E-FILED

6/12/2023 5:36 PM
CLERK & MASTER
DAVIDSON CO. CHANCERY CT.

IN THE CHANCERY COURT FOR DAVIDSON COUNTY, TENNESSEE

TWENTIETH JUDICIAL DISTRICT, PART III

CLATA RENEE BREWER; JAMES )

HAMMOND; THE TENNESSEE )
FIREARMS ASSOCIATION, INC.; )
MICHAEL P. LEAHY; STAR NEWS )
DIGITAL MEDIA, INC.; THE )
TENNESSEAN; RACHEL WEGNER; )
And TODD GARDENHIRE, in his )
Individual capacity; )
)
Petitioners, ) Case No. 23-0538-III
) CONSOLIDATED
v. )
)
METROPOLITAN GOVERNMENT )
OF NASHVILLE AND DAVIDSON )
COUNTY; )
)
Respondent, )
)
and )
)
PARENTS OF MINOR COVENANT )
STUDENTS JANE DOE AND JOHN )
DOE; THE COVENANT SCHOOL )
And COVENANT PRESBYTERIAN )
CHURCH )
)
Intervenors. )

MOTION FOR LEAVE TO FILE BRIEF AS AMICI CURIAE

AND MEMORANDUM IN SUPPORT

Proposed Amici Curiae Franklin Road Academy, Montgomery Bell Academy, Oak Hill

School, and St. Paul Christian Academy (“Amici”) respectfully seek leave of the Court to file their

Amici Brief, attached as Exhibit A, in support of Respondent and Intervenors.

As a “friend of the court,” an amicus curiae “does not represent the parties but participates

only for the benefit of the Court.” Cobell v. Norton, 246 F. Supp. 2d 59, 62 (D.D.C. 2003) (citations

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omitted). “Accordingly, it is solely within the discretion of the Court to determine the fact, extent,

and manner of participation by the amicus.” Id.; see Ryan v. Commodity Futures Trading Comm'n,

125 F.3d 1062, 1064 (7th Cir. 1997). The Seventh Circuit has advised that an amicus brief should

normally be allowed “when the amicus has unique information or perspective” and that unique

perspective may “help the court beyond the help that the lawyers for the parties are able to

provide.” Ryan, 125 F.3d at 1063. Though amicus briefs are typically found in the appellate setting,

see Tenn. R. App. P. 31,1 trial courts have “inherent authority” to hear from amici when their

perspective would prove helpful to the Court.2 See C & A Carbone, Inc. v. Cnty. of Rockland, NY,

No. 08-CV-6459-ER, 2014 WL 1202699, at *4 (S.D.N.Y. Mar. 24, 2014); Jin v. Ministry of State

Sec., 557 F. Supp. 2d 131, 136 (D.D.C. 2008); Cobell, 246 F. Supp. 2d at 62.

Proposed Amici are schools woven into Nashville’s educational fabric and located in close

proximity to Intervenor The Covenant School. Though no one has been impacted as profoundly as

Intervenors, the safety and security of each Amici likely will be directly and distinctly impacted by

the disclosure of documents sought by Petitioners under the Tennessee Public Records Act

(“TPRA”)—the investigative file of the Metro Nashville Police Department (“MNPD”) related to

the events on March 27, 2023 and, primarily, the assailant’s writings. Proposed Amici seek leave

of the Court to express their perspective on the TPRA’s “school security” exception as educational

institutions that will also be impacted by a disclosure of the assailant’s writings and who look to

1
Proposed Amici have filed this motion on June 12, 2023 to correspond with the filing deadline
for the last Petitioners, who are responding to initial briefing in this matter much like an appellee.
Though the Tennessee Rules of Appellate Procedure are not directly applicable, Proposed Amici
have endeavored to comply with the spirit of Tenn. R. App. P. 31(b).
2
Similarly, courts have inherent power to appoint amicus curiae to aid and assist the court in
reaching a proper resolution of pending questions and issues. See Ferguson v. Paycheck, 672
S.W.2d 746 (Tenn. 1984); Mayhew v. Wilder, 46 S.W.3d 760, 778 (Tenn. Ct. App. 2001). Amici
assist the Court in both circumstances, but appointment of an amicus curiae is a distinct mechanism
from the filing at hand.

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the Courts to apply the exception in other matters. Moreover, Amici also note how each school’s

safety and security will be likely directly affected by premature disclosure of MNPD’s

investigative file.

One Petitioner, The Tennessean, recently reported that the assailant’s writings purportedly

include personal journals as well as “a map of the attack and possible other targets . . .”3 Research

into mass shootings and school shootings over the past decade has shown that media coverage and

disclosures from the lives of prior mass shootings inspires subsequent, copycat assailants. Further,

during the MNPD’s “active, ongoing criminal investigation,” continues to comb through bank,

social media, phone, and internet records “to determine if related crimes were committed, are being

planned, or whether other people were involved.” (Decl. of Lt. Brent Gibson, ¶¶ 7–8, 12 (May 17,

2023)). The Petitioner’s reporting and MNPD’s characterization of the active investigation

establish the broader impact on Nashville educational institutions and the beneficial perspective

offered by Proposed Amici to the Court as members of that community.

