IN THE CHANCERY COURT OF DAVIDSON COUNTY, TENNNESSEE

ALEX FRIEDMANN, Individually
And As An Associate Editor of
PRISON LEGAL NEWS,
Petitioner,

v.

No.

CORRECTIONS CORPORATION OF
AMERICA,
Respondent.

PETITION FOR ACCESS TO PUBLIC RECORDS AND
TO OBTAIN JUDICIAL REVIEW OF DENIAL OF ACCESS

TO THE HONORABLE CHANCELLORS OF THE CHANCERY COURT FOR THE
THIRTIETH JUDICIAL DISTRICT:
Pursuant to the Tennessee Public Records Act, T.C.A. §§ 10-7-501, et seq. to 107-505, ("Act"), petitioner Alex Friedmann petitions this Court for access to certain public
records and to obtain judicial review of the actions of the respondents in denying the
petitioner access to those records and state as follows:
1.

Petitioner is a citizen of the State of Tennessee whose requests to exercise

his right of personal inspection of public records under the Act have been denied.
Petitioner is also an Associate Editor of Prison Legal News, a nationally distributed
publication that reports on news and litigation related to prison, jails and the criminal
justice system.
2.

Respondent, Correction Corporation of America (hereinafter "CCA"), at

all pertinent times mentioned herein, was a company doing business in the state of

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I'

Tennessee and performing the traditionally and uniquely state governmental function of
operating a prison through contractual relationships with the State of Tennessee.
3.

This Court has subject matter jurisdiction of this petition and venue is

proper in this Court under T.C.A. § 1O-7-505(b).
4.

The Tennessee Public Records Act, Tennessee Code Annotated Section

10-7-501, et seq., applies to records "made or received" by CCA in connection with the

transaction of official business by any "government agency," which includes those
records in the hands of any private entity which operates as the functional equivalent of a
governmental agency.
5.

At all times pertinent to the request, CCA operated prisons and/or jails

under contract with either the state or local governmental agencies. Operating a prison is
exclusively and traditionally a governmental activity and public function. Therefore, at
all times material hereto, CCA was acting as the functional equivalent of a governmental
agency and bound by the terms of the Public Records Act.
6.

Upon information and belief, CCA receives all of its funding for operating

and running private prisons and/or providing correctional services from governmental
agenCIes.
7.

Pursuant to the Private Prison Contracting Act of 1986, governmental

entities may enter into contracts to allow private prison contractors to provide
correctional services under contract. T.C.A. Section 41-24-101, et seq. However, any
private prison contractor is subject to significant statutory restrictions and limitations
with respect to the operation and running of a private prison and/or providing correctional
services which include, but are not limited to:

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a.

T.C.A. Section 41-24-103: Contract for correctional services. This
statute authorizes the commissioner to enter into contracts for correctional
services subject to the requirements and procedures of the Private Prison
Contracting Act of 1986.

b.

T.C.A. Section 41-24-104. Review and Approval of contract proposals
- Price and costs adjustments - Cancellations. This statute sets forth
the requirements and conditions which must be met before any contract
for correctional services can be executed. The statute indicates that: I)
contracts for correctional services must be approved by the State Building
Commission, the Attorney General and Reporter and the Commissioner of
the Tennessee Department of Correction; 2) proposals for contracts to
provide correctional services must be reviewed by an oversight
committee; and 3) any entity proposing to provide correctional services
must prove its qualifications to run a facility and comply with correctional
standards.

c.

T.C.A. Section 41-24-105: Performance criteria for contracts Contract terms and renewal - Comparison of Performance Reporting. This statute requires the state to establish performance criteria
to measure the performance of the contractor that shall be incorporated
into any proposal or contract to provide correctional services. Throughout
the term of any contract to provide correctional services, the contractors
performance is to be evaluated against the performance criteria set by the
state.

d.

T.C.A Section 41-24-106: Standards of Security - Resumption of state
control on termination of contract. This statues requires the Governor
to certify a plan under which the State would resume control of the prison
upon termination of the contract.

f.

T.C.A Section 41-24-110:
Powers and duties not delegable to
contractor. This statute addressed certain duties and powers that are not
delegable to prison contractors providing correctional services and which
are retained by the state or governmental entity.

g.

