Judge Richard Dinkins Archives - Tennessee Coalition for Open Government

19 Aug, 2019

Court of Appeals reins in state’s expansive use of investigative exemption

By Deborah Fisher|2019-08-19T20:25:15-05:00August 19, 2019|Categories: investigative exemption, public records lawsuits Tennessee|Tags: Court of Appeals, Frank G. Clement Jr., investigative exemption, Janet Kleinfelter, Judge D. Michael Swiney, Judge Richard Dinkins, Phil Williams, TCOG news|1 Comment

The Tennessee Court of Appeals in a ruling on Friday put much-needed limits around the so-called investigative exemption that has been used by the state to cloak otherwise public records. "We hold that public records created in the ordinary course of business, which are non-investigative in nature, and which are otherwise accessible by Tennessee citizens under the TPRA (Tennessee Public Records Act), do not subsequently become exempt from disclosure because of the initiation of a criminal investigation in which those records become relevant," the Court ruled in Scripps Media, Inc. v. Tennessee Department of Mental Health and Substance Abuse Services. Williams requested travel, other ordinary public records from state News [...]

30 Nov, 2017

Court of Appeals gives NewsChannel 5 Phil Williams a win in ongoing libel case by DA

By Deborah Fisher|2017-12-01T07:17:22-06:00November 30, 2017|Categories: Tennessee Coalition for Open Government|Tags: courts, Glenn Funk, Judge Andy Bennett, Judge Richard Dinkins, Judge Willam Acree, Phil Williams, W. Neal McBrayer|0 Comments

The Court of Appeals affirmed today that fair and accurate news reports of judicial proceedings are protected from defamation claims, giving a win to NewsChannel 5 and its chief investigative reporter Phil Williams in an ongoing libel suit by Davidson County's district attorney. The win was also one for the public, who rely on news media to report on what is happening in our courtrooms. NewsChannel 5 chief investigative reporter Phil Williams Davidson County District Attorney Glenn Funk sued NewsChannel 5, owned by Scripps Media, Inc., after reports by Williams were aired in February 2016 that were based on allegations in lawsuits by real estate developer David Chase. [...]

28 Jul, 2017

Appeals Court: Records in Memphis police chief search not public

By Deborah Fisher|2020-02-23T10:10:18-06:00July 28, 2017|Categories: functional equivalent, public records lawsuits Tennessee|Tags: Chancellor Walter Evans, functional equivalent, International Association of Chiefs of Police, Judge Arnold Goldin, Judge Kenny Armstrong, Judge Richard Dinkins, Memphis, Memphis Publishing Co. v. Cherokee, Memphis Publishing Co. v. City of Memphis, Mike Rallings, police chief applications, The Commercial Appeal|0 Comments

The Court of Appeals ruled this week that applications sent to a police association charged with interviewing and identifying finalists for a new Memphis police chief last year do not have to be released under the state's public records law. The International Association of Chiefs of Police was contracted by the city of Memphis for $40,000 to conduct a search for a new director of police, identify and interview semifinalists and "recommend a group (approximately six) of the most highly qualified candidates for further on-site evaluation." Last summer, a reporter with The Commercial Appeal requested to see all applications, noting he was "primarily interested in the finalists," but the city [...]

26 Oct, 2015

Knoxville News Sentinel: State holds back emails on outsourcing project

By Deborah Fisher|2017-03-27T16:21:26-05:00October 26, 2015|Categories: deliberative process privilege|Tags: Bill Haslam, deliberative process privilege, email, Greg Adams, Judge Richard Dinkins, outsourcing|0 Comments

Governor Bill Haslam's office released 72 pages of emails of his chief operating officer in charge of the state's building-management outsourcing project, but held back some, saying they fell under a "deliberative process" exemption to the Tennessee Public Records Act. The Knoxville News Sentinel and The Commercial Appeal requested correspondence dating back to September 2014 of Greg Adams relating to the controversial outsourcing plan. Haslam's office has been considering the plan since November, but news of it did not become public until Aug. 17 when a "request for information" from potential vendors was posted on the state procurement office website. The released correspondence offered new insight into the governor's office response to the [...]

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 [...]

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