March 19, 1997

In re: Keith D. Phillips/Eastern Kentucky Correctional Complex

Open Records Decision

This matter having been presented to the Attorney General in an appeal under the Open Records Act, and the Attorney General being sufficiently advised, we find that Eastern Kentucky Correctional Complex properly relied on KRS 197.025 in denying Keith D. Phillips's February 10, 1997, request to inspect documents described as “Classification Review Sheets for ESU Placement/Results, Period (March 96 to present), ESU Eligibility Listing (Inmates awaiting placement in ESU) current.” We believe that 97-ORD-33, and in particular the discussion at pages 3 and 4 of that decision, is controlling. A copy of the decision is attached hereto and incorporated by reference. Based on Mr. Phillips's file which “reflects a manipulative history, instigating conflicts between fellow inmates, staff, as well as between staff and inmates,” we find that disclosure of these records to him would constitute a threat to the security of the institution generally.

A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.

A. B. Chandler III

Attorney General

Thomas R. Emerson

Assistant Attorney General



Distributed to:

Keith D. Phillips

Kilby Corrections Facility

Route 5, Box 125

Mt. Meigs, AL 36057

Kathy Litteral

Program Director

Eastern Kentucky Correctional Complex

P. O. Box 636

West Liberty KY 41472-0636

Tamela Biggs

Staff Attorney

Department of Corrections

State Office Building

Frankfort KY 40601