T.C.A Section 41-24-115: Rules and Regulations. This statute
authorizes and directs the Commissioner of Corrections to promulgate
rules and regulations applicable to all prison contractors.
Upon
information and belief, the Commissioner has actually implemented such
rules and regulations that are applicable to private prison contractors such
as CCA.

h.

T.C.A Section 41-24-117: Records relating to inmates in private
facilities. This statutes providers that "(t)he records and other documents
concerning any inmate who is sentenced to the custody of the department

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3

of correction and is being housed in a prison or facility operated by a
private prison contractor shall be public records to the same extent such
records are public if an inmate is being housed in a department of
correction facility."
8.

Based on the above referenced statutory scheme, CCA is performing a

traditionally and exclusively governmental function when operating a prison and/or
providing correctional services. In fact, until the Private Prison Contracting Act of 1986,
neither the state nor a private prison contractor could enter into a contract to provide
correctional services at a prison in Tennessee. After the passage of the Private Prison
Contracting Act of 1986, the state could enter into contracts with private prison
contractors such as CCA. However, under the Private Prison Contracting Act of 1986,
the State has a statutory duty and obligation to monitor, regulate, supervise and oversee
the conduct and performance of any and all private prison contractors such as CCA.
9.

Further, CCA provides prisoner housing and prison management services,

traditionally a state function, to the State of Tennessee pursuant to the "Contract
Between State of Tennessee Department of Correction and Correction Corporation of
America," (hereinafter "Contract").
10.

Pursuant to the Contract, the "Contract Monitoring Unit" with the

Tennessee Department of Correction is responsible for monitoring the quantity and
quality of services required under the contract, the reporting obligations of CCA and
carrying out the liaison responsibilities between the State and CCA.

Further, the

Contract defines "Partial Default" and "Partial Takeover" in contemplation of situations
and circumstances whereby the CCA fails to perform under the Contract and gives the
State the discretionary power to assume "a portion of the services to be rendered by the
Contractor. ..resulting from the Contractor's failure to perform."

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11.
CCA

IS

The Tennessee Public Records Act applies to CCA, notwithstanding that

a private, for-profit corporation, because CCA operates as the functional

equivalent of a governmental agency as CCA houses prisoners and manages detention
facilities for the State of Tennessee. CCA performs a State function in return for which
the State of Tennessee provides CCA with government funding.
12

On or about April 3, 2007, Petitioner sent an Open Records Request

pursuant to T.C.A. Section 10-7-501, et seq., and in particular 10-7-503, to CCA
requesting the right to inspect certain public records maintained by CCA.

(Letter

attached as "Exhibit A").
13.

CCA, through its legal counsel, responded to Petitioner's Open Records

Request by letter dated April 24, 2007. (Letter attached as "Exhibit B").
14.

CCA's legal counsel denied the Petitioner's Open Records Requests

stating that CCA is a private business and "not subject to the Tennessee Public Records
Act."
15.

The Tennessee Public Records Act, Tenn. Code Ann. § 10-7-503 et seq.,

which governs the right of access to the records of government agencies in Tennessee and
thereby promotes government accountability to the people through public oversight of
governmental activities, provides in pertinent part that "[a]/l municipal records ... shall
at all times, during business hours, be open for personal inspection by any citizen of
Tennessee ...." to the extent that said records were "made or received pursuant to law or
ordinance or in connection with the transaction of official business by any governmental
agency."

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16.

As Petitioner is a citizen of the State of Tennessee and the records that

Petitioner is seeking are public records, Respondent has no authority to refuse
Petitioner's right to inspect the requested records. Respondent's argument that CCA is a
private business and that the requested records are not subject to the Tennessee Public
Records Act is entirely without merit.
17.

To the best of the Petitioner's knowledge, information and belief, the

requested records are in the possession, custody or control of the Respondent in some
form or fashion.
18.

The records that the Petitioner requested to inspect clearly constitute

public records under the Public Records Act, and none of the exceptions to the act are
applicable under the facts. Thus, the denial of access by CCA to these public records
constitutes a willful violation under the Act necessitating the filing of the instant action
pursuant to T.C.A. Section 10-7-505, entitling the Petitioner to all reasonable costs and
attorneys fees.
WHEREFORE, PETITIONER RESPECTFULLY REQUESTS THAT THIS
COURT:
1.

Issue an order requmng the Respondent to appear before this Court

immediately, or in no event later than ten days, and show cause, if any can be shown,
why this petition should not be granted, as provided by T.C.A. § 1O-7-505(b);
2.

