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Opinion

Opinion By: Daniel Cameron,Attorney General;Marc Manley,Assistant Attorney General

Open Records Decision

On July 11, 2020, Taquan Neblett ("Appellant") requested from the Reformatory a copy of "the emergency meal menu." In a timely response, the Reformatory denied the request under KRS 197.025(2) because the requested menu did not contain a specific reference to him. Thereafter, Appellant initiated this appeal.

Under KRS 197.025(2), "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." The requested menu does not contain a specific reference to Appellant. See, e.g. , 14-ORD-048; 12-ORD-064; 09-ORD-035; 08-ORD-008; 05-ORD-105; 05-ORD-023; and 00-ORD-115 (all holding that menus or similar records may be withheld because such records do not contain specific references to the inmates who requested them). Accordingly, the Reformatory did not violate the Act in denying the request.

A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court per KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceeding.

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:
Taquan Neblett
Agency:
Kentucky State Reformatory
Type:
Open Records Decision
Lexis Citation:
2020 KY. AG LEXIS 445
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