Court of Appeals Archives - Page 2 of 2 - Tennessee Coalition for Open Government

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 [...]

11 Feb, 2016

Sumner Schools files emergency motion with Appeals Court over public records policy

By Deborah Fisher|2019-09-11T18:56:17-05:00February 11, 2016|Categories: public records lawsuits Tennessee|Tags: Court of Appeals, Judge Dee David Gay, Ken Jakes, Sumner County Schools, Todd Presnell|0 Comments

The Sumner County Board of Education, whose legal bills have now mounted to more than $113,000, has made an emergency motion to the Court of Appeals to stay a judge's order to update their public records policy to come into compliance with the law. Read: Emergency Motion for Review of Stay Order They argue that receiving a citizen's request through the telephone would require system upgrades costing more than $45,660 and receiving requests through email would cost $22,500 annually, in addition to time training staff on how to use the equipment to receive public records requests by these methods. In November, Sumner County Judge Dee David Gay found that the school [...]

26 Jun, 2015

Appeals Court reverses denial of attorney fees in public records case

By Deborah Fisher|2018-11-16T15:08:36-06:00June 26, 2015|Categories: public records lawsuits Tennessee, requests|Tags: Alex Friedmann, attorneys' fees, Chancellor J.B. Cox, Court of Appeals, Judge Arnold Goldin, Marshall County, Marshall County Sheriff Norman Dalton|0 Comments

The Court of Appeals in Nashville reversed a trial court ruling, and ordered attorney's fees be awarded to Alex Friedmann, managing editor of Prison Legal News, who sued the Marshall County Sheriff's Office after it refused to let him get copies of written jail policies and contracts unless he appeared in person. (Read the ruling: Alex Friedmann, et al. v. Marshall County, TN, et al.) Friedmann wrote a letter to the sheriff's department requesting copies under the Tennessee Public Records Act of certain jail policies and contracts. The sheriff's department told Friedmann that he would have to make his request in person. "This email does not deny Mr. Friedman[n] the records, [...]

7 May, 2014

Behind the TSSAA ruling: Preserving public oversight over government functions
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Behind the TSSAA ruling: Preserving public oversight over government functions

functional equivalent, public records lawsuits Tennessee

Behind the TSSAA ruling: Preserving public oversight over government functions

By Deborah Fisher|2020-02-23T10:11:33-06:00May 7, 2014|Categories: functional equivalent, public records lawsuits Tennessee|Tags: Claudia Bonnyman, Court of Appeals, Frank G. Clement Jr., functional equivalent, John Williams, litigation, non-government agencies, Southcomm, Steve Cavendish, The Commercial Appeal, TSSAA|1 Comment

An Appeals Court finds that regulating high school sports is a government function, so the regulator should be subject to open records law. Should the agency that regulates high school athletic competitions in Tennessee – making rules, conducting investigations, deciding eligibility and collecting millions of dollars in gate receipts – be subject to the same public scrutiny as public high schools and school boards? The Court of Appeals in Nashville said yes in a significant April 30 decision that opens up records of an organization that touches nearly every community in the state. The City Paper in Nashville two years ago sought records from the Tennessee Secondary School Athletic Association’s [...]

1 May, 2014

Appeals court: TSSAA subject to Public Records Act

By Deborah Fisher|2020-02-23T10:11:53-06:00May 1, 2014|Categories: functional equivalent, public records lawsuits Tennessee, schools|Tags: Claudia Bonnyman, Court of Appeals, Frank G. Clement Jr., functional equivalent, litigation, schools, Southcomm, TSSAA|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 [...]

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