Kentucky Attorney General Russell Coleman has ruled that the Kentucky State Police did not violate the Open Records Act when it failed to provide records it does not possess, according to a decision released May 1.

Jennifer Simpson submitted a records request to KSP seeking materials related to an Internal Affairs complaint she filed February 20, 2026. KSP provided Simpson with four internal policies related to disciplinary actions, a copy of her complaint, and the agency's response, saying these were all responsive records in its possession.

Simpson appealed, alleging KSP failed to provide a policy establishing a one-year deadline for filing Internal Affairs complaints and claiming the agency withheld other related records. According to the Attorney General's decision, the parties disputed whether the specific policy deadline information was contained in General Order AM-E-1, which KSP said it provided to Simpson.

The Attorney General's office noted it "cannot resolve factual disputes between a requester and a public agency about the content of the records produced." On the remaining records Simpson requested, the Attorney General ruled that KSP's assertion it possessed no investigative files, emails, or communications about the complaint was sufficient because no Internal Affairs investigation was conducted.

Under Kentucky law, once a public agency states a record does not exist, the burden shifts to the requester to prove the agency should possess the records. The Attorney General found Simpson's bare assertion that additional records exist did not meet this threshold, and therefore KSP did not violate the Open Records Act.

Simpson may appeal the decision to circuit court within 30 days. The ruling reflects ongoing litigation over open records access to law enforcement investigations, which remain a contentious issue in Kentucky.