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 for a writ of habeas corpus challenges
a prison disciplinary proceeding identified as No. NCF
15-06-0072. For the reasons explained in this Entry, Mr.
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, Officer Manzo wrote a Conduct Report charging
Mr. Haga with assault on staff in violation of Code A-11. The
Conduct Report states:
On above date and approximate time I Ofc Manzo and my partner
Ofc Bates were conducting showers in RHU. When we went to
restrain Off Haga J #220306 as we approached the shower to
restrain Off Haga, he smacked . . . a cup from med line on
the cuff port ledge that said cup and an unknown substance
and the cup and substance flew toward my partner and I. I
Ofc. Manzo asked Off Haga “really why did you do
that?” Off Haga stated “because I've been in
this shower for (2) two hours.” I informed Off Haga
that it was unnecessary to do that. As we began to walk down
range to Off Haga's cell, he began speaking in vulgar and
profane language and while doing so he also began to tense
his body and clench his fists in an aggressive manner. As my
partner and I reached cell #112 to place Off Haga back inside
his cell we opened the cuff port to unrestrain him. As we
unrestrained his left hand Off Haga turned around as he
normally would but as he turned he snapped his hand into a
fist and pulled his arm into his cell with his right hand
still restrained. At this time my partner and I pulled the
lead and cuffs back through the cuff port and was able to get
a hold of Off Haga's hands and secure them on the cuff
port ledge to unrestrain and secure the cuff port. At this
time I Ofc Manzo did a body check and noticed I had sustained
a cut on my left wrist & left index finger. No other
injuries to report. End of Report.
Filing No. 17-1 at 1-2.
Bates submitted a witness statement, which stated the
On the above date and approx. time I Ofc Bates was escorting
offender Haga, John #220826 from the shower to his assigned
cell RHU 112. During the course of the escort Off Haga was
tense and verbally aggressive. Off Haga was placed in his
cell and Ofc Manzo removed the wrist restrain from Off
Haga's left Hand. At this time Off Haga spun to his right
and clenched his right hand into a fist and pulled his right
arm inside the cuffport of his cell. I Ofc Bates maintained
control of the lead strap and my partner maintained his
control of the wrist restraints. In pulling the handcuffs
inside his cuffport Off Haga injured Ofc Manzo's hand and
broke the clasp of the RHU restraint lead strap. I Ofc Bates
and Ofc Manzo were able to gain control of Off Haga's
wrists and remove the wrist restraint from Off Haga's
right wrist and secure the cuffport of cell RHU 112. At this
time it was discovered that Officer Manzo's wrist watch
was broken during the incident. RHU unit sgt was notified of
the incident. End of Report.
Filing No. 17-2 at 1.
Haga was notified of the charge on June 11, 2015, when he
received the Screening Report. He plead not guilty to the
charge and requested five witnesses, a lay advocate, and the
video of the incident. There was a note in the Screening
Report from the hearing officer stating that there is no
video recording of the incident because the video system for
that area was broken.
of Mr. Haga's witnesses were fellow inmates and provided
the following statements. Fellow inmate Charles Cheeks stated
that he woke up and Mr. Haga “was being assault[ed]
by staff.” Filing No. 17-4. Fellow inmate Jack Hobbs
testified that when the officers were removing Mr. Haga's
cuffs, “he was spinning around like he always do[es]
and the officer must of thought he was trying to pull in the
cuffs.” Filing No. 17-5. Another fellow inmate stated
that he heard Mr. Haga say “why are you doing this?
I'm not doing anything to force you to be aggressive with
me, ” which he contends made it obvious that “the
officers were being aggressive.” Filing No. 17-6.
Finally, Nurse Davis and Officer Pew both testified that they
were not present during the incident in question. Filing No.
17-7; Filing No. 17-8.
hearing was held on June 23, 2015. Mr. Haga stated at the
hearing, “I was having a seizure. You can't prove
that [Officer Manzo] did not have that cut.” Filing No.
17-12. Based on Mr. Haga's statement, the staff reports,
evidence from the witnesses, and confidential pictures of the
incident, the hearing officer found Mr. Haga guilty. The
hearing officer recommended and ...