United States District Court, S.D. Indiana, Terre Haute Division
ENTRY DISCUSSING PETITION FOR WRIT OF HABEAS
William T. Lawrence, Judge
petition of Robert Hardesty for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
WVE 16-07-0003. For the reasons explained in this Entry,
Hardesty'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
30, 2016, Case Worker Fischer issued a Report of Conduct to
Hardesty for a violation of Code B-213, threatening. The
Report of Conduct stated:
On 6/30/16 at approx. 8:00 am I CW Fischer met with Offender
Hardesty, Robert 854516 due to him wanting a single cell.
During our conversation he stated to me that he was denied a
single cell before and committed an A102 to get one. He
stated it would not bother him to do this again if does not
B-213 is defined as:
Engaging in any of the following:
1. Communicating to another person a plan to physically harm,
harass or intimidate that person or someone else.
2. Communicating a plan to cause damage to or loss of that
person's or another person's property.
3. Communicating a plan to intentionally make an accusation
that he/she knows is untrue or false.
A-102 is defined as: “Committing battery/assault upon
another person with a weapon (including the throwing of body
fluids or waste on another person) or inflicting serious