Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Monroe v. Knight

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

April 16, 2017

TODD MONROE, Petitioner,
v.
WENDY KNIGHT, Respondent.

          Katherine A. Cornelius, INDIANA ATTORNEY GENERAL

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

          Hon. Jane Magnus-Stinson, Chief Judge United States District Court.

         The petition of Todd Monroe for a writ of habeas corpus challenges a prison disciplinary proceeding identified as No. CIC 17-03-247[1]. For the reasons explained in this Order, Mr. Monroe's habeas petition must be denied.

         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

         1. CIC 17-03-0247 (“Unauthorized Financials Case”)

         On March 16, 2017, Intelligence Analyst Courtney Fouts wrote a Conduct Report charging Mr. Monroe with B-220, engaging in unauthorized financial transaction, in prison disciplinary proceeding No. CIC 17-03-0247. Dkt. 2-1 at 5; dkt. 10-1. The Conduct Report states:

On 3/16/2017 at 10:55 AM I, C. Fouts (Intelligence Analyst) was monitoring Offender MONROE, Todd #247933 GTL telephone calls BTN: (765) 427-4853, Dated: 03/13/2017, Time: 16:42, BTN: (765) 427-4853, Dated: 03/09/2017, Time: 14:54, BTN: (765) 721-6543, Dated: 03/08/2017, Time: 20:11, BTN: (765) 427-4853, Dated: 03/08/2017, Time: 15:52, BTN: (765) 427-4853, Dated: 03/08/2017, Time: 15:02, BTN: (765) 721-6543, Dated: 03/06/2017, Time: 15:26, BTN: (765) 721-6543, Dated: 03/05/2017, Time: 21:45, BTN: (765) 721 -6543, Dated: 03/05/2017, Time: 21:07, BTN: (765) 721-6543, Dated: 03/04/2017, Time: 12:16, BTN: (765) 721-6543, Dated: 03/03/2017, Time: 20:14 In my training experience Offender MONROE is making an unauthorized financial transaction. Offender MONROE is in clear violation of Code 220: Engaging in Unauthorized Financial Transaction.

Dkt. 2-1 at 5; dkt. 10-1.

         Mr. Monroe was notified of the charge on March 17, 2017, when he received the Screening Report. He pleaded not guilty to the --charge, requested a lay advocate, and did not request any witnesses or physical evidence. Dkt. 2-1 at 2; dkt. 10-2.

         The prison disciplinary hearing was held on March 21, 2017. According to the notes from the hearing, Mr. Monroe stated: “[t]his was somebody else on my phone not me.” Dkt. 10-4; dkt. 2-1 at 3. During the hearing, the hearing officer also considered Mr. Monroe's phone log transcripts (see dkt. 10-5), which revealed a number of calls about transferring money and paying money to different people. The following are some of the call transcripts:

BTN (765) 427-4853, Date 03/13/2017, Time: 16:42: Larry Lin Friend - Female answered
T: You never gave that money to my mom to order that other ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.