United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
Jane Magnus-Stinson, Chief Judge
Clinton's petition for a writ of habeas corpus challenges
a prison disciplinary proceeding identified as No. NCF
16-11-0177. The respondent has filed a return to the Order to
show cause. No reply was submitted. For the reasons explained
in this Entry, Clinton's habeas petition must be
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 21, 2016, Internal Affairs Officer Williams issued a
Report of Conduct charging Clinton with a violation of Code
B-247. The Report of Conduct states:
On the above date and approximate time, Internal Affairs was
reviewing telephone calls placed to 765-325-5194. The
telephone number is on Clinton's telephone list as
Felicia Jones. In an interview with former Correctional
Officer, Sara Wright, Wright admitted the phone number
belonged to her. She stated on several occasions Clinton
called her, while she was employed at NCCF. Offender was
advised of conduct.
was notified of the charge on November 22, 2016, when he was
served with the Report of Conduct and the Notice of
Disciplinary Hearing. The Screening Officer noted that
Clinton did not request any witnesses or evidence.
Hearing Officer conducted a disciplinary hearing on November
28, 2016. The Hearing Officer noted that Clinton had nothing
to say. The Hearing Officer then determined that Clinton had
violated Code B-247. The sanctions imposed included
commissary and phone restrictions, the deprivation of 90 days
of earned credit time, and the demotion from credit class II
filed an appeal to the Facility Head on December 1, 2016.
See dkt 10-5. He argues that his due process rights
were violated because he was confined in segregation, he was
denied the right to speak on his own behalf, and the decision
maker was not impartial. Id. The appeal was denied
on December 7, 2016. See dkt 10-6. Clinton then
appealed to the Final Review Authority, who denied the appeal
on December 19, 2016.
argues that he is entitled to relief for two reasons. First,
because he was denied an opportunity to review and/or keep a
copy of the exculpatory evidence he requested, specifically
the investigative report, copy of phone list, and statement
by staff relied upon by the hearing officer. Second, the
hearing officer ordered Clinton to “shut up during his
presentation of evidence.” Dkt. 1 at 2.