FFRF Sues Kentucky Jail for Records Related to “Night of Prayer”

FFRF is suing a Kentucky county jail for failing to comply with the Kentucky Open Records Act.

On October 6, 2017, FFRF requested records from Laurel County Jailer Jamie Mosley related to a "Night of Prayer" held at Laurel County Correctional Center (LCCC) on August 29, 2017. During that event, Laurel County citizens and churches were invited to the jail to pray for inmates, their families, their victims, and jail staff. The jail erected a tent on the premises for the event where Christian ministers, community members, and staff gathered and a local church choir performed. Inmates were taken from their cells and escorted to the tent to interact with the crowd. The main event of the evening saw attendees locking hands and forming a "prayer chain" throughout every floor of the facility.

FFRF sent four specific requests for LCCC's records related to the Night of Prayer and two specific requests for records related to substance abuse programming and religious programming. A few weeks later, Jailer Mosley provided a few responsive records, but stated that he was withholding the vast majority of the requested records based on a variety of exemptions set forth in Kentucky's state law, many of which were inapplicable and nonsensical. For example, claiming that turning over certain records would render the jail vulnerable to a terrorist attack, or that producing certain records would be overly burdensome while at the same time claiming that the jail is not in possession of the records at all.

On November 17, 2017, FFRF asked the Kentucky Attorney General's Office to review the jail's response. On December 21, 2017, the Attorney General issued a formal opinion stating that the Jailer Mosley and the Laurel County Correctional Center had violated the Kentucky Open Records Act in their response. Jailer Mosley and LCCC had 30 days to appeal that opinion but did not. Kentucky statute therefore provides that the Attorney General's opinion has the force of law. FFRF has sued to enforce that opinion.

FFRF is asking for an award of incurred costs, including reasonable attorney's fees. Additionally, it is requesting statutory penalties of up to $25 per day from the date of the request to the date of production for each document that the Laurel County Correctional Center is required to produce in this action. The case was filed in the Laurel County Circuit Court in London, KY. Michele Henry of CraigHenry PLC is handling the case on behalf of FFRF.

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