United States District Court, S.D. Indiana, Indianapolis Division
Katherine A. Cornelius, INDIANA ATTORNEY GENERAL
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
Jane Magnus-Stinson, Chief Judge United States District
petition of Todd Monroe for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
CIC 17-03-247. For the reasons explained in this Order,
Mr. Monroe's habeas petition must be
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).
The Disciplinary Proceeding
CIC 17-03-0247 (“Unauthorized Financials
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.
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.
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
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