01-ORD-090 | KOGC

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 Kentucky State Penitentiary did not violate the Open Records Act in its disposition of Harlan McIntosh's request for records due to his confinement in disciplinary segregation. It is our opinion that 98-ORD-157, a copy of which is attached hereto and incorporated by reference, is controlling. We find no error in the Kentucky State Penitentiary's actions.

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 proceedings.

Harlan McIntosh, # 130831Kentucky State PenitentiaryP.O. Box 128Eddyville, KY 42038

Nancy DuncanRecords SupervisorKentucky State PenitentiaryP.O. Box 128Eddyville, KY 42038-0128

Glenn HaeberlinDeputy Warden of ProgramsKentucky State PenitentiaryP.O. Box 128Eddyville, KY 42038-0128

Jennifer HatcherDepartment of CorrectionsOffice of General Counsel2439 Old Lawrenceburg RoadFrankfort, KY 40602

LLM Summary

The Attorney General's decision finds that the Kentucky State Penitentiary did not violate the Open Records Act in its handling of Harlan McIntosh's request for records, despite his confinement in disciplinary segregation. The decision follows the precedent set by 98-ORD-157, which is deemed controlling and is incorporated by reference into the current decision. The decision concludes that there was no error in the actions of the Kentucky State Penitentiary regarding the open records request.

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