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Opinion

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

Open Records Decision

Inmate Glen Davis ("Appellant") claims that he requested from the Department a copy of an investigative report, but that he received no response. On appeal, the Department asserts that it never received the request.

An agency's obligations under the Act arise only after its receipt of a request to inspect records. KRS 61.880(1). But here, the Department provides an affidavit in which its records custodian swears that the custodian did not receive the Appellant's request. On this record, there is no basis to conclude that the Department violated the 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 shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceedings.

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:
Glen A. Davis
Agency:
Georgetown Police Department
Type:
Open Records Decision
Lexis Citation:
2021 KY. AG LEXIS 20
Forward Citations:
Neighbors

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