Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Justice v. Knight

United States District Court, S.D. Indiana, Indianapolis Division

November 30, 2017

THOMAS P. JUSTICE, JR., Petitioner,
v.
WENDY KNIGHT, Respondent.

          ENTRY UPDATING ADDRESS, DENYING PETITION FOR WRIT OF HABEAS CORPUS, AND DIRECTING ENTRY OF FINAL JUDGMENT

          Hon. Jane Magnus-Stinson, Chief Judge

         The petition of Thomas Justice for a writ of habeas corpus challenges a prison disciplinary proceeding, CIC 17-02-0151, in which he was found guilty of unauthorized possession of property. For the reasons explained in this entry, Mr. Justice's habeas petition must be denied.

         Mr. Justice's motion to update case, dkt. [15], is granted to the extent that he has reported a new address. 7914 Dunston Drive, Indianapolis, IN 46239. The clerk shall update the docket accordingly.

         I. Overview

         Prisoners 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).

         II. The Disciplinary Proceeding

         On February 12, 2017, Mr. Justice was charged with offense B-215, unauthorized possession of property in case CIC 17-02-0151. The Report of Conduct states:

On Sunday, February 12th, 2017 at 3:49pm I, Sgt. J. Kelley was in the control area of unit A when I noticed Offender Justice, Thomas #9A-2A walk out of the TV room of the 2/4 side of A-unit. While going back to check the video I found that Justice was going through the ARH and DRH offender property. He was also found on video taking items out of boxes and then going on the range passing items to other offenders.

Dkt. 9-1.

         On February 16, 2017, Mr. Justice was notified of the charges and received the conduct report and the Notice of Disciplinary Hearing (Screening Report). At that time, Mr. Justice was notified of his rights and he pleaded not guilty. Dkt. 9-2. Mr. Justice requested a witness, camera review, and evidence of the alleged stolen property. Mr. Justice did not request a lay advocate, but one was later appointed for him. Dkt. 9-4. Additionally, Mr. Justice was provided a copy of the video review, which stated:

I, Sgt. J. Reed, reviewed the video footage for case: CIC 17-02-0150. The camera was reviewed for the date of 2/12/17 and at approximately 3:49:02PM Offender Justice walks up to the 2/4 A TV room and open [sic] the door. At approximately 3:49:17PM Offender Justice can be seen looking through property on the shelf and then exits at 3:49:22PM but then returns at approximately 3:49:27PM and is looking through property on the floor and goes back over to the shelfs with property on them and is looking through them and at approximately 3:49:50PM Offender Justice is seen exiting the 2/4 A TV room with items tucked under his right arm. Dkt. 9-3.

         Mr. Justice's witness, Michael Anderson (IDOC #16183), stated that Mr. Justice did not give him anything, and that he gave Mr. Justice a state envelope. Dkt. 9-5.

         On March 1, 2017, the disciplinary hearing officer (DHO), Sgt. J. Reed, held a hearing in case CIC 17-02-0151. Dkt. 9-6. Mr. Justice pleaded not guilty and issued the following statement: “I walked up to the door and it was unlocked. I went in there and looked around but I didn't steal anything. I got envelopes from Mike.” Id. After considering Mr. Justice's statement, staff reports, and the video evidence, the DHO found Mr. Justice guilty of offense B-215, unauthorized possession of property. Id. Due to the seriousness of the offense and the likelihood of the sanction having a corrective effect on Mr. Justice's future behavior, the DHO ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.