United States District Court, S.D. Indiana, Indianapolis Division
Marjorie H. Lawyer-Smith INDIANA ATTORNEY GENERAL
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
William T. Lawrence, Judge United States District Court.
petition of Shawn Hussey for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No
NCF 16-11-0175. For the reasons explained in this Entry,
Hussey'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 21, 2016, Internal Affairs Officer Williams issued a
Report of Conduct charging Hussey with use of a controlled
substance in violation of Code B-202. The Report of Conduct
The following conduct report has been issued to Offender
Shawn Hussey #202611 for Possession or Use of a Controlled
Substance, as defined in the Adult Disciplinary Policy. On
11/15/16, Hussey 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 11/21/16 clearly indicate the presence of
Suboxone in the urine of Offender Hussey #202611[.] Based
upon the results from Alere Toxicology Services, Inc.,
Offender Hussey #202611 did violate code B-202, of the Adult
Disciplinary Policy. Offender was informed of conduct.
Dkt. No. 8-1 at 1. Hussey was notified of the charge on
November 22, 2016, when he was served with the Report of
Conduct and the Notice of Disciplinary Hearing. Dkt. No. 8-2.
The Screening Officer noted that Hussey did not request any
witnesses or evidence.
Hearing Officer conducted a disciplinary hearing on November
23, 2016. Dkt. No. 8-4. The Hearing Officer noted that Hussey
stated, “Creatine is in kidney pills, I don't take
kidney pills, the Cond. Report had McGill in it. I am not
doing any drugs. This is my 3rd test here and the first one I
have failed” Id. (capitalization modified).
The Hearing Officer determined that Hussey had violated Code
B-202. The sanctions imposed included a loss of phone and
commissary privileges, restitution of $48.08, the deprivation
of 90 days of earned credit time, and the demotion from
credit class I to credit class II.
appealed to Facility Head and the Department of
Correction's Final Reviewing Authority. Both appeals were
denied. He then brought this petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
argues that he is entitled to relief for the following
reasons. First, the conduct report originally identified
McGill as the offender that submitted the urine. In addition,
Hussey states that he was not present when the urine specimen
was sealed as required by DOC policy. Third, Hussey states
that the date the urine was collected and the date the test
results were reported are too close together to be accurate.
Finally, Hussey complains that the chain of custody was
Exhaustion of ...