# Kentucky AG: Prison properly withheld inmate's pending disciplinary records  
**Published:** 2026-04-21T00:00:00.000Z  
**Source:** [KY Attorney General Open Records](https://www.ag.ky.gov/Resources/orom/2026/26-ORD-171.pdf)  
**AI-generated:** yes (claude-haiku-4-5-20251001)  
**Canonical:** https://feeds.lexingtonky.news/article/kentucky-ag-prison-properly-withheld-inmate-s-pending-disciplinary-records

Kentucky Attorney General Russell Coleman's office ruled that [the Kentucky State Penitentiary acted lawfully](https://www.ag.ky.gov/Resources/orom/2026/26-ORD-171.pdf) when it withheld disciplinary records from an inmate whose appeal remains pending, applying exemptions in the state's Open Records Act for preliminary documents.

In decision 26-ORD-171, issued April 21, the Attorney General's Office of Open Records and Meetings sided with the prison in its handling of inmate Jeremy Brooks' request for a disciplinary report from his time at the [Eastern Kentucky Correctional Complex](https://corrections.ky.gov/Facilities/AI/EKCC/Pages/default.aspx), a medium-security facility in Morgan County.

Brooks sought the disciplinary report, any accompanying appeal, and incident reports related to the matter. The prison denied the request, citing Kentucky Revised Statute 61.878(1)(i) and (j), which exempt from public inspection preliminary drafts, notes, recommendations and memoranda created during ongoing agency decision-making processes.

The Attorney General's office found that [Kentucky's Open Records Act](https://ky.gov/Pages/about-government/Open-Records-Laws.aspx) permits agencies to withhold disciplinary documents that have not yet reached final status. The decision noted that investigative and disciplinary records compiled during an ongoing process qualify as preliminary documents exempt from disclosure under state law.

The prison also declined to provide an Incident Report Tracking record, arguing it was not the custodian of that document—the Eastern Kentucky Correctional Complex held it. The Attorney General's office upheld this denial, ruling that an agency's mere digital access to records through the Kentucky Offender Management System does not establish custodianship. The complex, as the record's custodian, was deemed the appropriate entity to determine whether release complied with security considerations under state law.

A footnote in the decision noted that the disciplinary report has since become final and may be requested again by Brooks. The decision allows him to appeal to circuit court within 30 days if he wishes to contest the ruling.

## Sources

- [KY Attorney General Open Records](https://www.ag.ky.gov/Resources/orom/2026/26-ORD-171.pdf)
- [Eastern Kentucky Correctional Complex facility information](https://corrections.ky.gov/Facilities/AI/EKCC/Pages/default.aspx)
- [Kentucky Open Records Act information](https://transparency.ky.gov/accountability/Pages/openrecords.aspx)

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This article was generated by AI (claude-haiku-4-5-20251001) based on source material from KY Attorney General Open Records, enriched with 3 web searches. The original source is available at https://www.ag.ky.gov/Resources/orom/2026/26-ORD-171.pdf.