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Hardesty v. Dick Brown Superintendent W.V.C.F.

United States District Court, S.D. Indiana, Terre Haute Division

July 19, 2017

ROBERT HARDESTY, Petitioner,
v.
DICK BROWN SUPERINTENDENT W.V.C.F., Respondent.

          ENTRY DISCUSSING PETITION FOR WRIT OF HABEAS CORPUS

          Hon. William T. Lawrence, Judge

         The 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.

         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 June 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 get moved.

         Code 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.

         Code 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 bodily ...


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