Grant Petitioner a declaratory judgment that documents in the possession,

custody or control of Respondent requested by the Petitioner are public records under
Tennessee law and that Respondent's denial of access to these public records constitutes
a willful violation of the Tennessee Public Records Act, T.C.A. §§ 10-7-501 to 10-7-505;

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3.

Grant Petitioner his reasonable costs and attorneys fees pursuant to T.e.A.

§ 1O-7-505(g); and
4.

Grant Petitioner any such further relief to which they may be entitled.

By".,:-\--~<...-::,---,,::e.--=
ndr
. Clarke (# 15409)
Scott A. Kramer (#19462)
80 Monroe, Suite G-1
Memphis, TN 38103
(901) 524-0200

_

KELLY, KELLY & ALLMAN

By:
----------Andy L. Allman (# 17857)
629 E. Main Street
Hendersonville, Tennessee 37075
(615) 824-3703

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7

FIAT
TO THE CLERK OF THIS COURT:
Issue Notice and set this PETITION FOR ACCESS TO PUBLIC RECORDS
AND TO OBTlyFJUDICIALRVIEW OF DENIAL OF ACCESS for
the
jt).- day of ~"t
2008, at /fJ'tdI a~._~ __~=

-A-e4lll1dj'

'

/)£~L~

~~el1or
Date:

{8K Clients\30698\OO I \PLD\00056388.DOC}

8

.

S"".- /9- J-Q(J r'

PRISON LEGAL NEWS
Dedicated to Protecting Human Rights

2400 NW 80th Street #148, Seattle WA 98117 -

206-246-1022 fax: 515-581-0776
stein919@gmail.com
Direct Dial: 615-255-5357
5341 Mt. View Rd. #130
Antioch, TN 37013

www.prisonlegalnews.org

Please Reply to Tennessee Office:
Alex Friedmann, Associate Editor

SENT VIA CERTIFIED MAIL
April 3, 2007

John D. Ferguson, President and CEO
Gus A. Puryear, General Counsel
Corrections Corp. of America
10 Burton Hills Blvd.
Nashville, TN 37205

RE: Public Records Request Pursuant to T.e.A. § 10-7-503
Dear Messrs. Ferguson and Puryear:
Acting as both an individual Tennessee resident (please see attached driver's license) and in my
capacity as Associate Editor of Prison Legal News (PLN), a nationally-distributed publication
that reports on news and litigation related to prisons, jails and the criminal justice system, I am
formally requesting that you produce the following public records pursuant to the Tennessee
Public Records Act and in particular, T.C.A. § 10-7-503.
1) I am requesting the last complaint or amended complaint (or written claim) in each and
every lawsuit, claim and other legal action filed against Corrections Corp. of America
(CCA) and its subsidiary companies, originating in the State of Tennessee, in which CCA
paid $500.00 (five hundred dollars) or more in damages, settlements and/or attorney fees
to the claimant, plaintiff or petitioner. The requested documents should show the names
of the parties, court filed in (if any), identifying court and case number if applicable, and
the underlying facts alleged therein giving rise to the claim. I am requesting all such
complaints/amended complaints or claims in which CCA paid $500.00 (five hundred
dollars) or more in damages, settlements and/or attorney fees from January 1,2002
through and including the date of this letter. This request includes applicable claims or
demands that were resolved prior to suit being filed.
2) I am requesting the verdict forms, releases, claim payment forms and/or settlement
agreements in which CCA paid damages and/or attorney fees in each and every case
specified in request number I, above. These documents should include the case or claim
number, identity of the parties, and the amount paid by CCA to satisfy the judgment,

