Opinion
Opinion By: Jack Conway, Attorney General; James M. Herrick, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Western Kentucky Correctional Complex (WKCC) violated the Kentucky Open Records act in its disposition of two requests made in July 2009 by inmate Ricky Fulcher for copies of audio cassette tapes. We conclude that the actions of WKCC were in accordance with the Act.
Mr. Fulcher is currently incarcerated in the segregation unit at WKCC. Previous decisions of the Attorney General have established that an inmate in segregated confinement is not entitled to be provided with copies of records merely because he cannot leave the unit to inspect the records in person, nor does a facility have any obligation under the Open Records Act to provide records to a third party at an inmate's request. 03-ORD-152 and 05-ORD-080 (copies attached), which are directly on point on these matters, are hereby adopted and made a part hereof by reference.
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.
Ricky Fulcher # 162001Amy V. Barker, Esq.Klaytor Burden, WKCC