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Opinion

Opinion By: Gregory D. Stumbo,Attorney General;James M. Ringo,Assistant Attorney General

Open Records Decision

This matter having been submitted to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that Green River Correctional Complex (GRCC) did not violate the Open Records Act in denying Abdul W. Stewart's open records request ". . . to inspect the following records as it pertains to diet under CPP 6.1B, 4a; and GRCC 11-04-02. I am requesting to inspect the Third Edition of the Diet Manual prepared by the Diet Therapy Committee of Louisville District and the Dept. of Corrections Special Diet Guideline, also the Ingredients used inside the Generic Meat of the ground-up Turkey (sic), Sausage (sic) and Beef that comes in rolls and used inside the casseroles. I also request to inspect the Nutrition Facts in these ingredients as it pertain (sic) to my diet under CPP. 23.1 and CPP 4 and 11-04-02 . . . ." We believe that 03-ORD-073, a copy of which is attached hereto and incorporated by reference, is dispositive of the issue on appeal. See also, 03-ORD-252. Because the requested records do not contain a specific reference to Mr. Stewart, KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(l), 1 fully authorized GRCC's denial of Mr. Stewart'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.

Abdul W. Stewart, # 93596Green River Correctional Complex1200 River RoadP. O. Box 9300Central City, KY 42330-9300

Teresa ShanklinCustodian of RecordsGreen River Correctional ComplexBox 93001200 River RoadCentral City, KY 42330-9300

Emily DennisJustice & Public Safety CabinetOffice of General Counsel2439 Lawrenceburg RoadP.O. Box 2400Frankfort, KY 40602-2400

Footnotes

Footnotes

1 KRS 61.878(1)(l) authorizes public agencies to withhold:

Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly.

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LLM Summary
The Attorney General's decision finds that the Green River Correctional Complex (GRCC) did not violate the Open Records Act by denying Abdul W. Stewart's request to inspect various dietary records. The decision references 03-ORD-073 as dispositive, meaning it directly supports the ruling in this case, and also cites 03-ORD-252 for additional legal context. The denial was based on the fact that the requested records did not specifically reference Mr. Stewart, and such withholding is authorized under KRS 197.025(2) as incorporated into the Open Records Act by KRS 61.878(1)(l).
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:
Abdul W. Stewart
Agency:
Green River Correctional Complex
Type:
Open Records Decision
Lexis Citation:
2004 Ky. AG LEXIS 150
Forward Citations:
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