United States District Court, S.D. Indiana, Terre Haute Division
STEPHEN B. WYATT, Petitioner,
BRIAN SMITH Superintendent, Respondent.
ENTRY DISCUSSING PETITION FOR WRIT OF HABEAS
William T. Lawrence, Judge
petition of Stephen B. Wyatt for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
ISF15-10-0119. For the reasons explained in this Entry,
Wyatt'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
brings the current action pursuant to 28 U.S.C. § 2254
challenging a prison disciplinary conviction for
“attempt to give and receive” after a hearing
that took place at the Putnamville Correctional Facility. The
sanctions imposed included a written reprimand, a restriction
of phone privileges, and the deprivation of 30 days of earned
credit time. The Hearing Officer imposed the sanctions
because of the seriousness of the offense and the degree to
which the violation disrupted or endangered the security of
October 15, 2015, DH Crowley issued a Report of Conduct
charging Wyatt with attempted giving and receiving in
violation of Code B-240/233 (Ex. A-1). The Report of Conduct
On 10/5/15 at approximately 1500 pm, I DH Crowley-Aramark
FSS, witnessed as Offender Stephen Wyatt (DOC # 161154)
passed a plastic wrapped tray out of the Diet window under
the offender's Lacto-Ovo tray. I reached out to take back
the wrapped tray when Offender Wyatt (DOC # 161154) took
ahold of the tray and threw it away in a nearby trash can
stating, “It's only bananas.” I retrieved the
wrapped tray from the trash and opened it to find nine (9)
Barbeque beef patties inside. The tray was marked High
Calorie High Protein with the Offender's name on it.
Offender Wyatt (DOC # 161154) was advised of this CAB and was
identified by his state ID.
was notified of the charge on October 12, 2015, when he was
served with the Report of Conduct and the Notice of
Disciplinary Hearing (Screening Report). The Screening
Officer noted that Wyatt did not want to call any witnesses
or request any evidence.
Hearing Officer conducted a disciplinary hearing on October
16, 2015. The Hearing Officer noted Wyatt's statement:
This was my second day on the job. Was at law lib. Got to
work right before serving. There is a lot of guys that get a
tray that is wrapped . Aramark Heather was standing right
next to me and I pushed it out the window just like I did the
day before. Then she grabbed the tray and said what is this.
I said figured bananas. Then threw it in the trash and
everything. I wasn't there when these were made.
(Exh. D). Relying on the staff reports and the statement of
the offender, the Hearing Officer determined that Wyatt had
violated Code B-240/233. The sanctions imposed included a
written reprimand, a restriction of phone privileges, and the
deprivation of 30 days of earned credit time. The Hearing
Officer imposed the sanctions because of the seriousness of
the offense and the degree to which the violation disrupted
or endangered the security of the facility.
filed an appeal to the Facility Head on October 19, 2015. The
appeal was denied on November 19, 2015. Wyatt then appealed
to the Final Review ...