23-ORD-288
October 25, 2023
In re: James A. Campbell/Luther Luckett Correctional Complex
Summary: The Luther Luckett Correctional Complex (“the Complex”)
did not violate the Open Records Act (“the Act”) when it denied an
inmate’s request for a record that does not contain a specific reference
to him.
Open Records Decision
Inmate James A. Campbell (“Appellant”) submitted a request the Complex for
a “full” copy of the “MRT Program(s) Contract with Kentucky Department of
Corrections and Napier Counseling, Inc.” In a timely response, the Complex denied
the request under KRS 61.878(1)(l) and KRS 197.025(2) because the requested record
does “not contain a specific reference to” the Appellant. This appeal followed.
Under KRS 197.025(2), a correctional facility, such as the Complex, “shall not
be required to comply with a request for any record from any inmate confined in . . .
any facility . . . unless the request is for a record which contains a specific reference
to that individual.” KRS 197.025(2) is incorporated into the Act by KRS 61.878(1)(l),
which exempts from inspection public records “the disclosure of which is prohibited
or restricted or otherwise made confidential by enactment of the General Assembly.”
The Office has historically interpreted “specific reference” to require a record mention
the requesting inmate by name. See, e.g., 22-ORD-119; 22-ORD-087; 17-ORD-119; 09-
ORD-057; 03-ORD-150. The Office has previously found a record does not contain a
“specific reference” to the requesting inmate under KRS 197.025(2) simply because it
is relevant to, pertains to, or personally affects him. See, e.g., 22-ORD-087; 17-ORD-
119; 17-ORD-073.Here, the Appellant requested a “full” copy of the “MRT Program(s) Contract
with Kentucky Department of Corrections and Napier Counseling Inc.” The Complex
denied the Appellant’s request under KRS 61.878(1)(l) and KRS 197.025(2) because
the requested record does “not contain a specific reference to” the Appellant. On
appeal, the Complex reiterates its denial of the request under KRS 61.878(1)(l) and
KRS 197.025(2) and states that the requested “contract doesn’t contain a specific
reference to the” Appellant. Accordingly, the Complex did not violate the Act when it
denied the Appellant’s request because it is not required to provide him copies of
public records that do not mention him by name.
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/ Matthew Ray
Matthew Ray
Assistant Attorney General
#433
Distributed to:
James A. Campbell #270006
Amy V. Barker
Sara M. Pittman
Ann Smith