United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
JANE MAGNUS-STINSON, JUDGE
petition of Nathaniel Mann for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
WVE 15-03-0019. For the reasons explained in this Entry, Mr.
Mann's habeas petition must be denied.
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).
The Disciplinary Proceeding
March 5, 2015, Internal Affairs Officer Fernell McDonald
wrote a Report of Conduct charging Mr. Mann with conspiring
or attempting to traffick in violation of Code A-111/113. The
Report of Conduct states:
On 01-13-2015 Aramark worker Chadwick Talley attempted to
smuggle tobacco into the facility. Talley was confronted and
surrendered the tobacco. Talley admitted that he was
attempting to bring it into Offender Mann Nath[aniel]
#994127. This investigation was completed today, March 3,
2015. The offender named in this charging document was in
violation of the ADPP A111/A113 in that he conspired,
attempted to conspire, aided or abetted with another to
traffick contraband into the facility.
[Filing No. 9-1 at 1.] The investigation report was issued
the same day by Officer McDonald, stating as follows:
January 13, 2015 Aramark Worker Chadwick Talley was suspected
of attempting to traffic contraband into the facility. Talley
was confronted as he attempted to enter the facility after
lunch. Talley surrendered the tobacco and admitted he was
attempting to bring the tobacco into Offender Mann,
Nath[a]niel in exchange for money. Talley admitted he has
Dated this several times in the past. Confidential informant
#17 stated Mann was involved in trafficking tobacco with
Talley. Mann was interviewed and denied involvement. I
believe Talley to be credible as he implicated himself in the
commis[s]ion of a crime. I forwarded report to Sullivan
County Prosecutor for criminal charges on Talley.
Investigation is complete as of today.
[Filing No. 9-2 at 1.]
Mann was notified of the charge on March 12, 2015, when he
received the Screening Report. He plead not guilty to the
charge. He stated that he did not want to call any witnesses,
but that he wanted “[a]ll evidence due to this conduct
report.” [Filing No. 9-3 at 1.]
hearing was held on March 17, 2015. Based on Mr. Mann's
statement, the staff reports, and the internal affairs
investigation report, the hearing officer found Mr. Mann
guilty. The hearing officer recommended and approved
sanctions, which, among other things, included a
one-hundred-eighty day earned-credit-time deprivation and a
Mann appealed to Facility Head, who denied his appeal, and to
the IDOC Final Reviewing Authority, who likewise denied his
appeal. He then brought this petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254.