United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
Jane Magnus-Stinson, United States District Court Chief Judge
petition of Reginald Doss for a writ of habeas corpus
challenges a prison disciplinary conviction for attempted
assault on staff with bodily fluid (A-111/A-117) identified
as STP 15-10-0029. For the reasons explained in this Entry,
Mr. Doss'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 8, 2015, Ofc. M. Truex wrote a Report of Conduct
charging Mr. Doss with attempting to assault staff with
bodily fluid, offense A-111/A-117. The conduct report states:
On 10/8/2015 at approx. 2:15 PM I, Officer Truex stopped
offender Doss, Reginald DOC # 249558 because he was not
correctly dressed. Offender Doss refused to stop. Sgt. M.
Harrison intervened and again ordered offender Doss to
correct his jumpsuit that was hanging from his waist.
Offender Doss then gathered spit into his mouth stepping
towards myself, in an attempt to spit on me, at that
instance, Sgt. Burrow and Sgt. Truex arrived and placed
offender Doss into restraints and escorted offender Doss to
medical before offender Doss could spit on me.
(Dkt. 9-1, Ex. A).
October 29, 2015, Mr. Doss was notified of the charge of
attempted assault with bodily fluids (A-111/A-117) and served
with a copy of the conduct report and the screening report.
Mr. Doss was notified of his rights and pleaded not guilty.
He requested a lay advocate. Mr. Doss did not request any
witnesses or physical evidence (Dkt. 9-2, Ex. B).
November 4, 2015, a disciplinary hearing was held in case STP
15-10-0029. Mr. Doss pleaded not guilty and provided the
I got assaulted by staff down there. They told me that to get
transferred out I needed to level up. They kept trying to
provoke me but I didn't try to spit. Truax [sic] said hit
me so I could get shipped.
(Dkt. 9-4, Ex. C). The disciplinary hearing officer
(“DHO”) found Mr. Doss guilty of attempted
assault with bodily fluid. In making this determination, the
DHO considered staff reports, the statement of the offender,
and evidence from witnesses (Dkt. 9-1, Ex. A, Dkt. 9-4, Ex.
C; Dkt. 9-11, Sealed Ex. H). The DHO also stated: “DHB
finds guilty due to report, statement and evidence.”
(Dkt. 9-4, Ex. C). Due to the seriousness of the offense, the
offender's attitude and demeanor during the hearing, and
the likelihood of the sanction having a corrective effect on
offender's future behavior, the hearing officer imposed
the following sanctions: a written reprimand, 90 days'
change in work/housing, 60 days' disciplinary
segregation, 30 days' lost phone privileges, 90 days'
lost earned credit time (ECT), and a demotion from credit
class one to credit class two. Id.
Doss appealed to the Facility Head and then to the Final
Reviewing Authority, but both appeals were denied. He then
filed the instant petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254.