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 the Louisville Metro Department of Corrections complied with the requirements of the Open Records Act in the disposition of James Shively's June 13, 2003 request for records pertaining to an inmate identified by name, race, gender, date of birth, and social security number by processing Mr. Shively's request, postmarked June 16, 2003, in a timely fashion and mailing him the inmate's IMS history on June 19, 2003. 1 Having done so, Louisville Metro Department of Corrections mooted the records access issue. 40 KAR 1:030 Section 6; 03-ORD-087. Accordingly, we find no error in the Department's disposition of Mr. Shively's request.
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.
James Shively # 163162Northpoint Training CenterP.O. Box 479, Dorm 3Burgin, KY 40310
Mike WickRecords DivisionLouisville-Metro Dept. of Corrections400 South 6th StreetLouisville, KY 40202
Irv MazeJefferson County Attorney600 West Jefferson StreetLouisville, KY 40202
Suzanne P. CorderyAssistant Jefferson County Attorney400 South Sixth StreetLouisville, KY 40202
Footnotes
Footnotes
1 These facts are confirmed in an affidavit prepared by Senior Corrections Technician Mike Wick and submitted to this office by the Department on July 1, 2003.