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TN Chancery Court Must Award Reasonable, Rather Than All, Costs and Fees to Winner in Public Records
TN Chancery Court Must Award Reasonable, Rather Than All, Costs and Fees to
Winner in Public Records Act Cases
The Pollow family settled a civil rights action against police in Memphis,
Tennessee after officers killed Adam Pollow while "restraining" him. The
Settlement Agreement (Agreement) netted the Pollows $475,000. Contemporary
Media, Inc. (CMI) requested from the city a copy of the agreement under the
state Public Records Act (Act). Because of confusion over a clause binding
the Pollows from disclosing facts about the agreement, the city didn't know
whether it too was so bound, and CMI's request was denied. CMI successfully
sued for disclosure under the Act in state Chancery Court and moved for
$27,939.08 in costs and fees. The Chancellor awarded only $12,033.25, and
CMI appealed.
On appeal, the Court of Appeals of Tennessee found that the Act required
the Chancellor to award reasonable costs and fees to the prevailing party
in cases arising thereunder. Since the city denied CMI's records request
because of valid confusion as to the Agreement's disclosability, it didn't
act in bad faith. The Court therefore affirmed the Chancellor's award of
only partial costs and fees. See: Contemporary Media Inc. v. City of
Memphis, Tenn. Court of Appeals, Case No. 02A01-9807-CH00211 (1999)
(unreported, see 1999 WL 292264).
Winner in Public Records Act Cases
The Pollow family settled a civil rights action against police in Memphis,
Tennessee after officers killed Adam Pollow while "restraining" him. The
Settlement Agreement (Agreement) netted the Pollows $475,000. Contemporary
Media, Inc. (CMI) requested from the city a copy of the agreement under the
state Public Records Act (Act). Because of confusion over a clause binding
the Pollows from disclosing facts about the agreement, the city didn't know
whether it too was so bound, and CMI's request was denied. CMI successfully
sued for disclosure under the Act in state Chancery Court and moved for
$27,939.08 in costs and fees. The Chancellor awarded only $12,033.25, and
CMI appealed.
On appeal, the Court of Appeals of Tennessee found that the Act required
the Chancellor to award reasonable costs and fees to the prevailing party
in cases arising thereunder. Since the city denied CMI's records request
because of valid confusion as to the Agreement's disclosability, it didn't
act in bad faith. The Court therefore affirmed the Chancellor's award of
only partial costs and fees. See: Contemporary Media Inc. v. City of
Memphis, Tenn. Court of Appeals, Case No. 02A01-9807-CH00211 (1999)
(unreported, see 1999 WL 292264).
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Related legal case
Contemporary Media Inc. v. City of Memphis
| Year | 1999 |
|---|---|
| Cite | Tenn. Court of Appeals, Case No. 02A01-9807-CH0021 |
| Level | State Court of Appeals |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |