25-ORD-071
March 20, 2025
In re: Jeffrey Gegler/Kentucky State Police
Summary: The Kentucky State Police (“KSP”) did not violate the Open
Records Act (“the Act”) when it denied inspection of a video depicting the
death of a person under KRS 61.878(1)(q).
Open Records Decision
Jeffrey Gegler (“the Appellant”) submitted a request seeking “all surveillance
footage provided to the KSP” by a particular medical facility “from the incident on
November 6, 2024 that resulted in the death of [a] patient.” In response, KSP denied
the request under KRS 61.878(1)(h). This appeal followed.
On appeal, KSP now asserts the records are also exempt under both
KRS 61.878(1)(h) and KRS 61.878(1)(q). The latter exempts from inspection
“photographs or videos that depict the death, killing, rape, or sexual assault of a
person.” KSP explains that the responsive surveillance footage “captures the killing
of an individual” and is, therefore, exempt. Indeed, the Appellant specifically
requested footage “from the incident . . . that resulted in the death of [a] patient.”
Accordingly, KSP did not violate the Act when it withheld surveillance footage
depicting the death of a person under KRS 61.878(1)(q).1
To rebut this conclusion, the Appellant states that KRS 61.878(1)(q) is
applicable “[e]xcept as provided by KRS 61.168,” and he directs the Office to
KRS 61.168(5)(a). But KRS 61.168 governs the disclosure of “body-worn camera
recordings,” which are defined as “a video or audio recording, or both, that is made
by a body-worn camera during the course of a public safety officer’s official duties.”
KRS 61.168(1)(b) (emphasis added). Here, the Appellant requested “surveillance
1
Because the surveillance footage is exempt under KRS 61.878(1)(q), the Office need not address
KSP’s alternative arguments under KRS 61.878(1)(h).footage” provided to KSP by a medical facility. Thus, the footage is not a “body-worn
camera recording[ ],” and its production is not governed by KRS 61.168.2
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
#075
Distributed to:
Jeffrey Gegler
Samantha A. Bevins, Staff Attorney III, Office of Legal Services, Justice and Public
Safety Cabinet
Stephanie Dawson, Official Custodian of Records, Public Records Branch, Kentucky
State Police
Mitchel S. Hazelett, Police Lieutenant, Kentucky State Police
Zack Morris
2
Moreover, KRS 61.168(5)(a) provides that when footage “[d]epicts an encounter between a public
safety officer where there is a use of force, the disclosure of the record shall be governed solely by the
provisions of” the Act. Here, the Act, in KRS 61.878(1)(q), makes the surveillance footage exempt.