Skip navigation
× You have 2 more free articles available this month. Subscribe today.

Kentucky Prisoners Requesting Account Statement Must Pay Required Fee

Pro se Kentucky State prisoner Michael Friend appealed a court's dismissal of his action to compel the Kentucky State Reformatory Warden to provide him with a copy of his account ledger at no charge. The court affirmed dismissal because payment was statutorily required.

Friend allegedly requested the documents in 1982 under the Kentucky Open Records Act (KORA). Chief clerk Walter Powell called Friend to his office to endorse an insurance check for placement into his account.
Powell denied receiving the request and told him that he could view the documents but could not be given a copy. Upon his second request Captain Haag admittedly thrust the request violently into Friend's pocket. Haag claimed his actions were due to Friend's loud and unruly nature. After the action was filed the warden offered the documents to him at a rate of ten cents per page. The court dismissed the action as "not a matter for public scrutiny." Friend appealed.

The Court of Appeals of Kentucky held that the proposed fee and subsequent dismissal was proper under the KORA even though the court reached the correct result applying the wrong reasoning. See: Friend v. Rees, 696 S.W.2d 325 (Ky. App. 1985).

As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

Related legal case

Friend v. Rees