24-ORD-257
December 3, 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”)
because the Office cannot resolve the factual dispute between the
requester and the agency.
Open Records Decision
On October 18, 2024, inmate Kyle Thompson (“Appellant”) submitted, by mail,
a request to the Complex to inspect certain emails related to him. On October 28,
2024, the Appellant initiated this appeal, claiming he had yet to receive any response
from the Complex regarding his request.
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) (emphasis added). The Office has found that an
agency’s duty under the Act arises only after it receives a request to inspect records.
See, e.g., 21-ORD-019. On appeal, the Complex asserts it did not receive the
Appellant’s request until October 22, 2024.1 The Complex also asserts that, on
October 28, 2024, “it timely provided Appellant with an opportunity to inspect
responsive records[.]”
The Office has historically declined to resolve factual disputes, such as when a
public agency received a request or if the requester received an agency’s response to
1
As proof, the Complex provides a copy of the Appellant’s request, stamped “received” on October
22, 2024.their request. See, e.g., 23-ORD-071; 23-ORD-005; 22-ORD-216; 22-ORD-148; 22-
ORD-125; 22-ORD-100; 22-ORD-051; 21-ORD-163. Accordingly, the Office cannot
find the Complex violated the Act.
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/ Matthew Ray
Matthew Ray
Assistant Attorney General
#444
Distributed to:
Kyle Thompson #248317
Michelle Harrison
Renee Day
Ann Smith