EXHIBIT

A

settlement or claim. I am requesting all such verdict forms, releases, claim payment
forms and/or settlement agreements in which CCA paid $500.00 (five hundred dollars) or
more in damages, settlements and/or attorney fees which were awarded and/or paid from
Jan. 1,2002 through and including the date of this letter. This request includes applicable
claims or demands that were resolved prior to suit being filed, and regardless of whether
CCA contends that any such settlements or payments are or were confidential.
3) I am requesting all Tennessee state, county and municipal government reports, audits,
investigations or other similar documents which found or alleged that CCA did not
comply with one or more terms of its contracts to provide correctional services (including
contracts to operate jails, prisons, immigration facilities, etc.), where said reports, audits,
etc. were issued from Jan. 1,2002 through and including the date of this letter. Said
reports audits, etc. should include the identity of the agency issuing the finding, a
description of the finding and any sanction(s) imposed for said contract violations.
4) I am requesting all Tennessee court rulings issuing injunctive or declaratory judgments
against CCA, including sanctions and contempt orders, between January 1, 2002 through
and including the date of this letter.
5) I am requesting all spreadsheets, summaries or similar databases showing all litigation
concluded against CCA in Tennessee which resulted in the payment of money damages,
settlements, sanctions, claims and/or attorney fees from January 1, 2002 through and
including the date of this letter regardless of whether CCA contends that the payments of
money damages are or were confidential. Said documents should include the names of
the parties, name and location of the court, case/claim number, the amount paid, and type
of claim. All cases or claims involving prisoner property damage or lost property should
be excluded from these requested records.
6) I am requesting all final executed contracts and contract renewals between CCA, the
State of Tennessee and/or any county or municipality in Tennessee regarding the
ownership, management or operation of any jail, prison, holding facility, immigration
facility, etc., from January 1,2000 through and including the date of this letter.
The requested documents can be provided to me in electronic format if available in that format.
In the event such documents are only available in hard copy, I request an opportunity to inspect
and copy the specific records I select from the records requested above.
If you have records of any type requested in this letter that you claim are not a public record, or
for which you claim a privilege not to disclose said record, please advise what this information
pertains to and why you claim it is not a public record or why it is privileged or confidential. I
expect all public records for which you do not claim an exemption or privilege to be produced as
requested in this letter in a timely manner. Please cite the specific portion of the Tennessee Code
that you claim exempts the requested information from disclosure.
Each public record request contained herein is intended to be severable. I believe some of the
public records requested herein can be found and produced for inspection in a short time period
without charge, while others may take longer. If any of these public record requests involve any
charges, please contact me prior to said charges being incurred for authorization.

".
I request that all ofthe public records requested above which are available in electronic format
be e-mailed to me for inspection. For public records that are only available in hard copy, I
request an estimate of the cost for copying same. If the cost for copying is excessive, I will
request a mutually agreeable time for me to travel to your office to inspect said records.
If you are not the records custodian for the records I have requested, please give this letter to the
appropriate records custodian for a response as set forth herein.
Failure to respond to this letter by April 25,2007 will be considered a complete denial of my
public records request and I will duly take appropriate action. If you need additional time in
which to produce the requested records, please advise in writing so your request for an extension
oftime may be considered. A unilateral request for an extension will not be acceptable.
Further, please be advised that we have retained legal counsel to assist us in this request, who

has provided an opinion that all of the requested information is considered a public record under
Tennessee law based on Memphis Publishing Company v. Cherokee Children and Family
Services. Inc., 87 S.W.3d 67 (Tenn 2002), which held in pertinent part:
"Our review of authority from other jurisdictions persuades us that the functional
equivalency approach described above provides a superior means for applying public
records laws to private entities which perform "contracted out" governmental services.
As the facts of these cases demonstrate, private entities that perform public services on
behalf of a government often do so as independent contractors. Nonetheless, the public's
fundamental right to scrutinize the performance of public services and the expenditure of
public funds should not be subverted by government or by private entity merely because
public duties have been delegated to an independent contractor."
Based on applicable case law, there is no question that CCA is the functional equivalent of a
governmental agency and subject to Tennessee's Public Records Act. Without question, running
ajail or prison is exclusively a governmental function which makes CCA subject to Tennessee's
Public Records Act. Accordingly, the failure to provide the requested information in a timely
manner will be considered a willful refusal to disclose public records in violation of Tennessee's
Public Records Act. If the requested documents are not produced in a timely manner, please be
advised that I will file a Petition for Access to Public Records and to Obtain Judicial Review of
Denial of Access seeking access to these public records, as well as reasonable costs and
attorney's fees associated with this request pursuant to T.C.A. § 10-7-505(b).
Thank you for your time and attention in this matter. If you have any questions or comments or
require additional information, please do not hesitate to contact me at the above e-mail or phone
number. Please reply to the Tennessee address above. I look forward to your reply;
Sincerely,

j~

Alex Friedmann
5341 Mt. View Rd. #130
Antioch, TN 37013
. ;;c: Paul Wright, PLN Editor
Andrew C. Clarke, Esq.

