, 2014|Categories: crime records|Tags: crime records, Judge Neal McBrayer, Judge Richard Dinkins, The Tennessean|0 Comments

The Court of Appeals at Nashville ruled against the media coalition seeking police records in the Vanderbilt rape case, reversing the trial court that had granted access. Judge Richard Dinkins wrote the opinion, with Frank G. Clement joining (Dinkins opinion here). Judge W. Neal McBrayer dissented (McBrayer opinion here). Here is a link to The Tennessean's story online: Judge blocks access to Vanderbilt rape case records