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23-ORD-278

October 20, 2023

In re: Carlos Thurman/Green River Correctional Complex

Summary: The Green River Correctional Complex (“the Complex”) did
not violate the Open Records Act (“the Act”) when it did not provide
records that do not exist.

Open Records Decision

On September 15, 2023, inmate Carlos Thurman (“Appellant”) requested “a
copy of the email that was censored on 8-1-23 and the administrator’s email date 8-
1-23.”1 In a timely response, the Complex denied the request because “JPay friends
and family emails are not public records” and are “communications of a purely
personal
nature
unrelated
to
any
governmental
function
pursuant
to
KRS 61.878(1)(r).” This appeal followed.

On appeal, the Complex claims the requested “email that was censored” does
not exist because the Complex and the Department of Corrections “do not edit
emails.”2 Once a public agency states affirmatively that a record does not exist, the
burden shifts to the requester to present a prima facie case that the requested record
does exist. See Bowling v. Lexington–Fayette Urb. Cnty. Gov’t, 172 S.W.3d 333, 341
(Ky. 2005). The mere assertion that records exist is not sufficient to establish a prima
facie case that they do exist. See, e.g., 23-ORD-042. Here, the Appellant has not
presented a prima facie case that a censored email exists. Accordingly, the Complex
did not violate the Act.

1
The Appellant also requested a legal mail log sheet, which was provided to him.
2
Assuming the “administrator’s email” requested by the Appellant is related to the alleged
censoring of the Appellant’s email, the Complex’s position indicates that record does not exist, either.A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882 within 30 days
from the date of this decision. 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. The Attorney General will accept notice of
the complaint emailed to OAGAppeals@ky.gov.

Daniel Cameron

Attorney General

s/ James M. Herrick

James M. Herrick

Assistant Attorney General

#420

Distribution:

Carlos Thurman, #112192
Jonathan Gifford, Esq.
Ms. Sara M. Pittman
Ms. Ann Smith

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:
Carlos Thurman
Agency:
Green River Correctional Complex
Forward Citations:
Neighbors

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