26-ORD-019 – Kyle Thompson/Green River Correctional Complex

Opinion Content:

January 15, 2026

In re: Kyle Thompson/Green River Correctional Complex

Summary: The Office cannot find that the Green River Correctional
Complex (“the Complex”) violated the Open Records Act (“the Act”)
because the Office cannot resolve the factual dispute between the
parties.

Open Records Decision

On December 1, 2925, inmate Kyle Thompson (“Appellant”) submitted two
requests to the Complex regarding his medical records. On December 8, claiming he
had received no response from the Complex, the Appellant initiated this appeal.

Under the Act, a public agency “shall determine within five (5) [business]
days . . . after the receipt of any such request whether to comply with the request and
shall notify in writing the person making the request, within the five (5) day period,
of its decision.” KRS 61.880(1). Here, the Appellant claims he submitted his requests
to the Complex on December 1, and that as of December 8, he had yet to receive any
response from the complex. On appeal, the Complex admits it received the Appellant’s
requests and asserts that, upon receipt of the requests, it “immediately mailed” a
form for the Appellant to fill out and return so that his request “would be processed.” 1

The Office has regularly found that it is unable to resolve factual disputes
between a requester and a public agency, such as whether an agency received a
request or a requester received a response to it. See, e.g., 23-ORD-276 (factual dispute

1 Specifically, the Complex states it provided a “Records Request form B-010-1-CRCC” for the
Appellant to fill out and return, but that the Appellant declined and informed the Complex that he
would file an appeal.

as to whether a requester received a response to his request). Similarly, here, the
Office cannot find the Complex violated the Act because the Office cannot resolve the
factual dispute between the parties as to whether the Appellant received the
Complex’s response to his December 1 requests.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 [email protected].

Russell Coleman
Attorney General

/s/ Matthew Ray
Matthew Ray
Assistant Attorney General

Kyle Thompson #248317
Michelle Harrison
Nathan Goens
Charles Bates
Sara Talarigo
Ann Smith

2 The Complex also states on appeal that it “provided appellant with the requested records
unredacted at no cost and provided him the opportunity to review the records as requested.”