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Opinion

Opinion By: Albert B. Chandler III, Attorney General; James M. Ringo, Assistant Attorney General

Open Records Decision

This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we affirm Kentucky State Penitentiary's denial of James Savage's August 27, 2003 request for copies of his adjustment committee hearing tapes. We find that 95-ORD-105, 03-ORD-152, and 03-ORD-206, copies of which are attached hereto and incorporated by reference, are controlling. It is the decision of this office that Kentucky State Penitentiary did not violate the Open Records Act in denying James Savage's request.

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 should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.

James Savage, # 117376Kentucky State PenitentiaryP.O. Box 5128Eddyville, KY 42038

Deputy Warden SimpsonKentucky State PenitentiaryP.O. Box 5128Eddyville, KY 42038

Nancy DuncanRecords CustodianKentucky State PenitentiaryP.O. Box 5128Eddyville, KY 42038

Emily DennisKY Department of Corrections2439 Old Lawrenceburg RoadP.O. Box 2400Frankfort, KY 40602-2400

LLM Summary
The Attorney General affirmed the Kentucky State Penitentiary's decision to deny James Savage's request for copies of his adjustment committee hearing tapes. The decision was based on the precedents set in previous open records decisions (95-ORD-105, 03-ORD-152, and 03-ORD-206), which were deemed controlling and directly applicable to the facts of this case.
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Requested By:
James Savage
Agency:
Kentucky State Penitentiary
Type:
Open Records Decision
Lexis Citation:
2003 Ky. AG LEXIS 267
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