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Bowling v. Superintendent, Plainfield Correctional Facility

United States District Court, S.D. Indiana, Indianapolis Division

June 30, 2017

STEVEN B. BOWLING, Petitioner,
v.
SUPERINTENDENT, PLAINFIELD CORRECTIONAL FACILITY, Respondent.

          ENTRY DISCUSSING PETITION FOR WRIT OF HABEAS CORPUS

          TANYA WALTON PRATT, UNITED STATES DISTRICT JUDGE.

         The 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.

         Discussion

         A. Overview

         Prisoners 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).

         B. The Disciplinary Proceeding

         On July 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 on fire.
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 ...

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