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Borders v. Brown

United States District Court, S.D. Indiana, Terre Haute Division

December 29, 2016

LORENZO BORDERS, Petitioner,
v.
DICK BROWN Supt., Respondents.

          ENTRY DISCUSSING PETITION FOR WRIT OF HABEAS CORPUS

          Hon. William T. Lawrence, Judge.

         The petition of Lorenzo Borders for a writ of habeas corpus challenges a prison disciplinary proceeding identified as No. WVD 15-04-0003. For the reasons explained in this Entry, Borders's habeas petition must be denied.

         Discussion

         A. Overview

         Prisoners 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).

         B. The Disciplinary Proceeding

         On April 2, 2015, Officer Jensen issued a Report of Conduct charging Borders with possession of cellular device. The Report of Conduct states:

On 4/2/15 at approx. 1016 am I c/o Jensen witnessed offender Borders, Lorenzo DOC #946042 near cell 104. Offender Borders then tossed a small device wrapped in shrink wrap under cell 104.

         Borders was notified of the charge on April 6, 2015, when he was served with the Report of Conduct and the Notice of Disciplinary Hearing (Screening Report). The Screening Officer noted that Borders wanted to call Offender Keith Payton, Sergeant Mifflin, and Officer Jensen as witnesses. Borders also requested the video in front of cell 104

         Officer Jensen provided a statement that said, “Offender Payton pulled out some pictures and that is when Offender Borders said ‘That is what I passed to him[.]' Offender Payton then said ‘yes that is what he gave me.' I c/o Jensen stand by my conduct report.'” Dkt. 10-7.

         Sergeant Mifflin also provided a statement:

I Sgt B. Mifflin during the incident was not present. I showed up when Offender Payton and Offender Borders were in the lower shower being strip[] search[ed] by c/o Jensen. During this time frame pictures (2 small) were handed over by Offender Payton. Offender Borders stated that those pictures is [sic] what he put under the door of Offender Payton. Offender Payton stated this to be what happened also.

         Dkt. 10-8.

         Offender Payton stated, “I don't have nothing to say on his ...


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