Opinion
Opinion By: Gregory D. Stumbo, Attorney General; Amye L. Bensenhaver, 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 find that Eastern Kentucky Correctional Complex did not violate the Open Records Act in the disposition of McClellan Gaines' requests for all records that refer to him by name and the appeal from the disciplinary write up he received following an August 30, 2005, hearing. As an inmate confined in a correctional facility, Mr. Gaines "must accept the necessary consequences of his confinement, including policies relating to application for, and receipt of, public records." 95-ORD-105, p. 6. EKCC issued a timely written response to Mr. Gaines advising him that he was foreclosed from conducting an on-site inspection of the requested records by virtue of his segregation housing assignment, thereby discharging its statutory duty. It is the decision of this office that 98-ORD-157 and 04-ORD-160, copies of which are attached hereto and incorporated by reference, are dispositive of the issues on appeal. We therefore affirm the agency's denial of his 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.
Distributed to:
McClellan Gaines, #167658Eastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472
Sharon RoseInstitution CoordinatorEastern Kentucky Correctional Complex200 Road to JusticeWest Liberty, KY 41472
Emily DennisStaff AttorneyJustice and Public Safety CabinetOffice of Legal Services125 Holmes Street, 2nd FloorFrankfort, KY 40601