For these reasons and for those stated in the attached brief, Amici respectfully requests that

this Court grant this Motion and permit the attached Amici Curiae brief to be submitted for the

Court’s consideration in these proceedings.

3
See Evan Mealins, What we know about Covenant School shooter’s writings as legal battle
brews in Nashville, THE TENNESSEAN (May 23, 2023, 10:27 AM),
https://www.tennessean.com/story/news/local/2023/05/23/what-we-know-about-audrey-hale-
nashville-shooting-writings/70229076007/.

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Dated: June 12, 2023 Respectfully submitted,

s/ Samuel P. Funk
Samuel P. Funk (No. 19777)
James K. Vines (No. 12329)
Grace A. Fox (No. 37367)
Evan S. Rothey (No. 37708)
SIMS|FUNK, PLC
3322 West End Ave., Ste. 200
Nashville, TN 37203
(615) 292-9335
(615) 649-8565 (fax)
sfunk@simsfunk.com
jvines@simsfunk.com
gfox@simsfunk.com
erothey@simsfunk.com

Counsel for Amici Curiae

NOTICE OF HEARING

THIS MOTION WILL BE HEARD ON JUNE 30, 2023 AT 9:00 A.M. FAILURE TO FILE
AND SERVE A TIMELY RESPONSE TO THE MOTION WILL RESULT IN THE
MOTION BEING GRANTED WITHOUT A HEARING.

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 CERTIFICATE OF SERVICE

I certify that a true and accurate copy of the foregoing was sent via email and the Court’s

electronic filing system on June 12, 2023 to:

Douglas R. Pierce Eric G. Osborne

Hunter K. Yoches Wil1iam L. Harbison
KING & BALLOW Christopher S. Sabis
315 Union Street, Suite 1100 C. Dewey Branstetter
Nashville, TN 37201 Ryan T. Holt
dpierce@kingballow.com Micah N. Bradley
Frances W. Perkins
Counsel for Petitioner Clata Renee Brewer Hunter C. Branstetter
William D. Pugh
SHERRARD, ROE, VOIGHT & HARBISON,
Nicholas R. Barry PLC
AMERICA FIRST LEGAL FOUNDATION 150 Third Ave South, Suite 1100
611 Pennsylvania Avenue, Suite 231 Nashville, TN 37201
Washington, D.C. 20003 eosbome@srvhlaw.com
Nicholas.barry@aflegal.org bharbison@srvhlaw.com
csabis@srvhlaw.com
Paul J. Krog dbranstetter@srvhlaw.com
BULSO, PLC rholt@srvhlaw.com
155 Franklin Road, Suite 400 mbradley@srvhlaw.com
Brentwood, TN 37027 fperkins@srvhlaw.com
pkrog@bulso.com hbranstetter@srvhlaw.com
wpugh@srvhlaw.com
Counsel for Petitioners Michael Patrick
Leahy and Star News Digital Media, Inc. Edward M. Yarbrough
Sara D. Naylor
John I. Harris III SPENCER FANE LLP
SCHULMAN, LEROY & BENNETT, PC 511 Union Street, Suite 1000
3310 West End Avenue, Suite 460 Nashville, TN 37219
Nashville, TN 37201 eyarbrough@spencerfane.com
jharris@slblawfirm.com snaylor@spencerfane.com

T. Russell Nobile Hal Hardin

JUDICIAL WATCH, INC. HARDIN LAW OFFICE
P.O. Box 6592 211 Union Street, Suite 200
Gulfport, MS 39503 Nashville, TN 37201
rnobile@judicialwatch.org hal@hardinlawoffice.com

Counsel for Petitioners James Hammond and Counsel for Intervenors Covenant
Tennessee Firearms Association, Inc. School Parents

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Richard L. Hollow Peter F. Klett
HOLLOW & HOLLOW, LLC Autumn L. Gentry
P. O. Box 22578 DICKINSON WRIGHT, PLLC
Knoxville, TN 37933 424 Church Street, Suite 800
rhollow@hollowlaw.com Nashville, TN 37219
pklett@dickinsonwright.com
Counsel for Petitioners The Tennessean, agentry@dickinsonwright.com
Rachel Wegner, and Todd Gardenhire
Nader Baydoun
Stephen Knight
Wallace W. Dietz, Director, Dept. of Law BAYDOUN & KNIGHT, PLLC
Lora Fox 5141 Virginia Way, Suite 210
Cynthia Gross Brentwood, TN 3 7027
Phylinda Ramsey nbaydoun@baydoun.com
METROPOLITAN GOVERNMENT OF sknight@baydoun.com
NASHVILLE
AND DAVIDSON COUNTY Counsel for Intervenor The
Metropolitan Courthouse Covenant School
1 Public Square, Suite 108
Nashville, TN 37210
wally.dietz@nashville.gov Rocklan W. King III
lora.fox@nashville.gov F. Laurens Brock
cynthia.gross@nashville.gov ADAMS & REESE, LLP
phylinda.ramsey@nashville.gov 1600 West End A venue, Suite 1400
Nashville, TN 37203
Counsel for Respondent rocky.king@arlaw.com
larry.brock@arlaw.com

Counsel for Intervenor Covenant

Presbyterian Church

s/ Samuel P. Funk