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Cited Statutes Annotation
Ky. Rev. Stat. Ann. § 61.882 61.882 Circuit court's award of attorney's fees and costs to the newspapers was affirmed where substantial evidence supported the finding of willfulness under Ky. Rev. Stat. Ann. § 61.882(5), and the circuit court properly interpreted the statute to permit an award of up to $25 per day for each particular record that an agency improperly and willfully withheld. Cabinet for Health & Family Servs. v. Courier-Journal, Inc., 493 S.W.3d 375, 2016 Ky. App. LEXIS 18 (Ky. Ct. App. 2016). Link
Ky. Rev. Stat. Ann. § 61.882 61.882 Court of Appeals of Kentucky cannot agree that the General Assembly's mere use of the word “person” in Ky. Rev. Stat. Ann. § 61.882(5) demonstrated so clear an intent that penalties be imposed on a per person basis as to show the trial court's reading unreasonable or erroneous. Cabinet for Health & Family Servs. v. Courier-Journal, Inc., 493 S.W.3d 375, 2016 Ky. App. LEXIS 18 (Ky. Ct. App. 2016). Link
Blair v. Hendricks 61.882 An inmate was properly denied the discretionary fine provided for in the statute in connection with the Department of Correction’s denial of access to records of a disciplinary proceeding against him where there was no proof that the department’s actions were wilful or that the failure damaged the inmate in any way, and it appeared that the department merely made a good faith denial of records. Blair v. Hendricks, 30 S.W.3d 802, 2000 Ky. App. LEXIS 69 (Ky. Ct. App. 2000), overruled in part, Lang v. Sapp, 71 S.W.3d 133, 2002 Ky. App. LEXIS 452 (Ky. Ct. App. 2002). Link
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