25-ORD-035
February 6, 2025
In re: Joseph Hunt/Luther Luckett Correctional Complex
Summary: The Luther Luckett Correctional Complex (“the Complex”)
did not violate the Open Records Act (“the Act”) when it denied a request
for records that posed a security threat under KRS 197.025(1).
Open Records Decision
Joseph Hunt (“Appellant”) submitted a request to the Complex seeking “a copy
of a phone call” with a specific phone number at a particular date and time. In
response, the Complex provided the Appellant with a phone log documenting the
phone call but withheld a recording of the phone call under KRS 197.025(1), which is
incorporated into the Act by KRS 61.878(1)(l). The Complex explained that disclosing
phone recordings “could enable inmates to learn how phone calls are monitored.” 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.” The 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). In particular, the
Office has consistently upheld the denial of recorded inmate phone calls under
KRS 197.025(1) because such recordings are made for the purpose of institutional
security, and disclosing them would constitute a threat to the security of an
institution by enabling inmates to learn which calls are monitored. See, e.g., 24-ORD-
240; 23-ORD-338; 17-ORD-116; 15-ORD-118; 15-ORD-030. Because the Complex
offers the same rationale here, it did not violate the Act when it denied the Appellant’s
request for copies of a recorded phone call.25-ORD-035
Page 2
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
#015
Distributed to:
Joseph Hunt #323085
Michelle Harrison, Executive Advisor, Justice and Public Safety Cabinet
Renee Day, Paralegal, Justice and Public Safety Cabinet
Ann Smith, Executive Staff Advisor, Justice and Public Safety Cabinet