United States District Court, S.D. Indiana, Indianapolis Division
KENNETH W. GIBBS, Petitioner,
WENDY KNIGHT, Superintendent, Respondent.
ENTRY DISCUSSING PETITION FOR WRIT OF HABEAS
WALTON PRATT, JUDGE
petition of Kenneth W. Gibbs for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
CIC 15-06-0257. For the reasons explained in this Entry, Mr.
Gibb'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
16, 2015, Mr. Gibbs was in the custody of the Correctional
Industrial Facility in Pendleton, Indiana. On that date,
Caseworker Jeremiah Pardue wrote a Conduct Report that
charged Mr. Gibbs with security threat group
(“STG”) in violation of code B-208. The Conduct
On June 16, 2015 at approx. 1:00 pm I caseworker Pardue was
inspecting  mail that offender Gibbs, Kenneth #30344 6B-4C
had given me. Upon inspecting the mail I determined that the
envelopes contained STG material. The items were confiscated
and turned into the DHB lockers for review.
19, 2015, Mr. Gibbs was notified of the charge and served
with a copy of the Conduct Report and a Notice of
Disciplinary Hearing “screening report.” Mr.
Gibbs was notified of his rights and pled not guilty. The
Screening Officer noted that Mr. Gibbs refused screening and
walked away, as a result he did not request any witnesses or
any evidence. [dkt. 7-4].
hearing officer conducted a disciplinary hearing on June 25,
2015. Mr. Gibbs made the following statement: This is my
House and my church. [dkt. 7-7].
hearing officer found Mr. Gibbs guilty of the charge STG.
[dkt. 7-7]. In making the guilty determination, the hearing
officer relied on the physical evidence. Based on the
hearing officer's recommendation the following sanctions
were imposed: a written reprimand, thirty (30) day loss of
phone and commissary privileges, thirty (30) day deprivation
of earned credit time, and the imposition of a suspended
sanction in CIC 15-01-025 of a thirty (30) day deprivation of
earned credit time. The hearing officer recommended
the sanctions because of the frequency and nature of the
offense, as well as the likelihood of the sanction having a
corrective effect on the offender's future behavior.
28, 2015, Mr. Gibbs appealed to the Facility Head. The
Facility Head denied the appeal on June 28, 2015 [dkt. 7-9].