United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
Jane Magntts-Stinson, Chief Judge
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
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).
The Disciplinary Proceeding
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
An Incident Report Form was completed by Lieutenant M. Caylor
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.
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.
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 ...