Opinion
Opinion By: Jack Conway, Attorney General; James M. Herrick, 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 the Eastern Kentucky Correctional Complex (EKCC) did not violate the Open Records Act in denying inmate Curtis Biggers' November 24, 2009, request for a copy of a memorandum relating to inmates' shaving. Relying on KRS 197.025(2), 1 the EKCC explained that the requested record "does not contain a specific reference to you," and that he was therefore foreclosed from inspecting it. We agree with this analysis and find that 03-ORD-150 and 09-ORD-057 are dispositive of the issue on appeal. Copies of these open records decisions are attached and hereby adopted as the basis for our decision in the present appeal. We find no error in the EKCC's denial of Mr. Biggers' 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.
Curtis Biggers, # 115521 (D5CL6)Sonya WrightStafford Easterling, Esq.
Footnotes
Footnotes
1 KRS 197.025(2) provides:
KRS 61.870 to 61.884 to the contrary notwithstanding, the department shall not be required to comply with a request for any record from any inmate confined in a jail or any facility or any individual on active supervision under the jurisdiction of the department, unless the request is for a record which contains a specific reference to that individual.