if

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15:12

6157315007

POSTAL ANNEX

PAGE

01

.."
WALKER, TIPPS & MALONE
ATTORNEYS AT

LAw

2300 ONe NAsHVIU-1! PLAC!!

ft01lE1I1' J. WAU<fR

J. MAAKTII'P"
OAVUl MALONE. JR.
STEveN eo ANDERSOM
JOK~ F. 'MiLIORH. III
eLISSY HM.L -ow
JOHN C. HAYWORTH
W.8COTTSIMS
KATHRVNHAYS6A6GER
SAM 1'. MYfoIOl,D1l

150 FOURl'H AViiNUe, NORnI
NA6HVILLe, TENNESSEe 37219

DIRECT DI~: (615) 313-8017

FAX: (815) 313-6001
E-MAIL: JWELBORNOWALKERTlPPS.COM

TELEPHONE (615) 313-6000
W/IINWALKERTIPPS.cottt

ElUN .... PALMER

CHAlillY F. GOODNER
JOHN L. fNVllllGER IV
(:HARLE' I. MALON.

April 24, 2007

VIA FEDERAL EXPRESS
Alex Friedmann
Prison Legal News
5341 Mt. View Road #130
Antioch, TN 37013

Re:

Your April 3, 2007 letter

Dear Mr. Friedmann:
Walker, Tipps &. Malone represents Corrections Corporation of America ("CCA") with
respect to your April 3, 2007 letter requesting production of certain documents pUl'suant to
Tennessee's Public Records Act, TelUl. Code Ann. § 10-7-503. As set forth below, CCA denies
your requests for several reasons.

First, CCA respectfully disagrees with your assumption that CCA is subject to
Tennessee's Public Records Act. As the Tennessee Supreme Court held: "A private business
does not open its records to public scrutiny merely by doing business with, or performing
services on behalf of, state or municipal government." See Memphis Publishing Co. v. Cherokee
Children & Family Services, Inc., 87 S.W.3d 67, 79 (Tenn. 2002). CCA is a privately-owned,
for-profit corporation. CCA is not managed or operated by the State of Teooessee or any of its
subdivisions, it was not fonned by an act of the Tennessee legislature or a local general
assembly, and it was not fonned for the sole purpose of serving any TelUlessee govenunent
functions. Rather, CCA has contracts with multiple federal, state, and municipal govenunents
throughout the country. The only money CCA receives from political divisions of the State of
Tennessee is as a quid pro quo for providing correctional facility management services, and this
amount of money is a small percentage of CCA's overall income. Unlike a government agency,
CCA does not claim the benefit of governmental immunity from suit in tort actions, CCA
employees do not participate in public retirement plans, and CCA maintains its own insurance.
CCA is simply not the functional equivalent of a Tennessee government agency. See Cherokee
Children, 87 S.W.3d at 79; Memphis Publishing Co. v. Shelby Cly. Health Care Corp., 799
S.W.2d 225, 229-231 (Tenn. Ct. App. 1990), appl. perm. appeal denied (Tenn. 1990).
Second, even if CCA were subject to the Public Records Act, many of the documents you
request are not covered by the Public Records Act by operation of state law. See Tenn. Code
Ann. § 10-7-503(a). Tennessee law protects from inspection under the Public Records Act

EXHIBIT

I~

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61573150El7

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"

Alex Friedmann
April 24, 2007
Page 2
attomey work product and documents protected by the attorney-client privilege. See Arnold v.
City ofChatanooga, 19 S.W.3d 779, 786 (Tenn. Ct. App. 1999),perm. app. denied (Tenn. 2000);
Tenn. Op. Atty. Gen. No. 06-104 (Tenn. AG. 2006); Tenn. R. CiV'. P. 26.02; Tenn. Code Ann. §
23.3-105. Similarly, Tennessee law protects from inspection under the Public Records Act
documents sealed by a protective order of a court. See Ballard v. Henke, 924 S.W.2d 652, 662
(Tenn. 1996). Your request for documents protected by privilege and/or confidentiality is not
appropriate under the Public Records Act.
Third, many of the documents you request are otherwise obtainable through either court
clerk's offices or through the relevant governmental agency with whom CCA has contracted. In
constnring the Public Records Act, '"the public's right of access to government records must be
balanced with the burden that the disclosure of these records will place on the government." See
Swift v. Campbell, 159 S.W.3d 565 (Tenn. Ct. App. 2004), perm. app. denied (Tenn. 200S). To
the extent you request documents that arc otherwise available to you, CCA submits that it would
be overly burdensome to require a private entity like CCA to gather and/or obtain- such
documents and make them available for inspection. I
You request six categories of docwnents. All requests are limited to documents
pertaining to correctional facilities managed by CCA in the State of Tennessee pursuant to a
contract between CCA and the State of Tennessee or a subsidiary county or municipal
government. Further, you limit your requests to the time frame of January 1,2002 through April
3, 2007. There are six (6) correctional facilities encompassed by your requests:
•
•
•
•
•
•

