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.

Gee v. Brown

United States District Court, S.D. Indiana, Terre Haute Division

September 11, 2017

DAMON TYRONE GEE, Petitioner,
v.
DICK BROWN, Respondent.

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

          Hon. William T. Lawrence, Judge

         The 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.

         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 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.

         Mr. Gee 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.

         A 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. ...


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.