Judge Orders LMDC to Release Withheld Records on Inmate Observer Program – Immediately

Judge Orders LMDC to Release Withheld Records on Inmate Observer Program – Immediately

LOUISVILLE, Ky. – A Jefferson Circuit Court judge has ruled in favor of the American Civil Liberties Union of Kentucky, ordering Louisville Metro Government to release records related to the Louisville Metro Detention Center’s use of incarcerated “observers.”

In the January 13th order, Judge Jessica Green reversed a prior opinion issued by the Office of the Attorney General and ordered LMDC to produce all documents it had withheld under a claimed exemption to Kentucky’s Open Records Act. The court’s order directs LMDC to release the responsive records without delay.

The records relate to LMDC’s “Inmate Observer” program, in which incarcerated individuals are used to monitor other people in custody, often during mental health or suicide-watch situations. The ACLU sought the documents as part of an ongoing investigation into how incarcerated observers are selected, trained, and supervised, and whether the program is being used safely and lawfully.

“This ruling is a clear affirmation of the public’s right to know how government institutions operate behind closed doors,” said Bethany Baxter, Staff Attorney at the ACLU of Kentucky. “When lives are at stake, transparency is not optional. The court recognized that LMDC cannot shield these records from public scrutiny by stretching exemptions beyond their limits.”

Since 2021, at least 22 people have died while in the care of the Louisville Metro Department of Corrections, many by suicide.

The ACLU of Kentucky will review the records once they are produced and continue its work to ensure transparency, accountability, and humane treatment for people incarcerated in Kentucky facilities.