Opinion
Opinion By: Gregory D. Stumbo, 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 although its response to inmate Kevin Huber's May 2, 2007, request to inspect "[t]he updated treatment protocol for HCV infected inmates" was procedurally deficient, 1 Little Sandy Correctional Complex properly relied on KRS 197.025(2) in denying that request. It is the decision of this office that 03-ORD-073, and in particular the discussion at pages two and three of that decision, is dispositive of the issue on appeal. A copy of 03-ORD-073 is attached hereto and incorporated by reference. Based on KRS 197.025(2) , as construed in this decision, we find no violation other than the procedural violation noted, in LSCC's denial of Mr. Huber's request. Accord, 03-ORD-230.
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.
Kevin Huber, # 144731
Andrea WalkerMedical Records CustodianLittle Sandy Correctional ComplexRoute 5, Box 1000Sandy Hook, KY 41171
Emily DennisStaff AttorneyJustice & Public Safety Cabinet Office of Legal Services125 Holmes Street, 2nd FloorFrankfort, KY 40601
Footnotes
Footnotes
1 LSCC has received direction from the Justice and Public Safety Cabinet on the proper disposition of an open records request under KRS 61.880(1), and acknowledges its violation in this regard.
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