Court: 6th Circuit Court (Published Opinions)
ARGUED and ON BRIEF: Paul R. McAdoo, THE REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, Brentwood, Tennessee, for Appellant.
ARGUED and ON BRIEF: Bruce A. McMullen, BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWIZ, P.C., Memphis, Tennessee, for Appellees.
ON BRIEF: Michael F. Smith, THE SMITH APPELLATE LAW FIRM, Washington, D.C., for Amici Curiae.
Judge(s): SUHRHEINRICH, GRIFFIN, and DONALD, Circuit Judges
Court Appealed: United States District Court for the Western District of Tennessee at Memphis
BERNICE BOUIE DONALD, Circuit Judge. Plaintiff Wendi Thomas (“Plaintiff”), a well-known media figure in Memphis, alleges that the City of Memphis (“the City” or “Defendant”) excluded her from the City’s Media Advisory List in retaliation for her news coverage of Mayor Jim Strickland. Plaintiff filed suit against the City, seeking injunctive and declaratory relief based on her claims that the City’s actions amounted to violations of the First, Fifth, and Fourteenth Amendments to the United States Constitution and Article I, Section 19 of the Tennessee Constitution. Thirteen days after Plaintiff filed suit, the City changed its media relations policy so that all media advisories would be posted on the City’s website or on designated social media.
The City moved for dismissal, and, finding that the City’s actions mooted Plaintiff’s claims, the district court granted that motion. For the following reasons, we AFFIRM the district court.