United States District Court, S.D. Indiana, Indianapolis Division
EVANS BARKER, JUDGE
Denying Petition for Writ of Habeas Corpus and Directing
Entry of Final Judgment
petition of Noah Mosey for a writ of habeas corpus challenges
a prison disciplinary proceeding identified as No. NCF
16-11-0132. For the reasons explained in this Entry,
Mosey'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
November 15, 2016, Officer Williams wrote a Report of Conduct
in case NCF 16-11-0132 charging Mosey with possession or use
of a controlled substance. On November 6, 2016, Mosey's
urine was tested for drugs and the preliminary test was
positive for opiates and methamphetamine. The urine sample
was then sent to an outside laboratory for further testing,
which was positive for opiates. As the Report of Conduct
The following conduct report has been issued to Offender Noah
Mosey #239254 for Possession or Use of a Controlled
Substance, as defined in the Adult Disciplinary Policy. On
11/6/16, Mosey submitted his own urine for a full 8 panel
drug screen. The Chain of Custody was followed and the sealed
specimen was sent to Alere Toxicology Services, Inc., for a
full screening, with a confirming test performed. Lab reports
received on 11/12/16, clearly indicate the presence of
Morphine in the urine of Offender Mosey, #239254. Internal
Affairs was made aware of the results on 11/15/16. Based upon
the results from Alere Toxicology Services, Inc., Offender
Mosey, #239254 did violate code B-202, of the Adult
Disciplinary Policy. Offender informed of conduct.
November 17, 2016, Mosey was notified of the charge of
possession or use of a controlled substance and served with
the Report of Conduct and the Notice of Disciplinary Hearing
“Screening Report.” Mosey was notified of his
rights, pled not guilty, and requested the appointment of a
lay advocate. He did not request any witnesses or physical
hearing officer conducted a disciplinary hearing in NCF
16-11-0132 on November 22, 2016, and found Mosey guilty of
the charge of possession or use of a controlled substance. In
making this determination, the hearing officer considered the
offender's statements, staff reports, the chain of
custody form, the preliminary results form, and the test
report. The hearing officer recommended and approved the
following sanctions: 30 days lost commissary and phone
privileges, restitution, a 90 day deprivation of earned
credit time, and a demotion from credit class II to credit
appeals were denied and he filed this petition for a writ of
support of his petition for a writ of habeas corpus, Mosey
argues that the urine sample was not witnessed by a second
staff member as required by Indiana Department of Correction
(“IDOC”) policy, he was not offered the
opportunity to sign the drug screen results form in violation
of IDOC policy, that the chain of custody form was not
signed, that the time frame for testing and returning the
test results was not possible, that the facility did not
determine that the urine same was a result of authorized
medication, and the preliminary report indicated ...