E-FILED 5/5/2023 11:02 AM CLERK & MASTER DAVIDSON CO. CHANCERY CT. IN THE CHANCERY COURT FOR DAVIDSON COUNTY, TENNESSEE ‘TWENTIETH JUDICIAL DISTRICT, AT NASHVILLE CLATA RENEE BREWER ) ) Plaintiff/Petitioner ) ) v. ) Case No. 23-0538-1T ) (Consolidated with METROPOLITAN GOVERNMENT ) Case No. 23-0542-I11) OF NASHVILLE AND DAVIDSON ) COUNTY ) ) Defendant/Respondent ) FIRST SUPPLEMENTAL AND AMENDED COMPLAINT AND PETITION FOR ACCESS TO PUBLIC RECORDS Plaintiff files this Supplemental and Amended Complaint as a matter of right under Tennessee Rule of Civil Procedure 15 as her petition to receive prompt access to inspect and copy certain records created and/or maintained by the Metropolitan Government of Nashville and Davidson County (“Metropolitan Government”), Metropolitan Government has failed and refused to produce these public records promptly, as required by the Tennessee Public Records Act, Tenn. Code Ann. § 10-7-501, et seq. (“the Public Records Act”) 1. Clata Renee Brewer is citizen of Tennessee who, in conjunction with the National Police Association, requested on April 21, 2023, certain records of Metropolitan Government, as shown by Exhibit A hereto. 2. Defendant Metropolitan Government is a governmental entity that is required to comply with the Public Records Act. One of Metropolitan Government's department or divisions is the Police Department (“the Metro Police Department”. 3. The Public Records Act provides: “All state, county and municipal records shall, at all times during business hours, ... be open for personal inspection by any citizen of this state, andthose in charge of the records shall not refuse such right of inspection to any citizen, unless otherwise provided by state law.” Tenn. Code Ann. § 10-7-503(2)(A). 4. Under the Public Records Act, records are defined broadly to include “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.” Tenn. Code Ann, § 10-7- 503(a)(1)(A). The Tennessee Supreme Court has recognized that under this definition, public records include all written matter “created or received by government in its official capacity.” 5. The Public Records Act expressly states that it “shall be broadly construed so as to give the fullest possible access to public records.” Tenn, Code Ann, $10-7-505(d). 6. Metropolitan Government is the creator and/or custodian of the records Plaintiff has requested and those records are public records. 7. Asshown by Exhibit A, the records Plaintiff has requested are public records and they relate to the mass shooting that occurred at the Covenant School in Nashville, Tennessee on March 27, 2023 (“Covenant School incident” or “the incident”). On that date, Aiden Hale, also known as Audrey Hale (“Hale”), unlawfully, entered the Covenant School while heavily armed and began shooting and Killing staff and students of that school 8. Officers of the Metro Police Department quickly responded to this incident. These s entered the school, located Hale, and shot and killed Hale. Since that time, the actions of officer the Metro Police Department officers have been correctly characterized as commendable and heroic, and no one has suggested that these officers engaged in any criminal activity in their response to the incident.9. There is no criminal prosecution conceming the Covenant School incident, and despite extensive media coverage, including interviews of public officials, no one has suggested that there will be any criminal prosecution or proceeding because of the incident. 10. On May 1, 2023, the Metro Police Department denied Plaintiff's request as shown by Exhibit B. This denial offered one, and only one, excuse for refusing to produce the requested records. 11, Defendant's reason for not allowing disclosure of the requested public records is that Rule 16 of the Tennessee Rules of Criminal Procedure prohibits disclosure because this incident is an open case. Further, Defendant has relied upon the Tennessee Supreme Court case of Tennessean v. Metro Government of Nashville, 485 S.W.3d 857 (Tenn. 2016). 12. Because there is no pending or contemplated criminal prosecution, Rule 16 and the above cited Tennessean case are inapplicable. Rather, this case is controlled by the Tennessee ‘Supreme Court’s earlier decision in Memphis Publishing Company v. Holt, 710 8.W.24 513 (Tenn. 1986), in which the Court held that Rule 16 was not applicable because there was no pending or contemplated criminal action because the perpetrators in the unlawful activity had been killed in the police shoot out. 13. Defendant has not identified anyone who might be subjected to any prosecution because of the Covenant School incident or any class of persons who might be subject to criminal prosecution because of the incident, Defendant has not identified any crime or class of crime that might be charged because of this incident. Defendant has not indicated what, if any, agency is investigating or might bring charges for anything because of the incident 14, Since the Covenant School incident, law enforcement officials have made numerous comments to both local and national media concerning some or all of the recordsPlaintiff has requested, and these comments are inconsistent with there being any criminal prosecution related to the incident. 