Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Green River Correctional Complex violated the Kentucky Open Records Act when it denied Homer Caldwell's request for certain of his medical records. We believe that 97-ORD-148, a copy of which is attached hereto and incorporated by reference, is controlling. The Green River Correctional Complex should make the requested records from Mr. Caldwell's medical file, in its possession, available to him, unless it determines that providing him the records would constitute a threat to the security under the guidelines of KRS 197.025(1).
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 KRS 61.880(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.