United States District Court, N.D. Indiana, South Bend Division
OPINION and ORDER
T. MOODY, JUDGE UNITED STATES DISTRICT COURT
Baker, a pro se prisoner, filed a habeas corpus
petition challenging a prison disciplinary hearing (BTC
14-12-229) where a Disciplinary Hearing Officer (DHO) found
him guilty of threatening another offender in violation of
Indiana Department of Correction (IDOC) policy B-213. (DE #
21-5 at 1.) As a result, Baker was sanctioned with the loss
of 90 days earned credit time.
argues that he is entitled to habeas corpus relief because
the DHO did not have sufficient evidence to find him guilty.
In the disciplinary context, “the relevant question is
whether there is any evidence in the record that could
support the conclusion reached by the disciplinary
board.” Superintendent v. Hill, 472 U.S. 445,
455-56 (1985). “In reviewing a decision for some
evidence, courts are not required to conduct an examination
of the entire record, independently assess witness
credibility, or weigh the evidence, but only determine
whether the prison disciplinary board's decision to
revoke good time credits has some factual basis.”
McPherson v. McBride, 188 F.3d 784, 786 (7th Cir.
1999) (quotation marks omitted).
[T]he findings of a prison disciplinary board [need only]
have the support of some evidence in the record. This is a
lenient standard, requiring no more than a modicum of
evidence. Even meager proof will suffice, so long as the
record is not so devoid of evidence that the findings of the
disciplinary board were without support or otherwise
arbitrary. Although some evidence is not much, it still must
point to the accused's guilt. It is not our province to
assess the comparative weight of the evidence underlying the
disciplinary board's decision.
Webb v. Anderson, 224 F.3d 649, 652 (7th Cir. 2000)
(quotation marks, citations, parenthesis, and ellipsis
inmate violates IDOC B-213 by:
in any of the following:
1. Communicating to another person a plan to physically harm,
harass or intimidate that person or someone else.
2. Communicating a plan to cause damage to or loss of that
person's or another person's property.
3. Communicating a plan to intentionally make an accusation
that he/she knows is untrue or false.
Department of Correction, Adult Disciplinary Process,
Appendix I: Offenses
Conduct Report charged Baker as follows:
On December 5, 2014 IA Department received a yellow offender
request slip dated 12/03/2014 addressed to Mr. J. Hendershot
from Offender Baker #900522. Written in the body of the
yellow request slip was stated “I told you guys the
Logan Peters Kid had issues with other then me over my
daughter, me and him talked about this while in a dorm at the
same time. If you want all this shit to come to a halt so
this kid can get settled settled (sic) down come and see me.
I believe this is a threat intimidated towards IA and
Offender Peters, due to the evidence in BCF Case File
140BTC-234 that contains solid evidence Offender Baker ...