United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
William T. Lawrence, Judge
petition of Kenneth Redkey for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
NCF 17-01-0018. For the reasons explained in this Entry, Mr.
Redkey'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
December 31, 2016, Sergeant D. Anderson wrote a Report of
Conduct in case NCF 17-01-0018, charging Redkey with offense
B-202, possession of a controlled substance. The conduct
On the above date [and] approx[.] time I, Sgt Anderson,
assisted Sgt Patton in searching I-4 Quiet Room Bunk 301.
Upon searching Off Redkey's persons [sic] I
found a sewn pocket on the inside of his black cotton shorts.
Upon removing the sewn pocket I did find 1 (one) plastic
baggie containing a green leafy substance. Off Redkey then
informed me it was marijuana. The Off. was placed in RHU
pending CAB/testing. The green leafy substance weighed 6
grams. He was informed of this conduct report.
green leafy substance found on Redkey was placed into
evidence and photographs were taken of the substance and drug
test results. The pictures showed the green leafy substance
weighted about six grams. A drug field test showed the green
leafy substance was marijuana.
camera view recording captured Sergeant Anderson and Sergeant
Patton entering the I-4 unit on December 31, 2016.
January 4, 2017, Redkey was notified of the charge of
possession of a controlled substance and served with a copy
of the conduct report, and a copy of the Notice of
Disciplinary Hearing “Screening Report.” Redkey
was notified of his rights, pleaded guilty, elected not to
have a lay advocate, and elected not to call witnesses or
request physical evidence.
though Redkey pleaded guilty at the time of his screening, on
January 5, 2017, the Disciplinary Hearing Officer (DHO), K.
Glen, held a disciplinary hearing in case NCF 17-01-0018.
Also, despite Redkey electing not to have a lay advocate at
screening, a lay advocate was later appointed at his
hearing, Redkey pleaded not guilty and provided the following
statement: “I am not guilty. I had grey cotton shorts
and not black shorts on when taken to RHU. I did not speak to
Sgt Anderson until I was in the walk.” Relying on the
conduct report, Redkey's statement, photographic evidence
of the controlled substance and the drug field test results,
and the review of the camera video recording, the DHO found
Redkey guilty of possession of a controlled substance. For
security reasons, the DHO did not review the camera video
recording in Redkey's presence, but provided a summary of
the review. The summary states:
I reviewed I-4 stairs camera, and at approximately 0844
(camera time off by 3 hours, camera time showed 0544) I
witnessed Sgts. Patton and Anderson enter I-4 and go directly
to the quiet room. Time is approximate due to camera times
imposed the following sanctions: 15 days' lost phone and
commissary privileges, 30 days' lost good-time credit,
and a ...