United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
William T. Lawrence, Judge
petition of Dorris Dooley for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
IWP 16-07-0138. For the reasons explained in this Entry, Ms.
Dooley'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
21, 2016, Officer Rhodes wrote a Conduct Report charging Ms.
Dooley with disorderly conduct. The Conduct Report states:
On July 21, 2016 at approximately 7:55pm I officer Jonathan
Rhodes noticed Offender Dorris Dooley #259567 dialing a
number on the speaker phone in the recreation room of unit
11. Offender Dorris Dooley #259567 was informed of her
recreation restrictions at the beginning of the shift. I
Officer Jonathan Rhodes asked Offender Dorris Dooley #259567
to hang up the phone call and prepare to return to her cell.
Offender Dorris Dooley #259567 ignored the order given her
and continued her phone call. I Officer Jonathan Rhodes then
asked Offender Dorris Dooley a second time to hand up the
phone call. At this point Offender Dorris Dooley #259567
became verbally aggressive towards staff refusing to be
cuffed. I Officer Jonathan Rhodes then informed Sergeant Mike
Soriano of the events taking place. After the arrival of
Sergeant Mike Soriano Offender Dorris Dooley #259567 was
given the order to cuff up or be sprayed with O.C.. At
approximately 8:16pm Offender Dorris Dooley #259567 agreed to
be placed in mechanical restraints and escorted to cell 301.
At approximately 8:20pm Offender Dorris Dooley #259567 was
secured in her cell. At approximately 8:25pm Offender Dorris
Dooley #259567 began banging her fist on the cell wall while
screaming at Offender Ashlee Armfield #165229. I Officer
Jonathan Rhodes then told offender Dorris Dooley #259567 to
stop hitting and wall and to stop yelling, offender complied.
Offender Dorris Dooley #259567 yelled “Fuck you”
and started throwing her property around her cell. This
behavior continued for approximately 20 minutes.
Dkt. 11-1 at 1.
Dooley was notified of the charge on July 25, 2016, when she
received the Screening Report. She plead not guilty to the
charge. She did not request any physical evidence, but
requested fellow inmate S. Dunlap as a witness.
hearing was held on July 27, 2017. At the hearing, Ms. Dooley
He had been harassing me about the wall thing he never told
me that I was on any restrictions, I came in Rec., used the
phone and I realized Rhodes was at the door and asked if I
was ready to go and that I shouldn't have been on the
phone. Before the Sgt. came he said cuff up or get sprayed.
Dkt. 11-4 at 1. Based on the Conduct Report, the hearing
officer found Ms. Dooley guilty of disorderly conduct. The
sanctions imposed included a credit-class demotion and the
imposition of a suspended sanction from another disciplinary
Dooley appealed to Facility Head and the IDOC Final Reviewing
Authority, but both of her appeals were denied. She then
brought this petition for a writ of habeas corpus pursuant to
28 U.S.C. § 2254.