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25-ORD-055

March 3, 2025

In re: James Harrison/Eastern Kentucky Correctional Complex

Summary: The Office cannot find that the Eastern Kentucky
Correctional Complex (“the Complex”) violated the Open Records Act
(“the Act”) because the Office cannot resolve the factual dispute between
the parties concerning receipt of a request for records.

Open Records Decision

On January 23, 2025, inmate James Harrison (“the Appellant”) allegedly
submitted a request to the Complex for certain records relating to his medical
treatment from January 15 to 23, 2025. Having received no response by February 4,
2025, the Appellant initiated this appeal.

Under KRS 61.880(1) and KRS 197.025(7), a correctional facility must respond
within five business days after receipt of a request for records. Here, the Appellant
claims the Complex failed to timely respond to his request. However, the Complex
states it did not receive the request before receiving notice of this appeal on February
6, 2025. Because the Office cannot adjudicate disputed issues of fact, such as whether
an agency received a request to inspect records, the Office cannot find that the
Complex failed to respond in a timely manner. See, e.g., 22-ORD-010. Accordingly,
the Office cannot find that the Complex violated the Act.

A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882 within 30 days
from the date of this decision. Pursuant to 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/ James M. Herrick

James M. Herrick

Assistant Attorney General

#56

Distribution:

James Harrison, #095435
Michelle D. Harrison, Esq.
Ms. Renee Day
Ms. Ann Smith

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Requested By:
James Harrison
Agency:
Eastern Kentucky Correctional Complex
Type:
Open Records Decision
Cites:
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