United States District Court, S.D. Indiana, Terre Haute Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
Jane Magnus-Stinson, United States District Court Chief Judge
petition of Quintero Hayes for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
WVS 16-05-0005. For the reasons explained in this Entry, Mr.
Hayes'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
31, 2016, Officer Henning wrote a Conduct Report charging Mr.
Hayes with possession of intoxicants. The Conduct Report
At approximately 2255 hours on the above date, I c/o J.
Henning was going to cell BE 204 with c/o D. Sievers to
conduct a cell search. Offender Hayes, Quintero DOC # 239494
resides in cell BE 204. When we arrived at the cell door, we
observed offender Hayes dumping three jars of what appeared
to be, and smell like, intoxicants (hooch) into a cardboard
Filing No. 9-1 at 1.
Sievers also submitted the following statement:
At approximately 2255 hours I c/o D. Sievers and c/o J.
Henning were doing a cell search on range 2 B-east at cell BE
204 where offender Hayes, Quintero 239494 resides. At the
cell door we s[aw] Hayes, Quintero dump 3 jars of w[hat]
appeared to be intoxicants into a cardboard box.
Filing No. 9-2 at 1.
Hayes was notified of the charge on June 1, 2016, when he
received the Screening Report. He plead not guilty to the
charge. Mr. Hayes requested that the inmate in the adjacent
cell, Ray Wheatley (#239494), be called as a witness. Mr.
Wheatley provided a witness statement, in which he wrote that
he heard Officer Sievers say he did not witness what happened
in Mr. Hayes's cell, but he signed a statement saying
that he did.
hearing was held on June 7, 2016. Mr. Hayes again stated that
he was not guilty. Based on the evidence presented, the
hearing officer found Mr. Hayes guilty of possessing
intoxicants. The sanctions imposed included a ninety-day
Hayes appealed to Facility Head and the IDOC Final Reviewing
Authority, but both of his appeals were denied. He then
brought this petition for a writ of ...