United States District Court, S.D. Indiana, Terre Haute Division
ENTRY GRANTING PETITION FOR WRIT OF HABEAS
Jane Magnus-Stinson, Judge
petition of Russell Boyd for a writ of habeas corpus
challenges a prison disciplinary proceeding, BTC 13-10-0204,
in which he was found guilty of threatening/intimidation. For
the reasons explained in this entry, Mr. Boyd’s habeas
petition must be granted.
in Indiana custody may not be deprived of credit time,
Cochran v. Buss, 381 F.3d 637, 639 (7th Cir. 2004),
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); Jones v. Cross, 637 F.3d
841, 845 (7th Cir. 2011); Piggie v. Cotton, 344 F.3d
674, 677 (7th Cir. 2003); Webb v. Anderson, 224 F.3d
649, 652 (7th Cir. 2000).
The Disciplinary Proceeding
October 21, 2013, Internal Affairs Officer Jeff Hendershot
issued a Report of Conduct charging Mr. Boyd with
assault/battery in violation of Code A-102. The Report of
On 9-7-2013 Offender Boyd did admit to throwing a substance
on Offender Horton 981407. Offender Boyd stated it was ice
tea. The camera system shows Offender Horton holding his
shirt away from his body right after Offender Boyd’s
actions. Offender Boyd’s actions were investigated by
the internal affairs office.
Report of Investigation of Incident was also completed, which
An investigation was conducted between the dates of 9/16/2013
and 10/21/2013 involving Offender Russell Boyd #9649 and
Offender Kenneth Horton #981407.
On 9/16/2013 an investigation was begun based on video
footage supplied to IA by the Screening Office.
Video footage showed an incident which had occurred between
Offender Horton and Offender Boyd on 9/7/2013. The video
showed that more than one fight had occurred on this date
between two offenders.
On 9/16/2013- I interviewed Offender Horton. I also took
photos of what appeared to be burns on his upper torso area.
The burns appeared to be in the healing process. Offender
Horton did admit to fighting with Offender Boyd. During the
interview he also admitted to giving Offender Boyd a soda in
exchange for two soups.
On 9/17/ 2013- IA received a statement from a staff member
who stated that Horton had admitted to him that he had hit
Boyd on ...