United States District Court, S.D. Indiana, Indianapolis Division
THOMAS P. JUSTICE, JR., Petitioner,
WENDY KNIGHT, Respondent.
ENTRY UPDATING ADDRESS, DENYING PETITION FOR WRIT OF
HABEAS CORPUS, AND DIRECTING ENTRY OF FINAL JUDGMENT
Jane Magnus-Stinson, