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 United States District
petition of Gregory Easter for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
ISR 17-02-0123. For the reasons explained in this Entry, Mr.
Easter'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
February 12, 2017, Investigator Conlon wrote a Conduct Report
charging Mr. Easter with assault causing injury in violation
of Code A-102. The Conduct Report states:
On 2-2-17 at approx. 10:35 a.m., I Lt. Conlon was reviewing
camera when I witnessed Offender Graham # 921844 and Offender
Easter # 133597 stand in front of each other and then began
striking each other with closed fists. Both offender[s]
continued to strike each other and then they went to the
ground and continued to fight. Both offender[s] were
identified and stripped searched and both had bruises, cuts
and scrapes on their body. Pictures were taken of each
offender but Offender Graham had a laceration to his head.
No. 9-1. Photographs of Mr. Graham's injuries were
included with the Conduct Report. See Filing No.
Easter was notified of the charge on February 23, 2017, when
he received the Screening Report. He plead not guilty to the
charge. He requested “any physical evidence” and
the video of the incident and, as witnesses, he requested Mr.
Graham and Lt. Simone. Filing No. 9-3 at 1. His requests for
witnesses were denied because Mr. Graham “is the
alleged other party” and Lt. Simone “was not
present for the incident. [She] says she watched the
video.” Filing No. 9-3 at 1.
hearing officer viewed the video evidence and completed a
summary of the video, which states:
I M. Stamper did the video review. I did witness both
offender Graham #921844 and offender Easter #133597 both
approach each other with closed fists. It took place in the
back of the gym between both of the sides. It was more than
obvious what the two offenders were about to do. They also
had several offenders around them. Once the fight began
between offender Graham and offender Easter they were hitting
one another several times in the face and head area with
closed fists. At one point in time offender Easter was able
to body slam offender Graham on the floor or the weights. It
was hard to tell what he got slammed on. Offender Easter was
on top of offender Graham punching him several times with
closes fists to the head and facial area.
Filing No. 9-8 at 1.
disciplinary hearing was held on April 11, 2017. Mr. Easter
stated at the hearing that his conduct “doesn't fit
a 102.” Filing No. 9-11 at 1. Based on the staff
reports and the video evidence, the hearing officer found Mr.
Easter guilty of assault with injuries in violation of Code
A-102. The hearing officer noted that Mr. Easter admitted to
“having a lock and using it to hit offender Graham in
the head.” Filing No. 9-11 at 1. The sanctions imposed
included a 100 day earned-credit-time deprivation and a
credit class demotion.
Easter appealed to Facility Head and the IDOC Final Reviewing
Authority, both of which were denied. He then brought this
petition for a writ of ...