United States District Court, S.D. Indiana, Indianapolis Division
FRANK L. JONES, Petitioner,
SUPERINTENDENT New Castle Correctional Facility, Respondent.
ENTRY DISCUSSING PETITION FOR WRIT OF HABEAS
J. McKINNEY, JUDGE
petition of Frank Jones for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
NCN 15-10-0022. For the reasons explained in this Entry,
Jones's habeas petition must be denied.
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
October 6, 2015, Internal Affairs Officer Dunn issued a
Report of Conduct charging Jones with possession of a
cellular device in violation of Code A-121. The Report of
On the above date and approximate time I, Investigator Dunn,
completed my investigation regarding Frank Jones #912612
attempting to introduce contraband into New Castle
Correctional Facility. On 9/24/15 I. A. Dunn received a phone
call from mailroom supervisor, Jenny Gibson regarding
offender Frank Jones #912612 television that was received at
the facility. Mailroom supervisor Gibson advised Internal
Affairs to come look at the television because there were
items inside it. Myself and Investigator Williams reported to
the mailroom to take the television apart and pulled out four
bags of tobacco weighing 8.1 oz. Captain Rice, UTM Price, and
myself brought the television in the box to UTM Price's
office in O-Unit. Offender Jones was brought to UTM
Price's office to accept the television. Jones was asked
if he sent out his television to be repaired, Jones stated
yes. Offender Jones was asked to sign a paper acknowledging
he received his television. Offender Jones signed the paper
taking ownership of his television. Jones was then instructed
to remove the television from the box. Offender Jones left
UTM Price's office with his television. As Jones was
walking thru the main door to O-Unit, I advised Jones to put
the television down and advised Jones that 12 cell phones
were confiscated out of his television and that he would be
receiving a conduct report.
was notified of the charge on October 9, 2015, when he was
served with the Report of Conduct and the Notice of
Disciplinary Hearing (Screening Report). The Screening
Officer noted that Jones refused screening, thereby refusing
any witnesses or evidence. Several Incident Reports were
completed prior to the Report of Conduct being issued. One of
the reports was completed by Officer J. Gibson and states:
On the above date and time, I J. Gibson was going through the
packages, when I came across a box that had been refused from
Pen Products from offender Frank Jones 912612 01-108A. Box
was suspicious as it had return label from Michigan City but
was appearing to be sent from offender Jones 912612 out for
repair. I J. Gibson opened the box and noticed a foul smell.
I J. Gibson took the TV out and noticed there was contraband
inside. I.A. Williams was notified right away. Property was
turned over to I.A. Williams.
the reports was written by Captain S. Rice and states:
On the above date and time, I Captain S. Rice witnessed IA J.
Dunn and I.A A. Williams open a TV with offender Frank Jones
912612 01-108A name engraved on it. As I.A Dunn removed the
back of the TV, he removed 12 cell phones, some green leafy
substance, a brown leafy substance, a scraper and a tube of
super glue. After all contraband was removed, I.A Dunn and
myself placed the TV back in the box and took it to offender
Jones. Offender Jones was ask[ed] if the TV belong[ed] to him
and he said yes and signed for it. I.A Dunn then confiscated
the TV and advised offender Jones he would be receiving
conduct for the contraband.
Williams also completed an Incident Report that states:
On the above date and time, Mailroom Supervisor Gibson
contacted Internal Affairs regarding a suspicious package
received through the mailroom. Upon arrival, Mrs. Gibson
stated the television was not sent out through the facility
but sent by an outside person to PEN products. PEN products
did not open the package, rejected it, and it was sent to the
return address on the box. The return address on the package
was to Frank Jones #912612, New Castle Correctional Facility.
The package contained a television with Frank Jones' name
and DOC # on it. Inside the television were 12 cell phones,
mar[i]juana, tobacco, box cutters, black electrical tape, ...