United States District Court, S.D. Indiana, Indianapolis Division
STEVEN B. BOWLING, Petitioner,
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 Steven B. Bowling for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
IYC 15-11-0197, in which he was found guilty of possession of
intoxicants (hooch). For the reasons explained in this Entry,
Mr. Bowling's habeas petition must be denied.
in Indiana custody may not be deprived of good-time credits
without due process. Cochran v. Buss, 381 F.3d 637,
639 (7th Cir. 2004). 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
November 18, 2015, Sgt. R. Layman wrote a Report of Conduct
that charged Mr. Bowling with possession of intoxicants
(hooch). The Conduct Report states:
On 11-18-15, at approximately 11:10am, I, Sergeant R. Layman
was conducting a video review on a 231-B case at which time I
clearly observed and identified Offender Bowling, Steven
#113869 (G1-08L) as being involved in the use/possession of
intoxicants. The actual incident occurred on 10-16-15, with
an approximate time frame of 6:15pm to 6:25pm. With the
original 231-B case, Sgt. Eads had conducted a bed area
search of G1-14 and found a property box containing the
January 31, 2016, Mr. Bowling was notified of the charge
possession of intoxicants when he was served with the Conduct
Report and the Notice of Disciplinary Hearing. Mr. Bowling
was notified of his rights and pled not guilty. He requested
a lay advocate. He requested a witness but did not identify
any witness he wanted called. He requested the video from
6:16 pm - 6:25 pm on October 16, 2015, of the middle,
latrine, and back rows 1-2. [Dkt. 12-2]. Mr. Bowling's
request to view the video was denied because it would
jeopardize the safety and/or security of the facility. A
summary of the video recording was provided and stated:
On 12-09-2015, I, Officer Faudrae reviewed video for an
incident in South Dorm “G” Unit. I monitored
cameras G Unit Middle and South G Latrine Hall and G Unit
Back Rows 1-2.
I was able to clearly identify and observe Offender Bowling,
Steven #113869 carry a five gallon bucket from bed area G1-08
to the G latrine, pour water into the bucket and then take
the bucket to bed area G1-14. Offender Bowling is observed
spraying air freshener on several occasions while also
looking around the bed area. A second offender walks up to
the G1-14 where Offender Bowling is sitting and I observed
Offender Bowling give this second offender a white bowl and
then this second offender drinks out of the white bowl. This
second offender also sprays air freshener into the air. I
then observe both offenders leaving G1-14, Offender Bowling
has the white bucket in his right hand, which he sets down in
bed area G1-08 and then he proceeds to the G latrine where he
throws a plastic bag away and rinses out a plastic container.
hearing officer conducted a disciplinary hearing in IYC
15-11-0197 on January 20, 2016. Mr. Bowling's comment was
“I'm really dumbfounded by this. I have a 5 gallon
bucket and (illegible) bag. I might have been doing laundry.
I could have given the offender soup. I don't recall this
incident.” [Dkt. 12-5]. The hearing officer found Mr.
Bowling guilty of possession of intoxicants. He considered
all evidence including the staff reports, offender's
statement, and video evidence.
hearing officer recommended the following sanctions that were
approved: 30 day revocation of phone, commissary, and JPay
privileges, and a 30 day ...