Request By:
[NO REQUESTBY IN ORIGINAL]
Opinion
Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, 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 Luther Luckett Correctional Complex properly responded to Douglas Eversole's January 5, 1998, request to inspect records relating to an investigation of alleged improprieties involving inmate Gregory Hammond by releasing the complaint which initiated the investigation and memoranda generated in the course of the investigation. We believe that 98-ORD-27, a copy of which is attached hereto and incorporated by reference, and which is identical in all respects to Mr. Eversole's appeal, is controlling. With the exception of the four sentences which appear in paragraphs one and three on page eight of the Dressman/Howard memorandum, Luther Luckett Correctional Complex properly redacted portions of the memoranda pursuant to KRS 61.878(1)(a), KRS 61.878(1)(j), KRS 61.878(1)(l), and KRS 197.025(1), incorporated into the Open Records Act by operation of the latter exception.
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.