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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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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:
Kevin Huber
Agency:
Little Sandy Correctional Complex
Type:
Open Records Decision
Lexis Citation:
2007 Ky. AG LEXIS 280
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