United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
William T. Lawrence, Judge
petition of David Collins for a writ of habeas corpus
challenges a prison disciplinary proceeding, CIC 16-07-0279,
in which he was found guilty of battery, B-212. For the
reasons explained in this entry, Mr. Collins' habeas
petition must be denied.
in Indiana custody may not be deprived of credit time,
Cochran v. Buss, 381 F.3d 637, 639 (7th Cir. 2004),
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); Jones v. Cross, 637 F.3d
841, 845 (7th Cir. 2011); 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
22, 2016, Sergeant B. Roberts issued a Report of Conduct
charging Mr. Collins with battery in violation of Code B-212.
The Report of Conduct states:
On July 21, 2016 at approximately 2:00AM I Sergeant B.
Roberts was notified by the shift office that there was a
note turned in that Offender Jason Hood 1111511B-5F had been
assaulted by Offender David Collins 136767 15A-1F &
Offender Robert Fields 224946 15B-1F. I found Offender Hood
to have injuries consistent with have being [sic] involved in
a fight. After reviewing the camera, Offender Hood was seen
going into cell 15-1F at 11:09.02am and came out and went
into the TV room where he lived at 11:18am. Once he entered
the TV room he was seen on camera wiping his face. Offender
Hood was questioned about who had assa[ulted] him and he
stated that Offender Collins and Offender Fields had jumped
him in their cell over a disagreement over the phone.
Dkt. No. 11-1.
Collins was notified of the charge on July 29, 2016, when he
was served with the Report of Conduct and the Notice of
Disciplinary Hearing (Screening Report). The Screening
Officer noted that Mr. Collins wanted statements from
Offenders Jason Hood and Robert Fields. Dkt. No. 11-2. The
request for a statement from offender Hood was denied for
safety and security reasons. Id. (“For safety
and security reasons the victim cannot be called as a
witness.”). The Screening Officer also noted that Mr.
Collins did not request any physical evidence nor a lay
advocate. Id. Mr. Collins asked offender Fields the
purpose of being in Hood's cell, and Fields responded,
“Hood came in our cell to ask questions about T.C.
stuff and left.” Dkt. No. 11-3.
hearing officer conducted a disciplinary hearing on August
11, 2016. Dkt. No. 11-6.
hearing officer noted Mr. Collins' statement:
I did not touch that kid. The camera clearly shows I
didn't do nothing. That man has tried his best to let
everyone know that Sgt. Roberts made up that statement. Off.
Hood never made that stat[e]ment. Hood said it happened @
medical and I had absolutely nothing to do with it. Trying to
go back to T.C.
hearing officer considered staff reports and offender
statements in determining that Mr. Collins had violated Code
B-212. Id. His reason for the decision was
“[c]onduct is clear. Hood told Sgt. Roberts he was
assaulted by Offend. Collins.” Id. The
sanctions imposed included a written reprimand, a 30-day
phone and commissary restriction, 30 days of disciplinary
segregation (suspended), and the deprivation of 30 days of
earned credit time. Id. The hearing officer imposed
the sanctions because of the ...