Tennessee sunshine lawsuits
Here is a list of major FOIA court decisions and their effect on the Tennessee Open Records Act.
(The cases are listed alphabetically. To order them by year please click the icon below the Year heading)
|Cleveland Newspapers, Inc. v. Bradley County Memorial Hospital||1981||This case established that public hospitals do in fact fall within the definition of public bodies found within the Tennessee Open Records Act.|
|Dorrier v. Dark||1976|
|Mayhew v. Wilde||2001|
|Memphis Publishing Co. v. Cherokee Children & Family Services||2002||This case established that private entities could be subject to the state public records law if they performed the "functional equivalent" of a government agency. The functional equivalency test required that a private entity perform a public function and have an acceptable combination of the following criteria so as to deem the private entity the "functional equivalent" of the public body:
|Memphis Publishing Co. v. City of Memphis||1974|
|Memphis Publishing Co. v. Holt||1986|
|State ex rel. Wellford v. Williams||1903|
|Swift v. Campbell||2004|
|Tennessean v. Bureau of TennCare||2005|
|Tennessean v. Electric Power Board of Nashville||1998||1.) Electronic records possessed by a government are, like paper records, subject to the state's public records law.|
2.) Placed a limit on what governments could charge for records request and required a schedule of fees.
|Tennessean v. Tennessee Department of Personnel||2007|
|The Tennessean v. Powers Management/Allen v. Day||2006||The case reiterated that private organizations performing government services under contract can be subject to the Tennessee Open Records Act if they fulfill the functional equivalency test, thereby affirming the decision in Memphis Publishing Co. v. Cherokee Children & Family Services.|