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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.

LLM Summary
The Attorney General of Kentucky decided that the Green River Correctional Complex violated the Kentucky Open Records Act by denying Homer Caldwell's request for access to his medical records. The decision follows the precedent set in 97-ORD-148, which is directly applied to support the conclusion that the records should be made available unless they pose a security threat as per KRS 197.025(1).
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
Homer Caldwell
Agency:
Green River Correctional Complex
Type:
Open Records Decision
Lexis Citation:
1998 Ky. AG LEXIS 26
Cites:
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