United States District Court, S.D. Indiana, Terre Haute Division
JERRY D. BOYD, Petitioner,
RICHARD BROWN, Respondent.
PETITION FOR WRIT OF HABEAS CORPUS AND DIRECTING ENTRY OF FINAL JUDGMENT
WILLIAM T. LAWRENCE, District Judge.
The petition of Jerry Boyd for a writ of habeas corpus challenges a prison disciplinary proceeding identified as case number BTC XX-XX-XXXX. For the reasons explained in this Entry, Boyd's habeas petition must be denied.
Prisoners in Indiana custody may not be deprived of good-time credits, Cochran v. Buss, 381 F.3d 637, 639 (7th Cir. 2004) ( per curiam ), or of credit-earning class, Montgomery v. Anderson, 262 F.3d 641, 644-45 (7th Cir. 2001), without due process. The due process requirement is satisfied with the issuance of advance written notice of the charges, a limited opportunity to present evidence to an impartial decision maker, a written statement articulating the reasons for the disciplinary action and the evidence justifying it, and "some evidence in the record" to support the finding of guilt. Superintendent, Mass. Corr. Inst. v. Hill, 472 U.S. 445, 454 (1985); Wolff v. McDonnell, 418 U.S. 539, 570-71 (1974); Piggie v. Cotton, 344 F.3d 674, 677 (7th Cir. 2003); Webb v. Anderson, 224 F.3d 649, 652 (7th Cir. 2000).
B. The Disciplinary Proceeding
On February 8, 2012, Internal Affairs Investigator Hendershot wrote a report of conduct ("conduct report") charging Boyd with Class A offense 100, violation of the law, specifically, obstruction of justice in violation of Indiana Code § 35-44-3-4. Ex. A. The conduct report stated:
On 1/29/2012 Offender Jerry Boyd #993675 obstructed justice when he assaulted an officer in the dormitory. The officer was in the process of taking control of a blue sock cap containing an unknown object when Offender Boyd assaulted the officer and then jumped over a cube wall to flee from the officer. During this process the blue sock cap with unknown object inside disappeared and could not be used for evidence in this case.
IC #35-44-3-4- states: obstruction of justice #3) a person who alters, damages, or removes any record, document, or thing with intent to prevent it from being produced or used as evidence in any official proceeding or investigation.
Dkt. 17-1. Investigator Hendershot also wrote a report of investigation of incident:
An investigation was conducted between the dates of 1/30/2012 and 2/8/2012 involving Offender Jerry Boyd #993675.
On 1/29/2012 Offender Jerry Boyd was found by an officer in the dorm sitting on the floor in cube 10. He was off sides at the time. The officer observed the offender placing an object into a blue sock cap. The officer approached him and ordered him to remain on the floor. The offender ignored the order and rose from the floor. The offender then struck the officer in the face and then jumped over the wall into cube 11 where he tried to flee. The offender was apprehended by another officer who cuffed him and had him escorted to segregation. When the first officer went back to retrieve the blue sock cap and object hidden inside they were both gone.
Based on the fact that the evidence disappeared when the offender chose to flee from the officer I will be issuing this offender a 100A ...