United States District Court, S.D. Indiana, Terre Haute Division
DONTAY D. MARTIN, Petitioner,
DUSHAN ZATECKY, Superintendent, Respondent.
ENTRY DISCUSSING PETITION FOR WRIT OF HABEAS
William T. Lawrence, Judge.
petition of Dontay D. Martin for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
WVE 16-02-0066. For the reasons explained in this Entry,
Martin'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).
February 8, 2016, Internal Affairs Officer Robert Storm
issued a Report of Conduct charging Martin with battery in
violation of Code A-102. The Report of Conduct states,
“On 1-28-2016, at approx. 7:43pm, I Investigator Robert
Storm learned that offender Damon Ha[m]ton #248048, had been
stabbed in the back on the north yard. Please see the
attached investigation Report.”
accompanying Report of Investigation of Incident states:
On 1-28-16, offender Damon Hampton #248048, was stabbed in
the back. I Investigator Robert Storm conducted several
interviews. During the interviews two different offenders
(confidential informant #29, and confidential informant #30)
named Dontay Martin as the assailant. Both informants were
asked if they would be able to pick Martin out of a photo
line-up. Both stated they would. A photo lineup was provided
of six different offenders with similar facial features
including skin color, and hair color. The photos were
numbered 1-6. Both informants identified offender Martin.
8-1 at 2. Martin was notified of the battery charge on
February 10, 2016, when he was served with the Report of
Conduct and the Notice of Disciplinary Hearing (Screening
Report). The Screening Officer noted that Martin did not
request any physical evidence, but he did request statements
from four offender witnesses. Those witnesses include
Offender Joe Myers, Offender Jeffery Hunt, Offender Josiah
Thomas and Offender Damon Hampton. Dkt. 8-2. Based on this
request the following statements were provided.
Joe Myers states:
Dontay was in my presence during the time when everything was
going on, like I told I.A.; we left the gym, came to the
dorm, when we saw some individuals trying to jump on another
individual, we tried to stop it, but were unsuccessful. I
never saw him hurt anyone, we were trying to stop this from
happening. Check the cam[e]ra. It will show this.
8-3 (capitalization modified).
Jeffery Hunt states, “I inmate [H]unt 247871 on the
date of incident 1/28/16, did not witness inmate [D]ontay,