25-ORD-126
May 15, 2025
In re: Amanda Kirby/Kentucky State Police
Summary: The Office cannot find that the Kentucky State Police
(“KSP”) violated the Open Records Act (“the Act”) because the Office
cannot resolve the factual dispute between the parties regarding
whether the records produced were responsive to the Appellant’s
request.
Open Records Decision
Amanda Kirby (“Appellant”) submitted a request to KSP for “any and all
records” related to a specific address from January 1, 2006, to May 1, 2024.1 KSP
granted the request and provided responsive records to the Appellant. The Appellant
initiated this appeal, claiming she was not “given documents for the requested time
frame and address.”
The Office has previously found that it cannot resolve a factual dispute
between the parties to an appeal. See, e.g., 22-ORD-010 (declining to resolve a factual
dispute that the records received were different from the records requested); 21-ORD-
163 (declining to resolve conflicting factual narratives). Here, the Appellant claims
she had “been given information after the date range requested and at different
addresses.” On appeal, KSP asserts that it “provided [the] Appellant with a copy of
all existing, responsive records it possesses[.]” Thus, a factual dispute exists between
the Appellant and KSP as to whether the records she received are responsive to her
request. The Office cannot resolve this factual dispute. Thus, the Office cannot find
that KSP violated the Act.
1
The Appellant also submitted a nearly identical request to KSP for “all information and records
for calls of service” to the same address for a more concise time period. KSP explained that all records
responsive to this request had been produced in response to the Appellant’s other request.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
#161
Distributed to:
Amanda Kirby
Samantha A. Bevins
Stephanie Dawson
Mitchel S. Hazelett
Sgt. Zack Morris
Emmalie K. Hankinson
Casey L. Roberts