26-ORD-170 – Jeremy Brooks/Kentucky State Penitentiary

Opinion Content:

April 21, 2026

In re: Jeremy Brooks/Kentucky State Penitentiary

Summary: The Kentucky State Penitentiary (“the Penitentiary”) did
not violate the Open Records Act (“the Act”) by denying an inmate
request for a copy of a record that does not contain a specific reference
to him under KRS 197.025(2).

Open Records Decision

On March 2, 2026, Jeremy Brooks made a request to the Penitentiary for a
copy of “the Kosher menu,” stating he is a “Kosher inmate that eats food off of a
Kosher menu.” The Penitentiary received his request on March 4, 2026, and sent a
timely response, explaining that “[f]ood menus do not contain a specific reference to
you either by name/ID# so the record is exempt from disclosure to you under
KRS 61.878(1)(l) and KRS 197.025(2).” This appeal followed.

Under KRS 197.025(2), the Department of Corrections (“the Department”)
“shall not be required to comply with a request for any record from any inmate
confined in a jail or any facility . . . unless the request is for a record which contains
a specific reference to that individual.” 1 The Appellant claims on appeal that he is
entitled to receive a copy of the Kosher menu because he is a Kosher inmate and the
Kosher menu lists the food that he is required to eat pursuant to applicable
Department Policies and Procedures. However, the Office has consistently held that
the phrase “specific reference to that individual” means the record must refer to the
inmate requester by name. See, e.g., 25-ORD-328; 23-ORD-124; 17-ORD-073. The
Office has also found that a record does not contain a “specific reference” to a
requesting inmate under KRS 197.025(2) simply because it is relevant to, pertains to,
or personally affects him. See, e.g., 23-ORD-124; 22-ORD-087; 17-ORD-119; 17-ORD-

1 KRS 197.025(2) is incorporated into the Act by KRS 61.878(1)(l), which exempts from disclosure
“[p]ublic records or information the disclosure of which is prohibited or restricted or otherwise made
confidential by enactment of the General Assembly

073. Similarly, a general reference to “offenders” or “inmates” is not a “specific
reference” within the meaning of KRS 197.025(2). 25-ORD-328.

Here, the Penitentiary confirms, both initially and on appeal, that the
requested menu lacks a “specific reference” to the Appellant. For this reason, the
Penitentiary did not violate the Act by denying the Appellant’s request under
KRS 197.025(2).

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 [email protected].

Russell Coleman
Attorney General

/s/ Michelle D. Harrison
Michelle D. Harrison
Assistant Attorney General

Jeremy Brooks, #222579, Appellant
Charles B. Bates, Staff Attorney III, JPSC
Nathan Goens, Assistant General Counsel, JPSC
Sara Talarigo, Paralegal, JPSC
Ann Smith, Executive Staff Advisor, JPSC