Annotation for 382 S.W.3d 875

Commonwealth of Kentucky, Cabinet for Health and Family Services’  (Cabinet) failure to disclose the requested records constituted a “willful” violation of the Open Records Act, KRS 61.871; the Cabinet failed to make particularized analysis and instead relied on an all-encompassing policy of nondisclosure despite the purpose of the Act and despite the acknowledged applicability of KRS 620.050(12)(a) under these circumstances, and the circuit court concluded that these denials were made in “bad faith.” Commonwealth v. Lexington H-L Servs., 382 S.W.3d 875, 2012 Ky. App. LEXIS 216 (Ky. Ct. App. 2012).