GEORGE CAMPBELL, JR.
TENNESSEE BUREAU OFINVESTIGATION
Assigned on Briefs March 1, 2017
from the Chancery Court for Wayne County No. 2015-CV-5580
Stella L. Hargrove, Judge
appeal involves an inmate/Appellant's petition for the
release of public records under the Tennessee Public Records
Act. Appellant sought the Tennessee Bureau of
Investigation's ("TBI") records concerning a
criminal investigation. Citing the exemption for TBI
investigative records under Tennessee Code Annotated Section
10-7-504(a)(2)(A), the trial court denied Appellant's
motion for summary judgment and dismissed his Tennessee
Public Records Act petition. Discerning no error, we affirm.
R. App. P. 3 Appeal as of Right; Judgment of the Chancery
Court Affirmed and Remanded
Campbell, Jr., Mountain City, Tennessee, appellant, pro se.
Herbert H. Slatery, III, Attorney General and Reporter;
Andrée Blumstein, Solicitor General; and Austin Payne,
Assistant Attorney General, for the appellee, Tennessee
Bureau of Investigation.
Armstrong, J., delivered the opinion of the court, in which
Charles D. Susano, Jr. and W. Neal McBrayer, JJ., joined.
29, 2015, George Campbell, Jr. ("Appellant"), an
inmate, sent a letter to the Tennessee Bureau of
Investigation ("TBI, " or "Appellee") to
request public records under the Tennessee Public Records Act
("TPRA"), Tenn. Code Ann. § 10-7-501, et
Campbell sought all records "concerning the death,
robbery, police investigation[, and] prosecution… [in
the case of] Kevin McConico…." (the
"McConico Records"). On August 20, 2015, the TBI
responded that the requested documents were part of a TBI
investigative file; therefore, the TBI informed Appellant
that the requested documents were exempt from disclosure and
are accessible only by court order or subpoena.
September 16, 2015, Appellant, acting pro se, filed
a petition in the Chancery Court for Wayne County
("trial court"), seeking release of the McConico
Records under the TPRA. To this end, Appellant argued that
the requested TBI records concerned an investigation
"more than (twenty-years) 20 years" old, which
"has long ago come to its conclusion and… there
is no pending litigation concerning this matter."
Appellant also sought costs and attorney's fees under the
TPRA. On October 22, 2015, Appellee filed its response,
seeking dismissal of Appellant's petition for failure to
state a claim on the grounds that TBI investigation records
are exempt from disclosure under Tennessee Code Annotated
November 6, 2015, Appellant filed a motion for summary
judgment. Appellant attached only a memorandum of law to his
motion. On November 20, 2015, Appellee filed its response,
opposing Appellant's motion and noting that
Appellant's motion for summary judgment was deficient in
that it failed to include a statement of undisputed facts. On
April 27, 2016, Appellant filed a statement of undisputed
facts; Appellee filed its response to the statement of
undisputed facts on May 2, 2016. On July 18, 2016, the trial
court entered an order denying Appellant's motion for
summary judgment and dismissing Appellant's petition,
This matter came before the [c]ourt upon [Appellant's]
Motion for Summary Judgment…; [Appellee's]
Response to [Appellant's] Motion for Summary
Judgment…; [Appellant's] Statement of Undisputed
Facts…; and [Appellee's] Response to
[Appellant's] Statement for Undisputed Facts….