23-ORD-236
September 5, 2023
In re: Quandarious Taylor/Green River Correctional Complex
Summary: The Green River Correctional Complex (the “Complex”) did
not violate the Open Records Act (“the Act”) when it denied inspection
of records the disclosure of which would pose a security threat under
KRS 197.025(1).
Open Records Decision
Inmate Quandarious Taylor (“Appellant”) submitted a request to the Complex
for “all incident report[s]” from June 10, 2023, and documentation related to
Corrections Policies and Procedures (“CPP”) 9.1. The Complex denied the request
under KRS 197.025(1), which is incorporated into the Act under KRS 61.878(1)(l).
This appeal followed.
Under KRS 197.025(1), “no person shall have access to any records if the
disclosure is deemed by the commissioner of the department or his designee to
constitute a threat to the security of the inmate, any other inmate, correctional staff,
the institution, or any other person.” Here, the Complex asserts disclosure of records
would pose a security threat by potentially causing “discord between inmates and
potential retaliation” because the records “contain information concerning other
inmates.” Furthermore, the Complex states the records would reveal “information
related to investigations and disciplines” resulting from cell searches, contraband
seizures, and gang affiliation.
This Office has historically deferred to the judgment of correctional facilities
in determining whether the release of certain records would constitute a security
threat under KRS 197.025(1), including records in which the requesting inmate ismentioned by name. See, e.g., 22-ORD-195. In particular, this Office has upheld the
denial of records that could cause discord between inmates or reveal investigative
techniques. See, e.g., 23-ORD-049; 22-ORD-249; 16-ORD-247. Therefore, under the
facts of this appeal, this Office defers to the judgment of the Complex to determine
whether the release of the incident report would pose a security threat under
KRS 197.025(1). Accordingly, the Complex did not violate the Act when it denied
inspection of those records.
A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court under KRS 61.880(5) and KRS 61.882 within 30 days from
the date of this decision. Under 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 that action or in
any subsequent proceedings. The Attorney General will accept notice of the complaint
emailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#346
Distributed to:
Quandarious Taylor #285046
Amy V. Barker
Lydia C. Kendrick
Ann Smith