United States District Court, S.D. Indiana, Indianapolis Division
STEVEN B. BOWLING, Petitioner,
SUPERINTENDANT Plainfield Correctional Facility, Respondent.
ENTRY DISCUSSING PETITION FOR WRIT OF HABEAS
WALTON PRATT, JUDGE
petition of Steven B. Bowling for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
IYC15-04-0131, in which he was found guilty of possession of
a controlled substance. For the reasons explained in this
Entry, Bowling'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
April 7, 2015, Sergeant Z. Williams wrote a Report of Conduct
that charged Bowling with violating offense 202-B, Possession
of a Controlled Substance. The Conduct Report states:
On 4-7-2015 at approximately 5:58 PM I, Sergeant Z. Williams,
was walking toward the south split just in front of South
Dorm when I observed a blue piece of folded up commissary
paper fall out of a glove on to the walk. Offender Bowling,
Steven #113869 (G1-8L) was holding the glove when I observed
the commissary paper fall onto the ground. No other offenders
were in the area at the camera time. I immediately secured
the piece of paper in my left pocket and advised Offender
Bowling to hand me his gloves. I then searched both pair of
gloves discovering no further contraband [“Jolly
Rancher” is written over “no further
contraband”]. I then opened the piece of blue
commissary paper and located inside was a grayish white
powdery substance. Offender Bowling was questioned about the
grayish white substance and said, “Williams I just
picked that up off the walk in front of the school.”
“I didn't even know what it was.” Offender
Bowling was then advised that he would be receiving a Report
Dkt. 1-1, p. 1 (Exhibit A). A picture was taken of the
Evidence Record, commissary paper, and drug test result
showing the substance tested positive for amphetamines. See
dkt. 8-2 at p.1. The test is a NIK® test (see
April 8, 2015, Bowling was notified of the charge of
Possession or Use of a Controlled Substance when he was
served with the Conduct Report and the Notice of Disciplinary
Hearing. Bowling was notified of his rights and pleaded not
guilty. He requested a lay advocate and listed three
offenders he wanted to call as witnesses. The part of the
form where Bowling requested physical evidence is hard to
read, but it appears he wanted video review and drug test
Derek Linville provided a written statement that said
“as I was walking back to the dorm from chow I saw Sgt.
Williams take a piece of candy out of offender Bowling's
gloves”. Dkt. 8-4. Offender Zachary Gootee's
written statement states, “I was coming back from chow
towards Central turned left at the South dorm
[unintelligible] Sgt. Williams ask [unintelligible] for his
glove, he shook the glove and out and a piece of candy or
something fell out.” Dkt. 8-5. Offender Derrick
Walker's written statement said that he, Walker, was the
one who had possession of the controlled substance, Bowling
had nothing to do with it, but just dropped it. Dkt. 8-6.
hearing officer reviewed the requested video and wrote a
summary that said the incident did not appear on the video
and may have taken place out of the view of the camera. In
addition there was not another camera to be reviewed in the
area. Dkt. 8-7.
hearing officer conducted a disciplinary hearing in
IYC15-04-0131 on April 29, 2015. Bowling's comment was
“Not Guilty - Sgt. Williams is mistaken. I do carry
candy in my gloves. I'm a wheelchair pusher, I don't
use drugs. There were other offenders present. Another
offender stopped me a few days later and said that the
‘stuff' was actually his” Dkt. 8-8. The
hearing officer found Bowling guilty of class B offense 202,
Possession or Use of Controlled Substance “DHO reviewed
all evidence, conduct report, video review, NIK test, photos,
C.F., offender's statement and his requested witness
statements and found Bowling 113869 guilty of a 202B.”
Dkt. 8-8. “C.F.” may have referred to the
hearing officer recommended and approved the following
sanctions: restitution of $5.00 for the NIK test, 90-day
deprivation of earned credit time, and a demotion ...