Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Mueller v. Zatecky

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

August 15, 2017

TED MUELLER, JR., Petitioner,
v.
DUSHAN ZATECKY, Respondent.

          ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND DIRECTING ENTRY OF FINAL JUDGMENT

          Hon. Jane Magntts-Stinson, Chief Judge

         The petition of Ted Mueller for a writ of habeas corpus challenges a prison disciplinary proceeding, ISR 16-04-0060, in which he was found guilty of battery with a weapon or serious injury. For the reasons explained in this entry, Mr. Mueller's habeas petition must be denied.

         I. Overview

         Prisoners in Indiana custody may not be deprived of credit time, Cochran v. Buss, 381 F.3d 637, 639 (7th Cir. 2004), 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); Jones v. Cross, 637 F.3d 841, 845 (7th Cir. 2011); Piggie v. Cotton, 344 F.3d 674, 677 (7th Cir. 2003); Webb v. Anderson, 224 F.3d 649, 652 (7th Cir. 2000).

         II. The Disciplinary Proceeding

         On April 15, 2016, Investigator D. Wilson issued a Report of Conduct charging Mr. Mueller with battery with weapon or serious injury in violation of Code A-102. Dkt. 7-1. The Report of Conduct states:

On 03/02/2016 at approximately 10:52 AM Offender Ted Mueller #167009 assaulted Offender Cory Gray #945363 with a weapon in JCH while returning from chow. First responders arrived and secured the [sic] both offenders as well as the weapon. Offender Gray required outside medical treatment.
An investigation was initiated to determine who was responsible for the assault and why. Offender Mueller was found to have committed the assault. See confidential case file 16-ISR-0016.

Id.

An Incident Report Form was completed by Lieutenant M. Caylor that states:
On 03/02/2016 a 10-10 was called in JCH at 10:52 A.M. Offender Mueller, Ted 167009 was in a[n] altercation with Offender Gray, Cory #945363 on the 1F range. Both offenders were sprayed with OC and cuffed. Offender Mueller had stabbed Offender Gray, Cory near the right temple and there was laceration to both shoulders and right side of his chest. Offender Cory [was] taken to the Emergency Room to be assessed by medical staff. Ambulance was called and he was sent to SVA. Offender Mueller was brought to a dry cell and strip searched at this time offender Mueller admitted to stabbing Offender Gray. The weapon was recovered by the First Responders and turned over to IA. A second 10-10 was called at 10:58 A.M. Offender Pruitt, Michael Doc #257081 was apprehended second offender involved has not been found at this time waiting for IA to review the cameras to identify the second offender that was involved.

Dkt. 7-5.

         Mr. Mueller was notified of the charge on April 21, 2016, when he was served with the Report of Conduct and the Notice of Disciplinary Hearing (Screening Report). Dkt. 7-4. The Screening Officer noted that Mr. Mueller did not request any witnesses or any physical evidence. Id.

         The Hearing Officer conducted a disciplinary hearing on May 11, 2016, at which time Mr. Mueller submitted a lengthy statement. Dkt. 7-12, p. 1. In the statement, Mr. Mueller challenged the proceeding on the basis that he had previously been found not guilty of battery in ISR 16-03-0037 for the same incident. Dkt. 7-12, p. 2. The Hearing Officer nonetheless found Mr. Mueller guilty of battery in violation of Code A-102. Dkt. 7-12, p. 1. The recommended and approved sanctions included a written reprimand, 6 months of disciplinary segregation, 180 days of lost credit time, and the imposition of a suspended sanction in ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.