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Reed v. Superintendent, New Castle Correctional Facility

United States District Court, S.D. Indiana, Indianapolis Division

February 21, 2017

CHRISTOPHER REED, Petitioner,
v.
SUPERINTENDANT, New Castle Correctional Facility, Respondent.

          ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND DIRECTING ENTRY OF FINAL JUDGMENT

          TANYA WALTON PRATT, JUDGE

         This matter is before the Court on the Petition for Writ of Habeas Corpus filed by Christopher Reed (“Mr. Reed”) (Filing No. 1) which challenges a prison disciplinary proceeding, identified as NCF 15-10-0147, in which he was found guilty of threatening. For the reasons explained in this Entry, Mr. Reed's Petition must be denied.

         I. OVERVIEW

         Prisoners in Indiana custody may not be deprived of credit time, Cochran v. Buss, 381 F.3d 637, 639 (7th Cir. 2004), 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); Jones v. Cross, 637 F.3d 841, 845 (7th Cir. 2011); Piggie v. Cotton, 344 F.3d 674, 677 (7th Cir. 2003); Webb v. Anderson, 224 F.3d 649, 652 (7th Cir. 2000).

         II. THE DISCIPLINARY PROCEEDING

         On October 13, 2015, Officer Davis issued a Report of Conduct charging Mr. Reed with “threatening” in violation of Code B-213. (Filing No. 10-1.) The Report of Conduct states:

On the above date and time I Officer Davis was conducting a shakedown on offender Christopher Reed #985100 in K unit Pod 2 quiet room. While conducting a shakedown, Offender Reed kept entering into the quiet room yelling and cursing, which disturbed my shakedown. Offender Reed was given 3 direct orders to back away and go to dayroom. Offender Reed then came back into TV room with fist balled hovering over me. I then announced “OC” and Offender Reed walked towards me aggressively with fist still balled. I then deployed “one second” burst of OC which landed on the side of his face. A signal 10 was then called and Offender Reed was placed in cuffs.

(Filing No. 10-1).

         Mr. Reed was notified of the charge on October 14, 2015, when he was served with the Report of Conduct and the Notice of Disciplinary Hearing (Screening Report). (Filing No. 10-2.) Mr. Reed pled not guilty. Id. The Screening Officer noted that Mr. Reed wanted to get statements from the offenders in K2-303 and K2-120 and that he requested the video of the K2 dayroom. Id.

         Offender Kline submitted the following statement:

I saw him ask the CO to be carefully [sic] with his pic's [sic] of his family and the CO pulled his macs [sic] can and sprayed him just for asking him to not mess up his pic's [sic]. He never threatened the CO. He just walked up to the doorway and asked him to be carefully [sic] with his pic's [sic].

(Filing No. 10-3).

         Offender Patrick also submitted a statement:

The police were conducting a shackdown [sic] and Reed ask [sic] for a Sgt. and the officer told him to go to day room and he did then the officer was throwing his pic's [sic] of his family around and he said dont [sic] throw his pic's [sic] around and the ...

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