United States District Court, S.D. Indiana, Terre Haute Division
ENTRY DISCUSSING PETITION FOR WRIT OF HABEAS
William T. Lawrence, Judge
Samuel Davis filed this petition for writ of habeas corpus
challenging his disciplinary conviction in WVE 16-06-0081 at
Wabash Valley Correctional Facility. For the reasons
explained in this Entry, Davis'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
explained in his petition and related briefing that he had
requested to be moved to a different cell. The reason for the
request was that Davis's cellmate believed Davis had
given him scabies when he started to itch. Davis's
cellmate allegedly threatened to harm Davis and Davis feared
for his life. When Davis's requests to be moved were not
granted he packed up his belongings during recreation and
refused to return to his cell. Apparently this tactic had
worked for other inmates. Instead of being moved to a new
cell, however, custody staff physically returned Davis to his
cell and Davis was written up for resisting staff.
disciplinary records reflect that on June 16, 2016, Sergeant
K. Blackman wrote a Report of Conduct charging Davis with
resisting staff. The Report of Conduct states:
On 6/16/16 at approx. 850 pm I, Sgt. K. Blackman was called
to GHU Right Wing for Offender Davis, Samuel #962441.
Offender Davis was refusing to go to his cell at the end of
recreation. I asked Davis why he didn't want to go to his
cell, Davis stated, “Cause I don't want to.”
I placed Davis in mechanical restraints and along with C/O N.
Dugger and C/O T. Goff escorted Davis toward cell #312. At
this time, Davis became resistant towards staff, and
attempted to pull away from me.
Dugger, Goff, and I placed Davis back in his cell, and
secured the door. Davis refused to submit his hands for the
removal of mechanical restraints. At this time, cell #312 was
opened, and Sgt. L. Myers, C/O Dugger, and myself secured
Davis' hands. The door of 312 was secured again, and the
mechanical restraints were removed without further incident.
Docket No. 15-1.
21, 2016, Davis was notified of the charge of resisting staff
and served with the Report of Conduct and the Notice of
Disciplinary Hearing “Screening Report.” Davis
was notified of his rights, pled not guilty and requested the
appointment of a lay advocate. He requested seven witnesses,
Officer Eaton and Offenders Williams, Thomas, Knighten,
Green, Foster, and Zaphiriou. He also requested video
surveillance of the situation as physical evidence.
hearing officer conducted a disciplinary hearing ion July 1,
2016, and found Davis guilty of the charge of resisting
staff. In making this determination, the hearing officer
considered the offender's statements, staff reports,
evidence from witnesses, and video evidence. The hearing
officer recommended and approved the following sanctions: a
written reprimand, one month loss of phone privileges, and a
45 day deprivation of earned credit time.
appealed to the Facility Head and the Appeal Review Officer.