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
petition of Dejuan Burrus for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
STP 16-07-0083. For the reasons explained in this Entry, Mr.
Burrus'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
January 26, 2017, Investigator T. Truex, wrote a conduct
report charging Burrus with offense A-111/100, assisting in a
violation of law, in particular, Indiana Code section
35-48-4-1(a), delivery of a narcotic drug. The conduct report
On July 7, 2016,  I, Investigator Truex, was reviewing
camera footage from an [sic] 7/7/16 event. Truex witnessed
offender Dejuan Burrus, IDOC # 132368, talking to offender
Antonio Twiggs, IDOC # 179364, Burrus then went to the
Housing Unit window and watched to ensure the officer did not
return to the housing unit before Twiggs finished tampering
with the officer's drink. By acting as a look out, Burrus
ensured Twiggs would not be caught by staff while placing a
narcotic substance in Correctional Officer M. Truex's
drink. Burrus's actions violated Indiana Criminal Code
35-48-4-1(a) for delivery of a narcotic substance.
January 30, 2017, Burrus was notified of the charge of
(A-111/100) assisting in a violation of law, Indiana Code
section 35-48-4-1(a) delivery of a narcotic substance, and
was served with a copy of the conduct report and the
screening report. Burrus was notified of his rights and
pleaded not guilty. He requested a lay advocate, and a lay
advocate was later appointed. Burrus requested Antonio Twiggs
(# 179384) as a witness. As evidence, he requested video
footage and a test of the bottle contents. He did not waive
his right to 24 hours' advance notice of the disciplinary
his disciplinary screening, Burrus requested additional
1. Video/audio/written statement that “offender Twiggs
# 179384 admitted to Investigator Truex that the substance
that was allegedly seen put in Officer Truex's bottle was
in fact methamphetamine.”
2. Any evidence Investigator Truex used to determine that it
was a narcotic drug put in Officer Truex's drink,
including blood or toxicology results, and a statement from
Officer Truex if he felt unusual after drinking the contents.
3. “A witness statement from both Investigator Truex
and Officer Truex that they are in any way shape or form,
blood related or marriage related as defined by Indiana
Criminal Code & Procedure 2017 edition.”
4. “If there was in fact a blood test done or urine
analysis of officer Truex before the alleged incident, I need
the results of those, as well as the amount of alleged
narcotic drugs that were or had been found in officer
5. “And finally any evidence that the Department of
Corrections has pertaining to this case STP 16-07-0083, which
will either prove or disprove how Investigator Truex
determined that the substance allegedly placed in M.
Truex's drink was positive for the chemical makeup of any
narcotic substance as defined by [I.C.]
Twiggs gave the following statement:
On 7-7-16 I Antonio Twiggs made the very stupid &
childish decision to play a prank on an officer by putting[g]
Milk of Magnesia in his drink to give him the runs. When
questioned about the incident on 7-8-16 I admitted to putting
milk of magnesia in the drink; however, my words were twisted
& it was said that I admitted to possessing
methamphetamine which I never did! I was also asked if Mr.
Burrrus #132368 had any involvement with my prank, I
repeatedly told staff ...