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Request By:
R. A. Brockett, # 099682
Klaytor Burden
Emily Dennis

Opinion

Opinion By: Jack Conway, 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 find that the Western Kentucky Correctional Complex properly relied on KRS 61.878(1)(j) in denying R. A. Brockett's request for a copy of the "pre-parole progress report that was done on me from the institution for the November 2007 Parole Board." We believe that 99-ORD-23 and OAG 92-125, copies of which are attached hereto and incorporated by reference, are controlling. Accordingly, based on the authorities set out above, we affirm the Western Kentucky Correctional Complex's denial of Mr. Brockett's request for a copy of the pre-parole progress report.

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.

LLM Summary
The Attorney General's decision affirms the Western Kentucky Correctional Complex's denial of R. A. Brockett's request for a pre-parole progress report, citing KRS 61.878(1)(j). The decision follows the precedents set by 99-ORD-023 and OAG 92-125, which are deemed controlling in this matter. The decision allows for an appeal to be made in the appropriate circuit court.
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
R.A. Brockett
Agency:
Western Kentucky Correctional Complex
Type:
Open Records Decision
Lexis Citation:
2008 Ky. AG LEXIS 42
Forward Citations:
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