23-ORD-290
October 31, 2023
In re: Leslie Haun/Western Kentucky Correctional Complex
Summary: The Western Kentucky Correctional Complex (the
“Complex”) did not violate the Open Records Act (“the Act”) when it did
not deliver the requested records to the Appellant while he was housed
in the segregation unit.
Open Records Decision
Inmate Leslie Haun (“Appellant”) submitted a request to the Complex for
“health records entered in 2022 while at North Point Training Center.” The Complex
denied the request because the Appellant’s current housing assignment did not allow
him to move “freely about the institution” and because the Act does not require the
Complex to hand deliver records to the Appellant’s cell. This appeal followed.
Under KRS 61.872(3), there are two ways a resident of Kentucky can inspect
records—“[d]uring the regular office hours of the public agency” or “[b]y receiving
copies of the public records from the public agency through the mail.” The Office has
previously held that “an inmate must accept the necessary consequences of his
confinement, including policies relative to application for, and receipt of, public
records.” 95-ORD-105. When an inmate “is prohibited from freely moving about in
the facility, and therefore cannot conduct an on-site inspection in the records office,
the facility is under no obligation to bring the original records to his cell for
inspection.” Id.
The Complex states the Appellant was in segregated housing at the time of his
request and could not move freely about the institution. Accordingly, the Complex did
not violate the Act when it did not hand deliver records to the Appellant.A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court under KRS 61.880(5) and KRS 61.882 within 30 days from
the date of this decision. Under 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/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#436
Distributed to:
Leslie Haun #205731
Amy V. Barker
Sara M. Pittman
Ann Smith