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Hayes v. Brown

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

September 28, 2017

QUINTERO HAYES, Petitioner,
v.
DICK BROWN Superintendent, Wabash Valley Correctional Facility, Respondent.

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

          Hon. Jane Magnus-Stinson, United States District Court Chief Judge

         The 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.

         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 May 31, 2016, Officer Henning wrote a Conduct Report charging Mr. Hayes with possession of intoxicants. The Conduct Report states:

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 box.

Filing No. 9-1 at 1.

         Officer 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.

         Mr. 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.

         A 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 earned-credit-time deprivation.

         Mr. 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 ...


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