United States District Court, S.D. Indiana, Terre Haute Division
ENTRY DISCUSSING PETITION FOR WRIT OF HABEAS
Jane Magnus-Stinson, Chief Judge
petition of Clayton McDermitt for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
ISF16-02-63. The Respondent filed a Return to the Order to
Show Cause and no reply has been submitted. For the reasons
explained in this Entry, McDermitt's habeas petition must
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
January 21, 2016, Officer Yarbrough wrote a Report of Conduct
in case ISF 16-02-0063 charging McDermitt with resisting a
staff member. The Report of Conduct states:
On 1-21-16 at approx. 2319 pm hours, I Officer Yarbrough
‘371 while conducting a property search on Offender
Clayton McDermitt DOC #157037 bunk 36D in 15 North had him
approach me from my right side pushing me forward until I was
on my knees and then grabbed both of my hands while I was
confiscating a white powder substance from a mirror on his
box. While on my knees I called a signal 10 and attempted to
apply restraints on Offender McDermitt. After several orders
to cuff up I applied the restraints and he was escorted out
of 15 North. Offender McDermitt was advised of this conduct
report and identified by State ID.
(Dkt. 8-1, Exhibit A).
February 3, 2016, McDermitt was notified of the charge of
resisting a staff member and served with the Report of
Conduct and the Notice of Disciplinary Hearing
“Screening Report.” McDermitt was notified of his
rights, pled not guilty and requested the appointment of a
lay advocate (Dkt. 8-2, Exhibit B). He requested two
witnesses, Offenders Hook and Stearnes, and requested video
evidence as physical evidence. McDermitt later waived his
request for Offender Hook as a witness. Id.
hearing officer conducted a disciplinary hearing in ISF
16-02-0063 on February 5, 2016, and found McDermitt guilty of
the charge of resisting a staff member (Dkt. 8-3, Exhibit C).
In making this determination, the hearing officer considered
and relied on the offenders' statements, staff reports,
and video evidence. The hearing officer recommended and
approved the following sanctions: a written reprimand, 30
days lost commissary privileges, a suspended 90 day
deprivation of earned credit time, a suspended demotion from
credit class I to credit class II, and imposition of a
previously suspended 60 day deprivation of earned credit
appealed to the Facility Head and Appeal Review Officer
filed this petition for writ of habeas corpus in which he
first argues that the original charge listed on the Report of
Conduct-assault on staff-was impermissibly changed to
resisting a staff member. His second and final claim for
relief is ...