United States District Court, S.D. Indiana, Indianapolis Division
STEVEN B. BOWLING, Petitioner,
SUPERINTENDENT, PLAINFIELD CORRECTIONAL FACILITY, Respondent.
ENTRY DISCUSSING PETITION FOR WRIT OF HABEAS
WALTON PRATT, UNITED STATES DISTRICT JUDGE.
petition of Steven B. Bowling for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
ISP 07-07-0210 in which he was convicted of Code A-102,
Battery. For the reasons explained in this Entry,
Bowling'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
12, 2007, Internal Affairs Officer Whelan issued a Report of
Conduct charging Bowling with battery in violation of Code
A-102 (Ex. A). The Report of Conduct states:
On 6/12/07 offender Stone 914538 was severely beaten causing
ISP [Indiana State Prison] to send the offender to an outside
medical facility. He had severely [sic] dozen stab wounds to
his hands, body and legs. He also had severe contusions to
his body and face. The offender also had a flammable chemical
tossed on hi[m] in his cell that was identified as a chemical
used in the Tag Shop.
A[n] investigation was begun and through the interviews and
evidence there is enough information to charge the above
offender with assaulting offender Stone causing injury
[us]ing a weapon.
See report of investigation.
Dkt. 13-1 at 1. The Report of Investigation of Incident
states in part:
On 6/12/07 a signal 3000 was called by Sgt. C. Tibbles due to
finding offender Stone 914538 beaten severely and stabbed in
his assigned cell E 428 in CCH. A flammable chemical had also
been thrown on him.
An investigation was begun and through interviews and
evidence it was discovered the above offender entered cell
428 with offender Ropp 162016 armed with homemade kni[v]es
and assaulted offender Stone. After the assault they threw a
flammable chemical on the offender and attempted to set him
Offender Stone lived through the assault but required outside
medical treatment and hospitalization.
Details of interviews/evidence are available in case file.
Refer to case ...