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Dooley v. Superintendent Indiana Women's Prison

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

August 16, 2017

DORRIS DOOLEY, Petitioner,
v.
SUPERINTENDENT Indiana Women's Prison, Respondent.

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

          Hon. William T. Lawrence, Judge

         The 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.

         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 July 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.

         Ms. 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.

         A hearing was held on July 27, 2017. At the hearing, Ms. Dooley stated:

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 action.

         Ms. 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.

         C. ...


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