State of Tennessee Ex Rel. Victor S. Johnson, III, et al. v. Mark Gwyn, et al.

Case Number
M2013-02640-COA-R3-CV

This appeal arises from a lawsuit seeking access to the Tennessee Bureau of Investigation (“the TBI”) file concerning former Knox County Criminal Court Judge Richard Baumgartner (“Baumgartner”). The plaintiffs, Gary Christian, Deena Christian, Hugh Newsom, and Mary Newsom (“Plaintiffs”), sued TBI Director Mark Gwyn (“Gwyn”) in the Chancery Court for Davidson County (“the Trial Court”), both in their individual capacities and in the name of the State of Tennessee, seeking declaratory and injunctive relief. Specifically, Plaintiffs sought a declaration that Tenn. Code Ann. § 10-7-504(a)(2)(A) is unconstitutional, as well as an order requiring the TBI to turn over its records concerning its investigation of Baumgartner. Gwyn filed a motion to dismiss, asserting lack of subject matter jurisdiction, lack of standing, and failure to state a claim. The Trial Court granted Gwyn’s motion to dismiss. Plaintiffs appeal to this Court, raising a number of issues. In view of the Tennessee Court of Criminal Appeals’ decision in State v. Cobbins, No. E2013-02726-CCA-WR-CO (Tenn. Crim. App. Feb. 4, 2015), Rule 11 appl. perm. appeal denied August 13, 2015, we hold that the doctrine of res judicata serves to bar Plaintiffs’ claims. We affirm the judgment of the Trial Court on the basis of res judicata.

Authoring Judge
Judge D. Michael Swiney
Originating Judge
Chancellor Carol L. McCoy
Case Name
State of Tennessee Ex Rel. Victor S. Johnson, III, et al. v. Mark Gwyn, et al.
Date Filed
Dissent or Concur
No
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