United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
WALTON PRATT, JUDGE
matter is before the Court on a Petition for Writ of Habeas
Corpus filed by Petitioner Jacob McIntyre (“Mr.
McIntyre”) challenging a prison disciplinary proceeding
identified as No. IYC 17-02-0208. For the reasons explained
in this Entry, Mr. McIntyre's habeas petition is
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
February 21, 2017, Investigator Prulhiere wrote a conduct
report in case IYC 17-02-0208 charging Mr. McIntyre with
conspiracy to commit trafficking with a civilian or a staff
member. Dkt. 9-1. The conduct report states:
On February 21, 2017 at approximately 9:00 am, I,
Investigator P. Prulhiere completed an investigation of
conspiracy to commit trafficking with a civilian. As a result
of this investigation, I have found sufficient evidence to
charge Offender Jacob McIntyre 245088 with this charge.
Id. The conduct report references confidential case
packet 17-IYC-0023, which was provided to the Court ex parte,
dkt. 11, but was not provided to Mr. McIntyre before his
hearing. In addition to the conduct report and the
confidential case file, Investigator Prulhiere also wrote a
non-confidential report of the investigation, which provided:
On February 21, 2017, I, Investigator P. Prulhiere completed
an investigation of an offender, working with a civilian, to
use the U.S. Mail to smuggle in synthetic drug chemical
agents sprayed on greeting cards. On the morning of January
12, 2017, Plainfield Correctional Facility Mail Room staffs
confiscated 3 envelopes containing greeting cards that were
addressed to Offender Jacob McIntyre 245088. The contents of
these envelopes were inspected and found to have been
contaminated with a chemical substance. These items were
taken to the investigations Office where they were field
tested and found to receive a positive response for a version
of synthetic marijuana or most commonly referred to as
“K2 spice”. Surveillance resources were used in
gathering information that has lead [sic] to knowledge used
to assist in the identification of the receiving offender,
the pathway of delivery, the chemical agent used in the
treatment of the greeting cards and the primary suspect who
manufactured and sent the cards through the mail. All
investigative resources, process and names of any witnesses
or informants is contained in confidential case file
February 21, 2017, Mr. McIntyre was notified of the charge of
conspiracy to commit trafficking with a civilian and served
with a copy of the conduct report, dkt. 9-1, a copy of the
non-confidential investigative report, dkt. 9-2, and a copy
of the notice of disciplinary hearing “screening
report, ” dkt. 9-3. Mr. McIntyre pleaded not guilty.
Dkt. 9-4. He requested, and was appointed, a lay advocate.
Dkts. 9-3, 9-4. Mr. McIntyre did not request any witnesses,
but he did request confidential case file 17-IYC-0023 as
physical evidence. Dkt. 9-3. His request for the confidential
file was denied.
hearing was held on February 24, 2017. Dkt. 9-5. Mr. McIntyre
pleaded not guilty and made the following statement: “I
don't know any of these people. I can't help what
people send me in the mail. I don't get to see the
evidence” Id. After considering the staff
reports, Mr. McIntyre's statement, and the confidential
case file, Mr. McIntyre was found guilty. Id. He was
sanctioned with the loss of 180 days earned credit time and a
demotion from credit class I to credit class II. Id.
McIntyre's appeals to the facility head and final
reviewing authority for the Indiana Department of Correction
were denied. Dkts. 9-6, 9-7. Having exhausted all
administrative remedies, he then brought this action for a
Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254.