United States District Court, S.D. Indiana, Terre Haute Division
ENTRY GRANTING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
William T. Lawrence, Judge
petition of Damon Tyrone Gee for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
WVE 17-01-0084. For the reasons explained in this Entry, Mr.
Gee's habeas petition is granted.
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
January 25, 2017, Officer Roessler wrote a Conduct Report
charging Mr. Gee with possession of intoxicants in violation
of Code B-231. The Conduct Report states:
On 1-25-2017 I c/o Roessler was preforming a search of G208.
Upon searching the cell I c/o Roessler did discover approx. 3
gallons of a red liquid substance that had the appearance and
smell of an intoxicant under the cell window in a small
property box. Offender Gee Damon DOC#981951 and Offender Mack
Jason DOC#998321 reside there.
Dkt. 10-1 at 1. Also on January 25, 2017, Officer Pirtle
wrote the following witness statement:
I c/o D Pirtle did witness on 1-25-17 @ approx. 6:30 Am c/o
Roessler discover approx. 3 gal. of a red liquid substance
that had the appearance and smell of an intoxicant under
the cell window in a small property box in cell G208.
Offenders Gee, Damon #981951 and Mack Jason # 998321 reside
in this cell
Dkt. 10-3 at 2.
was notified of the charge on January 26, 2017, when he
received the Screening Report. He plead not guilty to the
charge. He did not request any physical evidence, but he
stated that he would obtain a witness statement for the
hearing. That same day, Mr. Gee's cellmate Jason Mack
provided the following witness statement:
The intoxicants found in cell G-208 belonged to me. Mr. Jason
Mack. Prisoner Damon Gee had absolutely no knowledge that the
intoxicants was in the cell. I made it while Damon Gee was
sleep[ing]. So there is no way he could have known the
intoxicants were in the cell. I had the intoxicants in my own
locked property box. Also I had just mixed all the
intoxicants up that night while Damon Gee was sleeping, then
the Officers that found the intoxicants the next morning. So
the intoxicants were not even in the cell 12 hours. Again
Damon Gee had no knowledge that I had intoxicants in my
locked property box.
Dkt. 10-3 at 3.
hearing was held on January 31, 2017. At the hearing, Mr. Gee
stated that the intoxicants were his cellmate's and that
he did not know they were there. The hearing officer changed
the charge from possession of intoxicants to aiding in the
possession of intoxicants in violation of Code B-240 and
B-231. Based on Mr. Gee's statement, the staff reports,
the witness statement, the photograph of the bag, and the
notice of confiscated property, the hearing officer found Mr.