United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DISCUSSING PETITION FOR WRIT OF HABEAS
WALTON PRATT, JUDGE
matter is before the Court on the petition of Patrick Keith
for a writ of habeas corpus challenging a prison disciplinary
proceeding identified as No. IYC 16-03-0042. For the reasons
explained in this Entry, Keith's habeas petition must be
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
February 22, 2016, Sergeant Girdler issued a Report of
Conduct charging Keith with battery in violation of Code
B-212. The Report of Conduct states:
On 2/22/2016 at approximately 1:52 PM I, Sergeant L. Girdler,
was in the E and F unit hallway when I clearly observed
offender Keith, Patrick (164161/O1-(U) strike Offender
Pacheco, Jesse (219182/E2-12L), and offender . . . Slover,
Justin (203726/O1-7U) in E-unit day room. I ordered them to
stop and they continued to fight. I then called for first
responders via radio. I entered E-unit day room and the
offenders separated and broke up the fight. I then ordered
everyone to their bed area and cleared the day room so we
could conduct a [k]nuckle and torso check of all offenders.
All 3 offenders were identified and placed in mechanical
restraints and escorted to HSU for medical evaluation and RSH
for a review period and photographs were taken.
was notified of the charge on March 8, 2016, when he was
served with the Report of Conduct and the Notice of
Disciplinary Hearing (Screening Report). The Screening
Officer noted that Keith did not want to call any witnesses
or request any evidence. A review of the security video was
conducted and a summary was prepared that states:
On the [sic] 3/31/16 at approximately 2:30PM I, DHO J.
Peltier reviewed the E Unit Dayroom cameras for an incident
that occurred on 2/22/16. After reviewing the camera for a
timeframe of 1:50PM to 2:00PM, I clearly observe the
following: At 1:51:49, Offenders Pacheco, Jesse #219182,
Slover, Justin #203726, and Keith, Patrick #164161 engaged
each other in an altercation that continued until 1:52:27,
when Sgt. Girdler stopped the altercation.
Hearing Officer conducted a disciplinary hearing on April 8,
2016. The Hearing Officer noted Keith's statement,
“I was jumped by four guys. I had to defend
myself.” Relying on the staff report, the statement of
the offender, the photographs, and the video, the Hearing
Officer determined that Keith had violated Code B-212. The
sanctions imposed included 30 days of commissary, telephone,
and JPAY restriction, the deprivation of 90 days of earned
credit time, and the demotion from credit class II to class
III (suspended). The Hearing Officer imposed the sanctions
because of the seriousness, frequency, and nature of the
offense, the degree to which the violation disrupted or
endangered the security of the facility, and the likelihood
of the sanction having a corrective effect on the
offender's future behavior.
appeals were denied and he filed the present petition for a
writ of habeas corpus.
challenges the disciplinary action against him arguing that
the conduct report supports a fighting charge, but not a
battery charge, and that the screening ...