Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: A. B. Chandler III, Attorney General; Thomas R. Emerson, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an appeal under the Open Records Act, and the Attorney General being sufficiently advised, we find that Eastern Kentucky Correctional Complex properly relied on KRS 197.025 in denying Keith D. Phillips's February 10, 1997, request to inspect documents described as "Classification Review Sheets for ESU Placement/Results, Period (March 96 to present), ESU Eligibility Listing (Inmates awaiting placement in ESU) current." We believe that 97-ORD-33, and in particular the discussion at pages 3 and 4 of that decision, is controlling. A copy of the decision is attached hereto and incorporated by reference. Based on Mr. Phillips's file which "reflects a manipulative history, instigating conflicts between fellow inmates, staff, as well as between staff and inmates," we find that disclosure of these records to him would constitute a threat to the security of the institution generally.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.