United States District Court, S.D. Indiana, Terre Haute Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
JANE MAGNUS-STINSON, CHIEF JUDGE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
petition of Demetrius Jones for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
RDC 16-09-0014. For the reasons explained in this Entry, Mr.
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
September 10, 2016, Sergeant Tooley wrote a Conduct Report
charging Mr. Jones with battery in violation of Code B-212.
The Conduct Report states:
On 9/10/2016 at 4:20 a.m. while review of the camera footage
of the Unit 6 restroom entrance on 9/9/2016 at 21:40,
Offender Demetrius Jones assisted other Offenders in
assaulting Offender Rodger-Potter IDOC # 185338. Offender
Jones did this by preventing Offender Potter from leaving the
restroom by grabbing a hold of him and pushing him back into
No. 8-1 at 1. Officer Truex also completed an incident
report, which states:
While reviewing camera footage from an assault in housing
unit 6 on 9/9/2016, I witnessed offender Demetrius Jones,
IDOC#108651, pulled offender Richard Rodgers-Potter, IDOC#
185338 back into the restroom. Rodgers-Potter was attempting
to escape two offenders who were attacking him in the
restroom as Jones pulled him back into the assault. Upon
further review camera footage shows Jones shove
Rodgers-Potter into the two offenders who assaulted him,
prior to the assault. These offenders were identified Tevin
Orr, IDOC#233973, and Anthony Heard, IDOC# 200677.
Filing No. 8-2 at 1. Although the incident occurred at
Heritage Trails Correctional Facility (“HTCF”),
the Conduct Report was written the next day when Mr. Jones
had been transferred to the Reception Diagnostic Center
(“RDC”). Filing No. 8-4 at 1.
Jones was notified of the charge on September 12, 2016, when
he received the Screening Report on the incident. He plead
not guilty to the charge, requested a lay advocate, requested
the victim as a witness, did not request any physical
evidence, and waived twenty-four notice of the hearing.
Filing No. 8-5 at 1.
hearing was held on September 15, 2016. After reviewing the
Staff Reports, Mr. Jones's statement that he did not
assault the victim, and the video evidence, the hearing
officer changed the charge from battery to aiding an assault
and found Mr. Jones guilty of that offense. The hearing
officer stated that “Jones did not assault the offender
but did hold him up (stop him) when [the offender was] trying
to escape.” Filing No. 8-7 at 1. Mr. Jones's
sanctions included a sixty-day earned-credit-time deprivation
and a suspended credit-class demotion.
Jones appealed to Facility Head and to the IDOC Final
Reviewing Authority, and as discussed further below, both of
his appeals were denied. He then brought this petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2254.