Griffin v. City of Knoxville

821 S.W.2d 921, 19 Media L. Rep. (BNA) 1730, 1991 Tenn. LEXIS 478
CourtTennessee Supreme Court
DecidedDecember 2, 1991
StatusPublished
Cited by33 cases

This text of 821 S.W.2d 921 (Griffin v. City of Knoxville) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Griffin v. City of Knoxville, 821 S.W.2d 921, 19 Media L. Rep. (BNA) 1730, 1991 Tenn. LEXIS 478 (Tenn. 1991).

Opinions

OPINION

ANDERSON, Justice.

We granted the plaintiffs’ application in order to determine whether deceased’s handwritten notes, confiscated at the death scene by a municipal police department in the course of a homicide investigation, are public records available for inspection by the public under Tenn.Code Ann. § 10-7-503 of the Public Records Act. The plaintiff newspaper and television station manager brought this action against the municipality seeking to inspect the deceased’s notes. The municipality resisted, contending the notes are not public records. The deceased’s widow also intervened, seeking to prevent inspection of the notes based on multiple theories of constitutional, copyright, and privacy violations.

The Chancellor found that the notes were public records subject to inspection. On appeal, the Court of Appeals affirmed the Chancellor’s conclusions on the constitu[922]*922tional, privacy and copyright issues, but reversed his ruling that the notes were public records, holding the pivotal issue was the intention of the police department when they took the notes into their custody. We denied the widow’s application for appeal, but granted the application of the plaintiffs.

For the reasons stated below, we reverse the Court of Appeals and hold that the notes were received by the municipal police department in connection with the transaction of official business and, therefore, are public records subject to inspection.

FACTUAL BACKGROUND

On July 17, 1989, the body of State Representative Ted Ray Miller was found in the back bedroom of his home. The police officers summoned to the scene included Detective Tommy Stiles and Criminalistic Specialist John D. White of the Knoxville Police Department. As with any shooting death, Stiles and White began investigating Miller’s death with a presumption that it was homicide. When they arrived at the Miller home at apparently 5:30 p.m. and began their investigation, both officers noticed handwritten notes in plain view on the kitchen sink counter. Stiles did not read the notes initially, but instead proceeded to the rear bedroom where he found the body of Miller and a shotgun. White, on the other hand, examined the handwritten notes, compared them to other handwriting in the home, and concluded that the notes had been written by Miller. Upon consideration of the physical evidence at the scene, both officers concluded that the death was a suicide. This physical evidence included the shotgun, the body position, and the handwritten notes found on the kitchen counter. Stiles testified that he considered, but did not rely, on the notes. The officers’ conclusion that Miller’s death was a suicide was confirmed later that day by the medical examiner.

White, whose job it is to collect evidence, took custody of the shotgun, Miller’s wallet, and the three handwritten notes. White later testified that he took the notes into his custody for safekeeping. When White arrived at the police station, he made a copy of the notes, placed them in a personal file in his desk, and returned the originals to Stiles. When he received the originals, Stiles placed them in his desk drawer.

White prepared a “Crime Scene Action Report,” on which the notes were marked as “other evidence.” White reported that:

Three handwritten notes were found on the kitchen sink. The notes and shotgun were confiscated and the scene photographed. A rough sketch was made of the scene. I went to U.T. Hospital’s morgue where I fingerprinted the victim. I returned to KPD where I copied the notes and then gave the originals to Inv. Stiles. I then pulled the victim’s fingerprint card #54612 from our files and made a positive identification.

On the evening of July 17th, at approximately 8:00 p.m., Stiles received a request from Mrs. Miller for the return of the notes left by her husband. Stiles did not return the originals to Mrs. Miller at that time, but he did make copies for her. He delivered the copies, along with Miller’s wallet, and advised her the originals would be returned to her the next day.

On the following day, July 18, 1989, the plaintiffs, the Knoxville Journal Corp., through its reporter Chuck Griffin, and Donald Bagwell, the news director of WKXT television in Knoxville, asked for access to the notes and investigative file. The requested access was denied. At approximately 3:00 p.m. that afternoon, Stiles delivered the original notes to the attorney for the Miller family. Before doing so, however, he made a copy of the notes, which was given by the police department later that afternoon to the Federal Bureau of Investigation.

After the trial below, the Chancellor made specific findings of fact and conclusions, among which were that:

■While the physical evidence indicates a suicide, the notes further corroborated such fact.... The notes would further substantiate the decision of the KPD to close the investigation as a suicide without suspicion of foul play.

[923]*923After holding the notes were public records subject to public inspection, the Chancellor ordered the notes sealed pending appeal.

The Court of Appeals reversed, holding that the notes were taken from the home by the police for safekeeping, rather than for evidentiary purposes, and therefore were not records within the meaning of the Public Records Act and not subject to public inspection.

ANALYSIS

The principal issue in this case is whether the notes written by Miller shortly before his death became public records within the meaning of the Tennessee Public Records Act when they were taken into custody by the Knoxville Police Department in the course of investigating Miller’s shooting death. The pertinent section of the Act, Tenn.Code Ann. § 10-7-503 (1987 & Supp.1991), opens “[a]ll state, county and municipal records [for public inspection] unless otherwise provided by state statutes.” Section 10-7-504, and the numerous statutes cross-referenced thereunder, create classes of confidential records not subject to inspection. Municipal police department investigative files, however, are not listed in these statutes.

A public record is defined as follows:

“Public record(s)” or “state record(s)” means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency.

TenmCode Ann. § 10-7-301(6) (1987) (emphasis added).

This Court has previously decided that a closed investigative file of a municipal police department is subject to public inspection under Tennessee’s Public Records Act. Memphis Publishing Co. v. Holt, 710 S.W.2d 513 (Tenn.1986). In Holt, this Court held that items contained in the closed investigative file of a police department with respect to an incident in which seven persons were killed in a shoot-out with police officers were public records subject to public inspection.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jose Marcus Perrusquia v. Floyd Bonner, Jr.
Court of Appeals of Tennessee, 2024
Marvin L. Miller v. City of LaFollette
Court of Appeals of Tennessee, 2024
Meghan Conley v. Knox County Sheriff
Court of Appeals of Tennessee, 2022
Bradley Jetmore v. City of Memphis
Court of Appeals of Tennessee, 2019
Herbert S. Moncier v. Nina Harris
Court of Appeals of Tennessee, 2018
Alex Friedmann v. Marshall County, TN
471 S.W.3d 427 (Court of Appeals of Tennessee, 2015)
Stephen Michael West v. Derrick D. Schofield
Court of Appeals of Tennessee, 2014
Patterson v. Convention Center Authority of the Metropolitan Government
421 S.W.3d 597 (Court of Appeals of Tennessee, 2013)
Doe v. Briley
511 F. Supp. 2d 904 (M.D. Tennessee, 2007)
Schneider v. City of Jackson
226 S.W.3d 332 (Tennessee Supreme Court, 2007)
Sheaffer v. State ex rel. University of Wyoming
2006 WY 99 (Wyoming Supreme Court, 2006)
Swift v. Campbell
159 S.W.3d 565 (Court of Appeals of Tennessee, 2004)
State v. Cawood
134 S.W.3d 159 (Tennessee Supreme Court, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
821 S.W.2d 921, 19 Media L. Rep. (BNA) 1730, 1991 Tenn. LEXIS 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-city-of-knoxville-tenn-1991.