23-ORD-050
March 7, 2023
In re: Carlos Harris/Eastern Kentucky Correctional Complex
Summary: This Office cannot find that the Eastern Kentucky
Correctional Complex (“the Complex”) violated the Open Records Act
(“the Act”) when it provided what the Appellant considers to be records
different than those he requested.
Open Records Decision
Inmate Carlos Harris (“the Appellant”) submitted a request to the Complex to
inspect “[a]ll reports/records from” a specific employee “where [the employee]
submitted and authorized [the Appellant’s] medical visits to” two specific “off-site
specialist[s]” from August 1, 2022 to January 10, 2023. The Complex provided what
it considered to be all responsive records. This appeal followed.
The Appellant alleges the Complex provided him with records “that were not
what [he] requested.” The Complex claims “the requested records were provided to
[the Appellant] in full.” This Office cannot resolve factual disputes between a
requester and a public agency about the content of the records produced. See, e.g., 22-
ORD-246; 22-ORD-010; 19-ORD-083; 03-ORD-061; OAG 89-81. Consequently, this
Office is unable to find that the Complex violated the act when it provided what it
considered to be all records responsive to the 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 within 30 days
from the date of this decision. Pursuant to KRS 61.880(3), the Attorney General shall
be notified of any action in circuit court, but shall not be named as a party in thataction or in any subsequent proceedings. The Attorney General will accept notice of
the complaint e-mailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#057
Distributed to:
Carlos Harris #143261
Edward Baylous
Lydia C. Kendrick
Ann Smith