Update on Devvy Kidd v. Federal Bureau of Prisons (McVeigh)

Devvy Kidd
October 28, 2002

If you are unfamiliar with this lawsuit, please go to:

http://www.devvy.com/foia_20020812.html

In late September I received another set of inmate visitor log pages as a result of my Freedom of Information Act request (FOIA). This set of pages was completely different from the first visitor's log I received last year. So, now I find out they keep two sets of logs.

The 34 new log pages, 100% redacted except for the date, is from something called SCU or Special Containment Unit, as Timothy McVeigh was held apart from the general population because of his death sentence.

Once again I did not receive what I requested under my original FOIA. Immediately following receipt of these redacted pages, the U.S. Attorney's office filed a Defendant's Notice and Motion for Summary Judgment along with a big, thick sheaf of papers titled Defendant's Statement of Undisputed Facts and Points and Authorities Supporting Motion for Summary Judgment. Lots of legal lettuce.

The government's position is privacy. The dozens of alphabet soup agencies under the federal mafia don't have a problem snooping in every facet of our lives, but ask for a few pages from a visitor's log from a prison and they scream like a stuck pig.

The argument is that those who visited Timothy McVeigh had a right to privacy and that I don't have the right to know who visited this inmate. Never mind that some of those individuals have already gone public with their visits with McVeigh.

Along with the U.S.Attorney's tome, included was notification for arguments to proceed on this motion by the government. The date is November 8, 2002 at Federal District Court in downtown Sacramento, California. 10:00 am sharp.

I immediately filed an Affidavit in Opposition to the Motion for Summary Judgment. Now we're at a standstill until I appear on November 8th to see if the judge has already made up his mind or will allow me to argue my position.

Anyone taking bets? I can already see the Appeals Court in my future.