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DOE v. BRILEY

No. 07-6300.

562 F.3d 777 (2009)

John DOE, Plaintiff-Appellant, v. Beverly BRILEY, et al., Defendants, Tennessee Bureau of Investigation; Metropolitan Government Of Nashville & Davidson County, Defendants-Appellees, Gannett Satellite Information Network, Inc. d/b/a The Tennessean; News-Channel 5 Network, L.P., Intervenors-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 16, 2009.

Attorney(s) appearing for the Case

ARGUED: James F. Blumstein, Vanderbilt Law School, Nashville, Tennessee, for Appellant. Allison L. Bussell, Metropolitan Department of Law, Nashville, Tennessee, Lyndsay Fuller, Office of the Attorney General, Nashville, Tennessee, for Appellees. ON BRIEF: James F. Blumstein, Vanderbilt Law School, Nashville, Tennessee, for Appellant. Allison L. Bussell, Keli J. Oliver, Metropolitan Department of Law, Nashville, Tennessee, Lyndsay Fuller, Michael A. Meyer, Office of the Attorney General, Nashville, Tennessee, for Appellees. Alfred H. Knight, Alan D. Johnson, Willis & Knight, Nashville, Tennessee, Ronald G. Harris, Jon D. Ross, Neal & Harwell, Nashville, Tennessee, for Intervenors.

Before: BOGGS, Chief Judge; KETHLEDGE, Circuit Judge; THAPAR, District Judge.

OPINION

KETHLEDGE, Circuit Judge.

Plaintiff appeals the district court's order vacating a 34-year-old consent decree that proscribed the publication of certain arrest records. We agree with the district court that subsequent caselaw has swept away the decree's constitutional foundation. We therefore affirm.

I.

This case comes to us after lying dormant for a generation. On April 12, 1973, Plaintiff John Doe ("Doe") sued several officials...

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