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 affirm Kentucky State Penitentiary's denial of James Savage's August 21, 2003 request for a copy of a videotape showing an altercation he was involved in with two other inmates on May 22, 2003. We find that 95-ORD-105 and 03-ORD-152, copies of which are attached hereto and incorporated by reference, are controlling.
95-ORD-105 holds that "an inmate must accept the necessary consequences of his confinement, including policies relative to application for, and receipt of, public records." 03-ORD-152 holds that inspection of a record is a condition precedent to obtaining a copy of a record where the inmate was in segregated confinement and, since he could not inspect the record during the regular office hours of the institution, the KSP was not required to bring the record to him or to arrange an escort to enable inspection. 03-ORD-152 further holds that the agency was not required to furnish a copy of the requested record to a third party. KRS 61.872(3).
Mr. Savage also argues that denying him access to the records in effect denies him access to the courts. We can not address, in the context of an open records appeal, a complaint that an agency has denied one's constitutional rights. The Attorney General "is not empowered to resolve . . . non-open records related issues in an appeal initiated under KRS 61.880(1)." 99-ORD-121, p. 17.
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.
James Savage, # 117376Kentucky State PenitentiaryP.O. Box 5128Eddyville, KY 42038
Joel DunlapInternal AffairsKentucky State PenitentiaryP.O. Box 5128Eddyville, KY 42038-5128
Emily DennisDepartment of Corrections Office of General CounselP.O. Box 2400Frankfort, KY 40602-2400