15. Before this lawsuit was filed, the Metro Police Department had denied several other requests for information and documents related to the Covenant School incident, and had likewise denied all of these requests relying upon one, and only one, reason -- Tennessee Rule Of Criminal Procedure 16. See Exhibits C & D (a request by Tonda Johnson, virtually identical to Plaintiff's, request, and the Metro Police Department denial of that request asserting the identical reason given to Plaintiff, respectively). 16. On May 3, 2023, in the week following the filing of this case, the Metro Police Department publicly stated: “Due to pending litigation filed this week, the Metropolitan Police Department has been advised by counsel to hold in abeyance the release of records related to the shooting at The Covenant School pending orders or direction of the court.” Exhibit E. 17. This statement constitutes an admission that its Rule 16 basis for denial is invalid because there would be no reason to assert this excuse to deny access if the Rule 16 excuse was valid. This statement also sets forth a completely invalid reason to deny access under the Public Records Act. This statement presents the ultimate “Catch-22” position that a records requester can. sue to obtain records, but the very act of filing such a suit acts as an exception to the Public Records Act. 18. The filing ofa Public Records Act lawsuit is not an exception to the Public Records Act that would allow a records custodian to deny access to the requested records. 19, Metro Police Department has a demonstrated history of willfully failing to comply with the Public Records Act by creating its own policies and procedures directly contrary to the Public Records Act. Five years ago, the Tennessee Supreme Court refused to consider, and therefore confirmed, the Tennessee Court of Appeals’ conclusion that the Metro Police 4Department had willfully violated the Public Records Act by creating policies contrary to the Public Records Act, Jetmore v. Metro. Gov't of Nashville & Davidson Cty., 2017 Tenn. App. LEXIS 688, at **27-31 (Tenn. Ct. App. Oct. 12, 2017), which resulted in Defendant having to pay more than $127,000 in attomey fees. See Exhibit F. Defendant's reliance upon its Catch-22 argument is indicative of a pattern and practice of willful violations of the Public Records Act. 20. Defendant cannot evade its obligation to follow the Public Records Act by seeking to shift its responsibility to the Court, The Court in this case has issued no order that would permit or allow Defendant to cease compliance with the Public Records Act, Even if the Metro Police Department had relied upon advice of legal counsel to develop and announce its Catch-22 exemption, reliance upon legal advice does not eliminate a finding that the records custodian acted in willful violation of the Public Records Act. Taylor v. Town of Lynnville, 2017 Tenn. App. LEXIS 469, at *8 (Tenn, Ct. App. July 13, 2017). WHEREFORE, Plaintiff prays: 1, That process issue and be served upon Defendant; 2, That the Court schedule a hearing ordering Defendant to immediately appear and. show cause (see Tenn. Code Ann. § 10-7-505(b)) why the relief requested in this Petition should not be granted and that Defendant be enjoined from refusing to promptly produce documents Plaintiff has requested; 3. That the Court set a date at least five (5) business days prior to the date of the hearing which it schedules for Defendant to file any brief it might want to file; 4, That the Court issue an Order in favor of Plaintiff requiring that all outstanding records requested be produced as quickly as possible, or altematively, that some, or redacted versions of the records be produced as quickly as possible;5. That the Court declare that Tennessee Rule of Criminal Procedure 16 is not an exemption to the Public Records Act when there is no pending criminal prosecution related to the records sought in a request under the Public Records Act; 6. That the Court declare that a custodian of public