United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
WALTON PRATT, JUDGE
petition of John Haga (“Haga”) for a writ of
habeas corpus challenges a prison disciplinary proceeding
identified as No. NCF 15-03-0023. For the reasons explained
in this Entry, Haga'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 2, 2015, Sergeant Patton wrote a Conduct Report
charging Haga with assault with serious bodily injury in
violation of Code A-102. The Conduct Report states:
On the above date and approximate time I Sgt. D. Patton did
witness on the E-2 stairs . . . offender Haga #220826 strike
offender Blasko #851093 multiple times with closed fists and
strike him in his head/facial area with his feet. Offender
Blasko did have several injuries to his head/facial area.
Offender Blasko had lacerations to his nose, right eyelid and
eyebrow. Offender Blasko did result in 3 steri-strips . . .
the right eyebrow and eyelid as well as x-rays from onsite
medical staff. Offender Haga was advised he would be
receiving a conduct report for assault with serious bodily
(Filing No. 14-1 at 1).
was notified of the charge on March 10, 2015, when he
received the Screening Report. He plead not guilty to the
charge and requested three witnesses-T. Coleman, Albert M.
Goering and Aaron Moles, -a lay advocate, and the video of
three witness were fellow prisoners who provided the
following statements. T. Coleman stated, “I saw [two]
offenders fighting they were both throwing punches at each
other. Haga never assaulted Blasko.” (Filing No.
14-3 at 1). Albert M. Goering stated that he “was
at commissary when the incident occurred in E2.”
(Filing No. 14-4 at 1). Finally, Aaron Moles stated,
“I seen the whole fight against Mr. Haga and Mr.
Blasko. They both were kicking and th[ow]ing punches and this
isn't the first time the two of them had issues. I've
seen Mr. Blasko go after Mr. Haga and other offenders keep
them separated.” (Filing No. 14-5 at 1).
hearing was held on March 12, 2015. At the hearing, Haga
stated “I do not start fights, he came at me first you
did not see that.” (Filing No. 14-9 at 1).
Based on Haga's statement, the staff reports, evidence
from the witnesses, and pictures and videos of the incident,
the hearing officer found Haga guilty of assault with serious
bodily injury. The hearing officer recommended and approved
sanctions including a one-hundred-eighty-day
earned-credit-time deprivation, a credit-class demotion, and
the imposition of a suspended sanction from another
appealed to the Facility Head, but his appeal was denied.
Haga then appealed to the IDOC Final Reviewing Authority, who
also denied his appeal. He then brought this petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2254.
raises three claims in his habeas petition. The respondent
addresses each of these claims in his response brief, and
Haga did not file a reply brief. The ...