United States District Court, S.D. Indiana, Indianapolis Division
STEVEN B. BOWLING, Petitioner,
PLAINFIELD CORRECTIONAL FACILITY, Respondent.
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
William T. Lawrence, Judge
petition of Steven Bowling for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
IYC 15-11-0132. For the reasons explained in this Entry, Mr.
Bowling'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
November 12, 2015, Lieutenant Kent wrote a Conduct Report
charging Mr. Bowling with assault/battery in violation of
Code B-212. The Conduct Report states:
On 11/12/2015 I Lt. C. Kent completed my Report of
Investigation on the assault of Offender Lawson, Calvin
#196062. It was found on the camera system on 10/19/2015 at
approximately 5:38pm of G-Unit Middle bed area camera that
Offender Isaacs, Elijah #238167 had been engaged in a verbal
confrontation with the Offender Yates Kevin #198425. After
several minutes Offender Yates along with the following
offenders Harris, Gary #249033, Forest, Antonio #149813, and
Bowling, Steven #113869, began to strike offender Isaacs in
the facial and body region with close handed fist. The fight
continued in the middle of the bed area and then moved down
toward the latrine door and lasted for approximately 5
minutes. After reviewing the video in the latrine area it was
found that Offender Kelley, Travis #194195 exchanged words
with Isaacs and then threw several closed handed punches
striking Isaacs in the facial region.
Filing No. 18-1 at 1.
Kent also wrote a report summarizing his investigation, which
On 10-21-2015 I Lt. C. Kent began investigating an assault
that took place on 10-19-2015, that involved Offender Lawson,
Calvin #196062. Offender Lawson had been found on 10/20/2015
with abrasions and contusion on his facial region. During the
review of the camera for G-Unit Middle beginning at 5:38pm
the following Offenders Cox, Recole #117225, Fox, Ramon
#932844, Coleman, Demetrius #163662, Smith, Raymond #132440,
and Keeylen, Kenneth #911471 were found to begin arguing with
Offender Lawson and then began to assault him. The fight
started in the middle of G-Unit bed area and continued down
rows 3 and 4 toward the back. While reviewing the camera at
the same time and in the same location Offender Isaacs,
Elijah #238167 can be seen being assaulted by Offender Yates,
Kevin #198425 G2 2U, Harris Gary #249033, Forest, Antonio
#149813, and Bowling, Steven #13869 by striking him with
closed fist in the facial and body region. After monitoring
the cameras for the bed area I began to monitor the camera
for the latrine area when Offender Isaacs can be seen passing
by Offender Kelly, Travis #194195. The 2 offenders had a
short conversation and then moved toward the sink area where
offender Kelly is observed striking offender Isaacs multiple
times and then they separate and walk away. Offender Lawson
is then seen stumbling in to the latrine area and attempted
to exit through the dayroom when offender Carson, Anthony
#178561 began pushing and pulling the offender away from the
door and in to the shower not allowing the offender to exit
the dorm. During questioning of the offenders involved in the
assault, none of them would admit to anything taking place
and or what the Assault was over. Offender Isaacs claims that
he was just sticking up for Lawson and that what happened was
wrong. When questioning offender Lawson he claims that the
other accused him of stealing a package but they had the
Filing No. 18-1 at 2-3.
Bowling was notified of the charge on November 17, 2015, when
he received the Screening Report. He plead not guilty to the
charge and, among other things, requested the video of the
incident. The hearing officer determined that allowing Mr.
Bowling to view the video would jeopardize the safety and
security of the facility, thus he prepared a video summary.
The video summary states:
On the date and time above, I DHO J Faudree reviewed the G
Unit latrine/G Unit middle cameras for an incident that
occurred on 10/19/15. After reviewing the cameras I clearly
observed at 5:42:48PM Offender Yates #198425 with his right
fist strike Offender Isaacs #238167 in the jaw. Isaacs then
returns with a strike with his right fist to Offender Yates
jaw. Yates then grabs Isaacs and puts him in a head lock. At
5:42:50PM Offender Harris #249033 and Offender Smith #132440
both strike Offender Isaacs what looked to be the side of the
torso area. At 5:42:51PM Offender Bowling #113869 is clearly
observed kicking Offender Isaacs with his left foot in the
torso and head area and Offender Harris is clearly observed
kicking Isaacs with his right foot striking him in the torso
and head area. At 5:42:53 Bowling is observed striking Isaacs
with his right fist in the head and back. This happens
multiple times. Then I clearly observed ...