United States District Court, S.D. Indiana, Indianapolis Division
JAREL T. HAINES, Petitioner,
STANLEY KNIGHT, Respondent.
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS, AND
DIRECTING ENTRY OF FINAL JUDGMENT
JANE MAGNUS-STINSON, CHIEF JUDGE
petition of Jarel T. Haines for a writ of habeas corpus
challenges a prison disciplinary proceeding, IYC 16-02-0056,
in which he was found guilty of possession or use of a
controlled substance. For the reasons explained in this
Entry, Mr. Haines' habeas petition must be
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
January 31, 2016, Officer J. Aydt wrote a Report of Conduct
that charged Mr. Haines with offense 202-B, Possession of a
Controlled Substance. The Report of Conduct states:
On January 31, 2016 at approximately 3:45 PM I Officer J.
Aydt #281 was assigned to Housing Unit South when Officer D.
Dykes #408 was called via radio to signal 8 H-Unit Bed area.
We arrived at the bed area [and] the H-Unit Officer asked
Officer Dykes if he could escort offender Haines, Jarel
#933623 H4-11U to the sergeant's office. Officer Dykes
started escorting the offender down rows 3 and 4 bunks 7-10
area when I clearly observed offender Haines brushed [sic] in
to another offender in area the of [sic] ¶ 4-8 and he
dropped a clear plastic bag with a white powdery substance in
it on the floor [and] the other offender tried to step on it.
I immediately ordered the offender to back up which he
complied. I immediately secured the item in my left pants
pocket. And followed behind officer Dykes to the
sergeant's office after entering the sergeant's
office the offender was strip searched and no other
contraband was found the offender was informed he will
receive a conduct report. Evidence was taken to shift office
for photographs and turned in IA Locker #204.
Dkt. 15-1, p. 1.
Dykes provided the following written statement:
On Sunday January 31, 2016 at approximately 3:45 PM I was
escorting Offender Haines #933623 H4-11U bed area from his
bed area up rows 3 & 4 to [sic] when he turned left at
¶ 3-8 bed area and brushed into another offender. I
continued to escort him out of H-Unit and into one of the
classrooms where myself and another officer strip searched
the offender, but nothing was found.
Dkt. 15-1, p. 2.
Notice of Confiscated Property shows that one clear plastic
bag containing a white powdery substance was confiscated.
Dkt. 15-2. A photograph of the confiscated property was
taken. Dkt. 15-3. The facility conducted a field test of the
powdery substance, and the results were positive for
methamphetamine/amphetamine. Dkt. 15-4.
February 8, 2016, Mr. Haines was notified of the charge of
possession or use of a controlled substance when he was
served with the Report of Conduct and the Notice of
Disciplinary Hearing (Screening Report). Dkt. 15-5. Mr.
Haines was notified of his rights and pleaded not guilty.
Id. He requested and was provided a lay advocate.
Dkt. 15-7. Mr. Haines wished to call as a witness offender
Kenneth Croney, who was expected to state that the substance
did not belong to Mr. Haines. Dkt. 15-5. As physical
evidence, he requested the white powdery substance and NIK,
“NIK” being the field test. Id.
Croney provided a written statement that said the white
substance was his. Dkt. 15-6. He further stated that the
officers were performing a shake down on Mr. Haines, that an
officer said to stop, but Croney was nervous and threw the
dope in the aisle when Mr. Haines was walking by.
Id. Croney further stated that the ...