Open records statute: Shyamashree Sinha M.D. v. University of Kentucky (COA 12/19/20089)

Shyamashree Sinha M.D.  v. University of
Kentucky
Government:  Open Records Statute
2008-CA-000311
PUBLISHED: VACATING AND REMANDING
PANEL: STUMBO PRESIDING; THOMPSON, GUIDUGLI CONCUR
APPEAL FROM FAYETTE CIRCUIT COURT, HONORABLE KIMBERLY N. BUNNELL, JUDGE 
DATE RENDERED: 12/19/2008

The Court affirmed an order of the trial court denying attorney fees, costs and a per diem sum to appellant pursuant to KRS 61.882(5) for the appellee University’s failure to provide her with her graduate medical school education records and documents under the Open Records Act. The Court held that the trial court’s finding that the University improperly withheld the records but that its conduct was not willful was supported by substantial evidence. Therefore, the decision to deny the award of attorney fees and costs was not clearly erroneous. 

Digest from COA Monthly Summaries – Dec.
2008