The city of Memphis is being sued for violations of Tennessee’s Public Records Act (TPRA.)
Tyler Foster, a student at the University of Memphis Cecil C. Humphreys School of Law, filed a lawsuit in Shelby County Chancery Court claiming the city restricted access to police disciplinary documents.
Foster said the city imposed inflated fees, inconsistent policies, and a “sustained pattern of noncompliance.” The lawsuit requests that the city give access to the requested documents, and a “judicial review” as to why they were denied.
“Despite these repeated inquiries, Mr. Foster has not been provided with a clear or consistent explanation of how fees are calculated, why charges differ depending on the method of delivery, or what policies govern the release of records in electronic format,” the lawsuit said. “He has also not received any written estimates despite repeated requests.”
In addition to inconsistency, the lawsuit claims the city refused to give Foster documents “legally mandated to the public.”
TPRA says all state, county, and municipal records are open to the public. The city’s public records policy says their documents are “open for inspection unless otherwise provided by law.”
The city’s policy also promises “timely and efficient” access and assistance to those requesting records.
“No provisions of this policy shall be used to hinder access to open public records,” the policy said. “However, the integrity and organization of public records, as well as the efficient and safe operation of City of Memphis, shall be protected as provided by current law.”
Foster alleges that since June 2024 he has submitted requests through the city’s online Public Records Center. While he received those requests, he said that in December he requested five records pertaining to police disciplinary records, which were not produced.
According to the information attached to the lawsuit, each of the requests were updated as “fulfilled and closed” with no records received.
On July 2nd, Foster contacted the Memphis Police Department’s (MPD) Central Records Division to which a representative told him it would be “cheaper” to receive the documents in person. The lawsuit stated the following regarding the pricing inquiry
“When Mr. Foster asked why electronic delivery would cost more — despite being more efficient and typically cost-free under the Tennessee Comptroller’s Office of Open Records Counsel’s (OORC) Schedule of Reasonable Charges — Ms. (Jayda) Baptist stated that she did not know. She also declined to provide any specific pricing information for electronic delivery, including the total cost of Mr. Foster’s requested records or an explanation of how such costs are calculated.”
The lawsuit continues to detail Foster’s attempts to obtain records and clarity on the city’s public records policy.
“Memphis has an extensive history of police abuse and misconduct,” Foster said. “Ensuring that the public has access to police officer disciplinary records is an important step in holding rogue officers accountable and changing the culture of the Memphis Police Department.”
Foster joins a number of national and statewide advocates that have officially requested MPD to be transparent and accountable regarding documented practices.
In May, Stand for Children Tennessee (Stand TN) joined the American Civil Liberties Union (ACLU) and other agencies across the nation to launch the Seven States Safety Campaign. Stand TN led the charge in Memphis, as the ACLU has submitted a public records request to MPD regarding “misconduct and civil rights violations.”
These requests come in the aftermath of the U.S. Department of Justice (DOJ) closing its investigation into MPD after finding that the agency uses excessive force; conducts unlawful stops, searches, and arrests; unlawfully discriminates against Black people when enforcing the law; and unlawfully discriminates in their response to people with behavioral disabilities.
