Andrew C. Clarke v. City of Memphis
473 S.W.3d 285
Tenn. Ct. App.2015Background
- Clarke, a Memphis attorney, sought public records from the City of Memphis and the Memphis Police Department under the Tennessee Public Records Act.
- The City failed to respond timely to Clarke's February 2013 records request, triggering Clarke's March 7, 2013 petition for access and costs under TPRA § 10-7-505(g).
- City later advised Clarke to pursue records through pending litigation discovery rather than disclosure under TPRA, prompting Clarke to file an amended petition on March 27, 2013.
- A hearing occurred August 15, 2013; Chancellor reserved ruling on sanctions/fees for potential willfulness due to delay in responding.
- February 21, 2014: trial court awarded Clarke $3,500 in attorney fees and costs for the City's delay, which the City appealed and Clarke cross-appealed on fee amounts and fees on appeal.
- This Court affirmed entitlement to fees but reduced the award to $2,340 and denied fees on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the fee award was an abuse of discretion | Clarke argues the City willfully refused disclosure and the trial court properly awarded fees. | City contends the amount and basis for fee award were improper or excessive. | The trial court's discretion to award fees was not abused. |
| Whether the fee amount should be reduced to $2,340 | Clarke seeks full $11,685; City offered no contest to reasonableness, so full amount should stand. | Only $2,340 (fees for Greer) are permitted as recoverable costs; the rest are not recoverable as TPRA fees. | The award is modified from $3,500 to $2,340; Clarke is not entitled to the remaining asserted fees. |
| Whether Clarke is entitled to attorneys' fees for work on appeal | Clarke seeks fees for appellate work as prevailing party on appeal. | Pro se Clarke cannot recover appellate fees; no fee-shifting basis shown for the appeal. | Clarke is not entitled to appellate attorneys' fees. |
Key Cases Cited
- Memphis Publ’g Co. v. City of Memphis, 871 S.W.2d 681 (Tenn. 1994) (TPRA fees assessment limited to costs in obtaining the record)
- Abernathy v. Whitley, 838 S.W.2d 211 (Tenn. Ct. App. 1992) (illustrates fee-award principles under TPRA)
- Konvalinka v. Chattanooga-Hamilton Cnty. Hosp. Auth., 249 S.W.3d 346 (Tenn. 2008) (discusses willfulness and access to records in litigation contexts)
- Schneider v. City of Jackson, 226 S.W.3d 332 (Tenn. 2007) (limits and evaluates government’s legal positions denying records)
- Lee Med., Inc. v. Beecher, 312 S.W.3d 515 (Tenn. 2010) (statutory interpretation guides willfulness and costs)
- Waldschmidt v. Reassure Am. Life Ins. Co., 271 S.W.3d 173 (Tenn. 2008) (statutory construction reasoning and cost/fee interpretation)