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11-ORD-216

 

December 20, 2011

 

 

In re:        Uriah Pasha/Kentucky State Reformatory

 

Summary:        Decision adopting 11-ORD-177 and 11-ORD-181 and holding that Kentucky State Reformatory properly relied on KRS 197.025(1) in denying inmates third request for the same conflict sheet.

 

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 Kentucky State Reformatory properly denied Uriah Pashas renewed request for a copy of Officer Martha Mills conflict sheet against inmate Uriah Pasha #092028 on the basis of KRS 197.025(1), incorporated into the Open Records Act by KRS 61.878(1)(l). KSR may properly continue to rely on the cited security exception, notwithstanding the fact that Mr. Pasha is no longer incarcerated at KSR, if disclosure is deemed by the warden or his designee to constitute a continuing threat to security. Here, such a determination has been made and a supporting explanation provided. Accordingly, we find that 11-ORD-177 and 11-ORD-181, in which this office addressed KSRs denial of the same request, are dispositive of the issue on appeal. Copies of those open records decisions are attached hereto and incorporated by reference. We affirm the facilitys denial of Mr. Pashas request and remind Mr. Pasha that if he is dissatisfied with the Attorney Generals disposition of his request for Officer Mills conflict sheet, his recourse lies in the courts, pursuant to KRS 61.880(5)(a), and not in the repeated submission of nearly identical open records requests.

 

        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.

 

                                                Jack Conway

                                                Attorney General

 

 

                                                Amye L. Bensenhaver

                                                Assistant Attorney General

 

#414

 

Distributed to:

 

Uriah Pasha, #092028

Marc Abelove

Alea Amber Arnett

 

 

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:
Uriah Pasha
Agency:
Kentucky State Reformatory
Forward Citations:
Neighbors

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