Recently Decided Cases – Civil

Recipient of Final Expunction Order in McNairy County Circuit Court Case No. 3279 v. David B. Rausch, Director of the Tennessee Bureau of Investigation, et al.

Style: Recipient of Final Expunction Order in McNairy County Circuit Court Case No. 3279 v. David B. Rausch, Director of the Tennessee Bureau of Investigation, et al.

TSC Docket Number: M2021-00438-SC-R11-CV

Date of TSC Opinion:  May 27, 2022.

Opinion of the TSC:   Click here.

TSC Summary of the Opinion:In this interlocutory appeal, we address whether the Tennessee Bureau of Investigation (“the TBI”) may refuse to comply with a final expungement order issued by a trial court. We conclude that the TBI lacks authority to refuse to comply with a final expungement order. Thus, we reverse the trial court’s judgment, grant the Plaintiff’s motion for partial judgment on the pleadings, and remand this matter to the trial court for any further proceedings consistent with this opinion.

Link to Court of Appeals Opinion:  None

Summary by the Court of Appeals:  None.  But, here is the first paragraph of the brief submitted to the appellant:

All Parties agree that the McNairy County Circuit Court granted the Plaintiff a final expungement order in February 2019 that was never appealed. The Defendants admit that they have disobeyed the Plaintiff’s final expungement order. The Defendants also insist that they may refuse to comply with the order because (they assert) it is erroneous.

Permission to Appeal Granted: August 9, 2021

Appellants’ Briefs Filed: September 24, 2021

Appellees’ Briefs Filed: October 25, 2021

Appellants’ Reply Brief Filed: November 8, 2021

Appellees’ Reply Brief Filed:

Amicus Briefs Permitted:  None

Oral Argument Date: January 26, 2022

Link to Oral Argument Video:  Click here.

 

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