Clata Renee Brewer et al. v. Metropolitan Government of Nashville and Davidson County et al.

In the spring of 2023, The Metro Nashville Police Department (“Metro”) received several public records requests seeking information about a school shooting that occurred in a Nashville private school on March 27, 2023. Metro denied all such requests. The various requestors filed petitions for access to the records in the Davidson County courts, which were eventually consolidated into one action. The private school at which the shooting occurred, its affiliated church, and parents of surviving children intervened in the action as parties. These intervening parties advocated that the school shooter’s personal writings and other creative works, which Metro collected in the course of its investigation, should remain confidential. The trial court ultimately denied all petitions for access to Metro’s file for numerous reasons. The requestors appeal to this Court. Following our review, we affirm in part and reverse in part. We affirm the trial court’s finding that the intervening parents have standing to raise arguments under the United States Copyright Act. We also affirm the trial court’s finding that neither Article I, section 35 of the Tennessee Constitution, nor Tennessee Code Annotated section 40-38-102, bar disclosure of any public records in this case. On all other issues, we reverse the trial court. The case is remanded to the trial court for further proceedings consistent with this opinion.