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 an open records appeal, and the Attorney General being sufficiently advised, we find that Little Sandy Correctional Complex did not violate the Open Records Act in the disposition of Uriah Pasha's February 7, 2014, request for a copy of the extraordinary occurrence report relating to a February 6, 2014, incident that resulted in Mr. Pasha being placed in administrative segregation, and Captain Terry Wallace's incident report and occurrence report relating to Mr. Pasha and the February 6 incident. LSCC denied Mr. Pasha's request based on the nonexistence of the records, providing him with a copy of a witness statement prepared by Captain Wallace as the only extant responsive record. In supplemental correspondence directed to this office, a copy of which is attached hereto and incorporated by reference, LSCC provided a plausible explanation for the nonexistence of the occurrence report to which Mr. Pasha requested access. Having done so, LSCC fully discharged its duty under KRS 61.880(1). We therefore find no violation of the Open Records Act.
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, # 092028Beth HarperAmy V. Barker