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Torres v. Knight

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

April 14, 2017

RAFAEL TORRES, Petitioner,
v.
STANLEY KNIGHT, Respondent.

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

          William T. Lawrence, Judge United States District Court Southern District of Indiana Distribution

         The petition of Rafael Torres for a writ of habeas corpus challenges a prison disciplinary proceeding, IYC 16-04-0009, in which he was found guilty of unauthorized possession of personal information. For the reasons explained in this entry, Mr. Torres' habeas 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 March 25, 2016, Investigator Prulhiere issued a Report of Conduct charging Mr. Torres with unauthorized possession of personal information in violation of Code B-247. The Report of Conduct states:

Use of a Global Tel Link phone pin number or a J-Pay password by another offender who is not the owner of the pin number or password, is considered unauthorized possession or use of property of value belonging to another offender. Any offender who provides their personal Global Tel Link phone pin number or J-Pay password information to another offender, or allows another offender to use those assets under his user credentials, is in violation and is considered to be aiding in unauthorized possession of property of value belonging to another offender. Failure by the owner to protect the security of their credentials is in violation and is considered to be aiding in unauthorized possession of property of value belonging to another offender. Failure by the owner to protect the security of their credentials is not a defense in conduct violations. The below information shows a detected violation of these standards and lists the system affected, the area, date and time of the detection as well as the asset owner and unauthorized user information:
System Used in violation: Global Tel Link
Date of Offense: March 19, 2016 Date of Discovery: March 25, 2016
Time of Offense: approx 2:28 pm
Name and DOC of Offender who used unauthorized PIN or Password: Rafael
Torres 144059
Account Name/Account Number or Phone Number: ...

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