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Webb v. Brown

United States District Court, S.D. Indiana, Terre Haute Division

July 20, 2015

JAMES WEBB, Petitioner,
v.
DICK BROWN, Respondent.

ENTRY DISCUSSING PETITION FOR WRIT OF HABEAS CORPUS

WILLIAM T. LAWRENCE, District Judge.

The petition of James Webb for a writ of habeas corpus challenges a prison disciplinary proceeding identified as No. WVE XX-XX-XXXX. For the reasons explained in this Entry, Webb's habeas petition must be denied.

Discussion

A. Overview

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

Webb was charged with violating prison rules by possessing a dangerous or deadly weapon. He was found guilty of the charge. The evidence supporting this finding was the Report of Conduct, staff reports, a photograph of the weapon and the written statement Webb provided. The Conduct Report states:

On 10/3/13 I c/o Stuppy was preparing to do a shakedown in GHU cell 216. Both offenders were escorted to the shower to be stripped searched. I c/o Stuppy searched offender Webb, James 920832. During the search I noticed offender Webb take something from the waistband of his underwear & stick it behind him in the buttocks area, I then told offender Webb to turn around. He again went to his back with his right hand. At this time I gave offender Webb an order to give me whatever he had in his hand. He then dropped a sharpened rod, sharpened on one end with the other end rolled into a handle. I told offender Webb to toss it out of the shower he complied. I then placed the rod in my pocket.

Correctional Officer M. Petty provided a witness statement that corroborates the Conduct Report. Webb submitted the following written statement, dated October 10, 2013:

On Dec. 25, 2011 I woke up in the outside hospital with my head busted open and my teeth knot [sic] out of my mouth.
On Dec. 27, 2011 I.A. interview me in the prison hospital and ask me what happen. I thought I fell off the bed, because I didn't know. I did not remember! At that time I was told by I.A. that I was attack by the guy in the cell with me.
To this day I don't know why I was attack and don't remember the attack, but I was almost kill that night!
For that reasons I will always protect myself. As long as I'm in a two man cell, I will defend myself. Self Defense!
I didn't know the man, and gave him no reason to almost kill me, but I.A. said that what he did. I will not allow it to ...

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