public records lawsuits Tennessee

1 May, 2014

Appeals court: TSSAA subject to Public Records Act

By |2020-02-23T10:11:53-06:00May 1, 2014|Categories: functional equivalent, public records lawsuits Tennessee, schools|Tags: , , , , , , , |0 Comments

The Tennessee Secondary School Athletic Association meets the standards of a "functional equivalent" of government and therefore is subject to the Tennessee Public Records Act, an appeals court in Nashville ruled today. The decision means the organization, which was created in 1925 and has an annual budget of $5 million, must abide by the same rules as government agencies when it comes to access to its records. Court of Appeals Judge Frank G. Clement Jr. The case arose in 2012 after TSSAA refused to give The City Paper  records related to an investigation into tuition for athletes at Montgomery Bell Academy, arguing it was not subject to the [...]

30 Apr, 2014

Will Vanderbilt rape case provide answer to nagging public records question?

By |2018-08-06T08:49:03-05:00April 30, 2014|Categories: crime records, investigative exemption, public records lawsuits Tennessee|Tags: , , , |0 Comments

By FRANK GIBSON Public Policy Director for Tennessee Press Association As unbelievable as it might sound, it has taken 27 years to find a case to challenge the way local law enforcement has abused and exploited a state Supreme Court ruling to make it difficult for the press to cover crime in our communities. Reporters and editors will recognize it as the “matter under investigation” excuse for  denying public records.  Contrary to what a sizeable segment of Tennessee’s law enforcement community thinks, it is really not an blanket exemption to our Public Records Act. A case called Appman v. Worthington has been the bane of editors and reporters, particularly police [...]

17 Apr, 2014

Lawsuit challenges Sumner Schools for not allowing records request by email

By |2014-04-17T15:34:29-05:00April 17, 2014|Categories: public records lawsuits Tennessee, requests|Tags: , , , |0 Comments

Reporter Tena Lee with the Hendersonville Star News and The Tennessean reports on a new public records issue in Sumner County -- a challenge to a school board policy that requires a public records request to be made in person or by U.S. postal service. The article is reprinted here with permission: An open records advocate told by the Sumner County Board of Education that he had to submit requests either in person or via U.S. mail rather than by email filed a lawsuit in Sumner County Chancery Court April 9 challenging the board's practice. Ken Jakes, a resident of Joelton, Tenn., emailed the board of education's community relations supervisor, Jeremy [...]

10 Apr, 2014

Read court filings for and against open records in Vanderbilt rape case

By |2014-06-03T07:35:41-05:00April 10, 2014|Categories: crime records, public records lawsuits Tennessee, Tennessee Coalition for Open Government|Tags: , , , |0 Comments

Updated June 3 with additional briefs filed with Court of Appeals. The Tennessean and 10 other media organizations and related groups filed an open records lawsuit against Metro Government of Nashville and Davidson County, challenging its assertion that police records in the Vanderbilt rape case are exempted from the Tennessee Public Records Act. At issue is just how far the Tennessee Rule of Criminal Procedure 16(a)(2) goes in restricting access by the public to police records during an investigation or prosecution. The coalition -- which includes Tennessee Coalition for Open Government -- contends 16(a)(2) is not a blanket exemption, and to make it so violates Tennessee statute and constitutional rights [...]

9 Apr, 2014

Coalition asks appeals court to affirm records ruling in Vanderbilt rape case

By |2014-04-10T06:47:34-05:00April 9, 2014|Categories: crime records, public records lawsuits Tennessee|Tags: , , , , |0 Comments

The Tennessean and a coalition of others have asked the Court of Appeals to affirm a recent trial court's ruling that found no "blanket" exemption to the Tennessee Public Records Act for crime records during a pending criminal case. The open records lawsuit against Metropolitan Government of Nashville and Davidson County started with a public records request by The Tennessean that included text messages received or sent by third party sources in the Vanderbilt rape case. Metro Government denied those records, citing Tennessee Rule of Criminal Procedure 16(a)(2), which bars discovery of certain law enforcement material during an active criminal prosecution. The Tennessean was joined in the petition by 10 other media [...]

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