public records lawsuits Tennessee Archives - Page 12 of 20 - Tennessee Coalition for Open Government

26 Aug, 2016

Judge says Nashville violated law by not providing public records promptly

By Deborah Fisher|2016-10-04T07:45:21-05:00August 26, 2016|Categories: public records lawsuits Tennessee, requests|Tags: Doug Pierce, Judge Robert E. Lee Davies, Metro Nashville, promptly, public records lawsuit, public records request|0 Comments

In what may be the first legal challenge to government delays on public records requests in Tennessee under a 2008 law, a judge has ruled that Metro Nashville violated the “prompt” provision in the statute by holding up traffic accident reports. Senior Judge Robert E. Lee Davies ordered the city to provide access to the reports within 72 hours of their creation. He also found that Metro Nashville Police Department’s request form did not comply with the Public Records Act because it stated that the city had “seven business days to process” a records request, which is contrary to law. Many requesters, including journalists across the state, often complain that [...]

28 Mar, 2016

News-Sentinel Editor Jack McElroy on police records and the Supreme Court decision

By Deborah Fisher|2018-08-06T08:47:25-05:00March 28, 2016|Categories: crime records, investigative exemption, public records lawsuits Tennessee|Tags: crime records, Jack McElroy, Tennessee Supreme Court|0 Comments

From Jack McElroy, editor of the Knoxville News Sentinel, in a column published Sunday: Jack McElroy Boy, did Gary Wade touch a nerve. The former Supreme Court justice dissented in the media's lawsuit to see police records in the Vanderbilt rape case, and that really hacked off his fellow justices. First, some background. The Tennessee Public Records Act declares that all records are open to the public, "unless otherwise provided by state law." The Legislature has passed scores of exemptions. But "state law" also includes the constitution, court rulings, common law, and regulations based on law. In the Vanderbilt case, the News Sentinel joined a coalition seeking information [...]

17 Mar, 2016

Tennessee Supreme Court says police records in active cases may be withheld from the public

By Deborah Fisher|2018-08-06T08:47:57-05:00March 17, 2016|Categories: crime records, investigative exemption, public records lawsuits Tennessee|Tags: crime records, Justice Gary Wade, Justice Holly Kirby, Justice Sharon Lee, Tennessee Supreme Court, The Tennessean|0 Comments

The Tennessee Supreme Court ruled today that any record that is part of an active police department’s criminal investigation may be withheld under the state's public records laws. Justice Sharon Lee The opinion written by Chief Justice Sharon G. Lee gave only brief nod to the media’s role in reporting about crime and law enforcement. Instead, she said the Tennessee Rules of Criminal Procedure, which are written by the Tennessee Supreme Court, govern access to police files until a criminal case is over and all appeals are exhausted. “The media plays an important and necessary role in holding government officials accountable. Yet, the General Assembly has rightly recognized that [...]

2 Mar, 2016

The Tennessean: School board to accept voicemail for records inspection

By Deborah Fisher|2016-03-02T18:28:12-06:00March 2, 2016|Categories: public records lawsuits Tennessee, requests|Tags: Jim Fuqua, Judge Dee David Gay, Ken Jakes, public records request, Sumner County School Board|0 Comments

The Sumner County School Board met last night to adopt a new policy on public records requests after a judge last year said their policy violated state law. They had refused to fulfill a request two years ago because a citizen made the request by sending an email and following up with a phone call, instead of using the U.S. Postal Service or appearing in person. Read reporter Tena Lee's coverage from the Gallatin News Examiner: School board to accept voicemail for records inspection. Also, The Standard of Hendersonville's story by Sherry Mitchell, who also got quotes from the attorney representing Ken Jakes: School board gets court-ordered policy change just [...]

24 Feb, 2016

Appeals Court denies Sumner Schools request; deadline to fix public records policy is March 1

By Deborah Fisher|2016-02-24T18:28:06-06:00February 24, 2016|Categories: public records lawsuits Tennessee, requests|Tags: Beth Cox, Court of Appeals, Judge Dee David Gay, Ken Jakes, Kirk Clements, Sumner County Schools, The Tennessean|0 Comments

The Court of Appeals in Nashville today denied a request by Sumner County Schools to delay enforcement of a judge's order to bring their public records policy into compliance with the law. Todd Presnell, with Bradley Arrant Boult Cummings, representing the Sumner County School Board That means that the school district must update its policy, which Sumner County Judge Dee David Gay found to be in violation of the Tennessee Public Records Act, by March 1 or risk being held in contempt of court. The Sumner School District has spent more than $113,000 fighting a lawsuit after it refused to let a citizen see a copy of its [...]