24-ORD-173
July 30, 2024
In re: Kyle Thompson/Luther Luckett Correctional Complex
Summary: The Office cannot find that the Luther Luckett Correctional
Complex (“the Complex”) violated the Open Records Act (“the Act”) when
it did not respond to a request that it did not receive.
Open Records Decision
On May 30, 2024, inmate Kyle Thompson (“Appellant”) submitted two requests
to the Complex seeking two letters he sent to the Complex’s Americans with
Disabilities Act coordinator.1 Having received no response by June 27, 2024, the
Appellant initiated this appeal.
After the Appellant initiated this appeal, the Complex informed the Office that,
in response to a new request submitted by the Appellant, it had provided him with a
record responsive to one of his May 30 requests.2
Regarding the Appellant’s other request, the Complex claims it did not receive
it. Under the Act, a public agency “shall determine within five (5) [business] days . . .
after the receipt of any such request whether to comply with the request and shall
notify in writing the person making the request, within the five (5) day period, of its
decision.” KRS 61.880(1). Here, the Complex claims it did not receive the Appellant’s
request until this appeal was initiated. The Office cannot resolve factual disputes,
such as whether a public agency actually received a request. See, e.g., 23-ORD-071;
23-ORD-005; 22-ORD-216; 22-ORD-148; 22-ORD-125; 21-ORD-163. Thus, the Office
cannot find the Complex violated the Act when it did not respond to a request it claims
it did not receive.
1
One letter related to awning covers and the other related to wheelchair weight scales.
2
The Complex provided the Appellant with the letter related to awning covers. Accordingly, any
dispute regarding this request is moot. See 40 KAR 1:030 § 6.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.
Russell Coleman
Attorney General
/s/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#292
Distributed to:
Kyle Thompon#248317
Michelle Harrison
Renee Day
Ann Smith