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
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
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).
THE DISCIPLINARY PROCEEDING
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
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).
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.
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
(Filing No. 10-3).
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 ...