records may not deny a request under the Publie Records Act for the reason that requester has filed suit to obtain the requested records; 7, That the Court determine that the Defendant's refusal to produce these records promptly has been done knowingly, willfully and deliberately, and award Plaintiff all attorneys” fees and costs, pursuant to Tenn, Code Ann, § 10-7-505(g); such amount shall be shown to the Court at the conclusion of this matter, 8. That the costs of this action be taxed against Defendant; 9. That the Court grant further relief to ensure Defendant continues production of the requested records promptly; 10. ‘That the Court grant such further relief as it deems just and equitable. Respectfully Submitted, AiDouglas R. Pierce Douglas R. Pierce, No. 010084 Hunter K. Yoches, No, 036267 KING & BALLOW 315 Union Street, Suite 1100 Nashville, TN 37201 Telephone: (615) 259-3456 dpieree@kingballow.com hyoches@kingballow.comCERTIFICATE OF SERVIC! This is to certify that the foregoing First Supplemental and Amended Complaint and Petition for Access to Public Records was served on the following via email and U.S. Mail this Sth day of May, 2023: Wallace W. Dietz, Director Department of Law Lora Fox Cynthia Gross Phylinda Ramsey Metropolitan Government of Nashville & Davidson County Metropolitan Courthouse 1 Public Square, Suite 108 Nashville, TN. 37210 wally.dietz@nashville.gov lora.fox@nashville.gov cynthia gross@nashville. gov phylinda.ramsey@nashville.gov John I, Harris 111 Schulman, LeRoy & Bennett PC 3310 West End Avenue, Suite 460 Nashville, TN. 37203 jharris@slblawfirm.com (s/Douglas R. Pierce Douglas R. Pierce I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF ORIGINAL INSTRUMENT FILED IN MY OFFICE, Ts 8 oay of ay 20d way SALAS, oy MASTER BY. iu DEPUTYE-FILED 5/5/2023 11:02 AM CLERK & MASTER DAVIDSON CO. CHANCERY CT. EXHIBIT FIN THE CHANCERY COURT FOR DAVIDSON COUNTY, TENNESSEE \” ¢ t ‘TWENTIETH JUDICIAL DISTRICT, AT NASHVILLE, BRADLEY JETMORE, et al Plaintiffs/Petitioners. METROPOLITAN GOVERNMENT OP NASHVILLE AND DAVIDSON COUNTY Defendant/Respondent Noy 16-418-1V . PLAINTIF S NOTICE OF SATISFACTION OF ATTORNEYS' FEES CLAIM AND STRIKING MOTION FOR ATTORNEYS' FEES Plaintiff Bradley Jetmore hereby gives Notice that Defendant Metropolitan Government of Nashville and Davidson County has made payment for attorneys’ fees in the total amount of $127,169.87 in full satisfaction of Jetmore's cla for attorneys’ fees in this case. Accordingly, Jetmore strikes and withdraws his pending Motion for Attomeys' Fees currently set for a hearingon April 16, 2018, Respectfully Submitted, DouglasR. Pierce, No. 010084 Kyle D. Watlington, No. 033647 KING & BALLOW 315 Union Street, Suite 1100 Nashville, TN 37201 ‘Telephone: (615) 259-3456 CERTIFICATE OF SERVICE Thereby certify that on this Z day of March, 2018, a copy of the foreg was served via first class mail and email to the following: ie document J. Brooks Fox Jennifer Bonilla Moreno Metropolitan Courthouse, Suite 108 P.O. Box 196300 Nashville, TN 37219, 6300 . a, Le DAKO Douglas R. PierceE-ILED 5/5/2023 11:02 AM CLERK & MASTER DAVIDSON CO. CHANCERY CT. EXHIBIT EH Explore @ Settings < Tweet Metro Nashville PO © @UNEDHashvite Covenant investigation update: Due to pendinglitigaion filed this week, the Metropolitan NastvillePoice epartment nas been advised by counsel holdin abeyance the release of records elated to the shooting at The Coverant Schaal pending orde's or crection of the court, 10-05 Way 3, 2025 96M views aneoeate ABP Qvetee 39S Ukes 29-ookmers ° a 9 a & Chris ResIChviSays tay 2 etsplsinthieBed ° o Oe em 8 DSMS.ARS.RSTARDID #2A 6 WO2unaieT Way? Looks ike they are suppressing speech agin Of ne om wy 2 DBMS.ARS.RSTARDSD #2AD fDsturaior Mh ButraMeOwga ° a ou mam smelissalimbaugh skertuiomom May 9 So te itigationstoraleaseinformation but now you cannot relenceit Sve topendingiiation? Or ne om ws Search twiter New to Twitter? Sor upron im getyourown pe E Signup witns create accour Relevant people Metro Nashville P ‘eNPORaShvile This pages atm 951 forfe-tmeater 615-852-2600! emergency assists euttiy/3eet08 What's happening Kraken at Stare SugarBounce UNCoGrad ‘The World Health Organies ramjoonE-FILED 5/5/2023 11:02 AM CLERK & MASTER DAVIDSON CO. CHANCERY CT. EXHIBIT DMETROPOLITAN POLICE DEPARTMENT of Nashville and Davidson County wey John Cooper, Mayor Steve Anderson Chiet of Police PUBLIC RECORD REQUEST RESPONSE FORM Governmental Entity Name and Address: MNPD Central Records Division B11 Anderson Lane, Suite 100 Madison, IN 27115 12 APRIL 2023 _ne, THE COVENANT SCHOOL DO! 3/27/2023 THE NATIONAL POLICE ASSOCIATIONS, INC _ Date ‘Requestor’s Name and Contact Infrmation In response to your records request eeeived on our fice is aking the aston indicated below Taha ed The publi reco) responsive to youreqies wl be made ave ripest: CO tection Di pe time: Copies 0 public reeds) responsive to your request are D attains TF Avaitabe for pickup a the folloving locaton: F7 Being detivered vias [J uses FirstClass Meit 1) Bieeronicatly [7 otter: [A] Youre ids nie folowing ound: 2 vowr rei wa suse dei ct Keiietin of ie pci equ sar). Youre 0 ‘rove son infomaion ety eueed mor) 7 No suck eons) exis or this ofce dogs nt mafnin cords responsive lo your request [No proofof Tennesse citizenship was presente with your request. Your request will be recosidered upon presentation of an adequae fon of dentieaion 1 You are not a Tennessee citizen, (2 You tave not paid the estimated eopying/production fees following tte, federal, r other applicable Law probs dslosre ofthe reguete records 114s not practicable forthe records you requested fo be made promply available fr inspection andor copying beans 77 tins not yo been detemnines that recon responsive to your request ens; or TO trcoice i sit inthe process of retrieving, reviewing andlor reacting the requested record, “The time reasonably necessary to produce the record(s) o information andr to ake a determination of «proper response to yourrequestis. you have any addtional questions regarding your resort request, please contact Public Resonds Request Cooninstos Sincerely, Central Records Division 615-862-7631 ENO 869601E-FILED 5/5/2023 11:02 AM CLERK & MASTER DAVIDSON CO. CHANCERY CT. EXHIBIT Cpen Records Request MNPO Form 720 Revised 4/2019, Metropolitan Nashlle Police Department ‘Cental Records Division ‘811 Anderson Lane, Suite 100, Madison, TN 37115, 6 615-862-7651 MNPD Open Records Request Form This form s to be competed for copies of records or files and inspection of {aw Enforcement Personnel Records offered by the Metropolitan Nashile Pole Department Date: 04.06.2023 Tos form complies wth TENNESSEE CODE: Tae au) ones: 10. CHAPTER? PARTS Requestor Information: (eusinesscisen information) “ Business Name:_National Police Association, the. [Susiness Address: 8710 Bash Street #501692 Business Telephone Number: 302-469-1765 “iy Indianapolis State IN Zip 46250 Email_infednationalpolce.org Pring ull Name __Tonda Sue Johnson Fmall Adavess Jersonal Home Address Personal Telephone Number: 393 Point Harbor Drive 630-399-1645 ‘Tondaj12@yahoo.com, ty_Lenoir Git site TN 2p 3772-4039 Signature of Requestor send Results By EXT Posts s10--seu2¥0, osc eta sl bine) ere op ne lcomaine umber: [7 esciground check I) ate necords Tony ot case te =] personne ie I ovsciainary Fe Fiype of Service Requested: Lilnccisent Report Dciden repre cao report arrest report Dwi eter [Tine camerss)-oteftine_—_ 7 offcer/cart Body Worn Camera - Date/Time officers) Daconton eter Lprotos Cora rie rane RH + =PLEASE PROVIDE AS MUCH INFORMATION ROVE AS POSSIGLE TO HELP FULFILL YOUR REQUEST™** See attached Other (Please explain in deta) Teer Isubject of Request (if request is for Inspection of MNPD Personnel Files skip to Section &] (eis (nade) name (Last [aK A. Names (aiden, Other, ete) (Gest) a (Last) ea (ast) bate of Birth social Security Number Race Sex Driver Ucense Number state 2p chy I street Address GFE Te aaron of RESIN ET TT‘aon [Reason for Request: Educational and/or research purposes. Tecan] For MNPD Personnel Record Requests: Henn, Code Ann. § 10-7-803, (2X1) Except as provided in § 10-7-504(g), all law enforcement personnel records shall be open for inspection as provided in subsection (a); however, whenever the personnel records ofa law enforcement afficr are inspected as provided in subsection (a, the custodian shall make a record of such inspection and provide notice, within three (3) days from the date of the inspection, tothe officer whose personnel records have seen inspected: (A) That such inspection has taken place: (B) The mame, address and telephone numberof the person making such inspect |(C) For whom the inspection was made; and m * " JD) Te date of such inspection request to view the following employee personne! file: Tai Rane ah Ta OR Reason for viewing file: if elated to criminal or civil litigation, please give case name or other identifying information, Le., docket ete. ~ ‘Department Use Onive Date Employee Notified: Date Inspected: Method of Notification: lassignment Verified: Undercover comments: Seon? Department Use Only: Request Received By (Print) = = — Request Processed By (Print) = = nw [recs Calculated By (Print) sec nT Daria otal Fees: §_—— No. of Fingerprint Cards