Opinion
Opinion By: Jack Conway, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This matter having been presented to the Attorney General in the fortieth open records appeal filed by inmate Uriah Pasha in less than one year, 1 and the Attorney General being sufficiently advised, we find that Kentucky State Reformatory did not violate the Open Records in partially denying Pasha's January 23, 2012, requests for the reasons set forth in 12-ORD-19 and 12-ORD-037. Copies of those open records decisions are enclosed. KSR honored Pasha's request for "the memorandum To: Lt. Dawn Deckard, From: Lt. Arnold Chisholm, Date: 9/21/11, Re: Uriah Pasha # 092028, Question for Powell: Did you tell Capt. Mazza? Yes," (sic), and provided a plausible explanation for the nonexistence of the remaining records identified in his request. A copy of KSR's supplemental response is attached hereto and incorporated by reference. Because no records exist that are responsive to Pasha's three remaining requests, 2 we affirm KSR's denial of those 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.
Distributed to:
Uriah Pasha, # 092028Marc AbeloveAmy V. Barker
Footnotes
Footnotes
1 Pasha has since filed four additional appeals for a total of forty-four open records appeals from February 2011 to March 2012.
2 In addition to the memorandum with which he was furnished, Pasha requested copies of:
2. The report generated from Officer Phoebe Powell reporting to second shift supervisor Captain K. Mazza of Uriah Pasha's . . . acts;
3. Deputy Warden Troy Pollock's report generated from Officer Phoebe Powell giving him false information January 2012 about not reporting to second shift staff;
4. The disciplinary Officer Phoebe Powell against Uriah Pasha . . . June 2011. [sic.]