Hardeman County Correctional Center, Whiteville, TN (contract with Hardeman
County Correctional Facilities Corporation)
Metro-Davidson County Detention Facility) Nashville, TN (contract with Davidson
County Sheriffs Department)
Shelby Training Center, Memphis, TN (contract with Juvenile Court ofMemphis and
Shelby County, Tennessee)
Silverdale Detention Facilities, Chattanooga, TN (contract with Hamilton County,
Tennessee)
South Central Correctional Center, Clifton, TN (contract with Tennessee Department of
Corrections)
Whiteville Correctional Facility, Whiteville, TN (contract with Hardeman County
Correctional Facilities Corporation)
Each category ofdocuments is addressed separately as follows:

I Even if CCA were subject to the Public Records Act and some of tbe documents requested were not confidential
or protected and not otherwise available. the Act requires only that docwnents be made available for inspection. SeC!
Tc:nn. Code Ann. § 10.7-S03(a). For that reason, and because it would create an unreasonable burden, CCA would
not be required to provide any docwncnts in electronic fonnat or via electronic mail.

02

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61573150137

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Alex Friedmann
April 24, 2007
Page 3

(1) Complaints in Tennessee Lawsuits. Complaints flIed in Tennessee courts are
available in the court clerk's offices. Please refer to the list of relevant facilities above and
contact the applicable federal or state courts where those facilities are located to obtain any
records. It would be unreasonably burdensome to require CCA to gather and/or obtain such
records when they are equally available to you from the court clerk's offices.
(2) Verdicts Forms and Settlement Agreements in Tenne§see Lawsuits. As with
complaints, any other pleadings or rulings filed with the respective court clerk's offices are as
easily available to you as to CCA. Upon infonnation and belief, all settlement agreements
encompassed by your request contain confidentiality provisions and are, therefore, not open for
inspection under the Public Records Act. Well-settled pUblic policy protects the confidentiality
of settlement negotiations and agreements in order to encourage settlement. See Goodyear Tire
& Rubber Co. \I. Chiles Power Supply, Inc., 332 F.3d 976, 980 (6 th Cir. 2003). Further, some
such confidential settlement agreements are sealed pursuant to court order and clearly not
available for public inspection. See Ballard \I. Herzke, 924 S.W.2d 652, 662 (Texm. 1996).

(3) Audits and Investigations by Tennessee Governments. You may refer to the above
list of Tennessee government entities with whom CCA has contracted and request this
infonnation from them directly, to the extent any such infonnation exists. It would be
unreasonably burdensome to require CCA, who is not a govermnent agency subject to the Public
Records Act, to do this work for you.
(4) Tennessee CQW1 Rulinjs. Once again, this information is as readily available to you

as to CCA by contacting the respective court clerk's offices.
(5) Spreadsheets or Databases &prding Tennessee Litigation. The only information
eCA understands this request to encompass is protected by the attorney-client privilege and/or
work product doctrine. Any eCA databases regarding Tennessee litigation contain case
evaluations, settlement considerations, litigation strategies, and other protected and/or privileged
infonnation. Such infonnation is not subject to the Public Records Act.

(6) Final Contracts and Renewals Betwe~ CCA and State of Tennessee. As with
respect to any audits and investigations, you may obtain this infonnation directly from the
relevant Tennessee government entity with whom eCA has contracted.
My review and analysis of applicable law suggests that the facts and law support CCA's
position that it is not subject to the Tennessee Public Records Act. I would be happy to discuss
this matter further with you and invite you to share with me anything I may have overlooked in
my analysis. Please direct all future correspondence and communications regarding this matter
tome.

....

f.•. '

;

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Alex Friedmann

April 24, 2007
Page 4

Vorytruly yo~

1.

Welborn III

JFW/pkg

PAGE

04