arn Faxed: os emalied: = Picked u Placed at counter for pick-up - ed up =Type of Service Requested Section 1) For purposes of this numbered request and for allthat follow the term "the March 27,2023, incident" means “The mass shooting that occurred at The Covenant Schoo, in Nashvile, Tennessee where loca resident and former student of the schoo! Aiden Hale killed three children and theee adult.” Section 2) all writings to include a manifesto of Aiden Hale recovered by the Metropolitan Nashville Police Department relating to "the March 27, 2023 incident" as described in Section 1. Section 3) allrecords depicting or describing the writings of Alden Hale recovered by the Metropolitan Nashville Police Department relating to "the March 27, 2023 incident” as described in Section 1 Section ) all records depicting or describing analysis ofthe writings of Aiden Hale recovered by the ‘Metropolitan Nashville Police Department relating to "the March 27, 2023 incident" as described in Section 1. Section 5) all records of communications between the Metropolitan Nashulle Police Department and the Office of the Director of Community Safety of Nashulle, TN regarding the writings of Aiden Hale recovered by the Metropolitan Nashvile Police Department relating to "the March 27, 2023 incident" as, described in Section 1. Section 6) all records of communications between the Metropolitan Nashulle Police Department and the Office of the Mayor of Nashulle, TN regarding the writings of Aiden Hale recovered by the Metropolitan Nashville Plice Department relating to “the March 27, 2023 incident” as descrited in Section 1 Section 7) all records of communications between the Metropolitan Nashville Police Department and the Federal Bureau of investigation regarding the writings of Aiden Hale recovered by the Metropolitan Nastille Police Department relating to "the March 27, 2023 incident’ as described in Section 1 Section 8) all records of communications between the Metropolitan Nashville Police Department and the White House regarding the writings of Aden Hale recovered by the Metropolitan Nashville Police Department relating to "the March 27, 2023 incident’ as described in Section 1. Section 8) all records, including emails, texts, and other communications to and from the Metropolitan Nashville Police Department mentioning or regarding the writings of Aiden Hale recovered by the Metropolitan Nashville Police Department relating to "the March 27, 2023 incident" as described in Section 1.E-FILED 5/5/2023 11:02 AM CLERK & MASTER DAVIDSON CO. CHANCERY CT. EXHIBIT B> METROPOLITAN POLICE DEPARTMENT ered of Nashville and Davidson County John Cooper, Mayor i John C. Drake Chief of Potice PUBLIC RECORD REQUEST RESPONSE FORM Governmental Entity Name and Address: MNPD Cental Records Division 811 Andersop Lane, Suite 100 Madison, TN 37118 Date - RE: - _ : 05/01/2023 FOIA Covenant Shooting (04-21-2023) | Requestor’s Name and Contact Information: ______ Renee Brewer StillWatch Investigations _ In response to your records request received on 08/01/2023 our office i taking the action(s) indicated belo Pe gees cee ‘The public records responsive o your request will be made availabe for inspection Location: Date & Time [J cones of pubic eons) responsive to yur request we Aace Asal py elon en venesshelavs usiseiedbat sect) one: |s denied rte following grounds | Your request was not sufficiently detalled 1o enable identification ofthe specific requested record(s). You need to provide additonal information o identity the requested records), No such records) exists or this offce does not maintain rru(s) responsive to your request. No prootof Tennesse citizenship was presented with your request. Your request will b reconsidered upon presentation ofan adequate form of identification You are nota Tennesse etizen. ‘You have not paid the estimated copying/procuction fees, Te following state, federal, o olher applicable law prohibits disclosure ofthe requested records: Y] 7 onneioa Raat Gina Poses an Tnnassaanv Wate, Galt Naabvle WE SWART Pom PTB) Ie ashebracticable for the records you requested o be eae promptly available for inspection andlor copying becauseIthas not yt been determined that reeds eesponsive to your request exist oF ‘The oMice i il inthe process of retvieving eviwving, and/or redating the requested cords. The ime reasonably necessary to produce the record(s or information andlor to make a determination ofa proper response to your requests sf you have any additional questions regarding your record request, please contsct Public Records Request Coordinator Sincorely Central Records Division 615-862-7631 304045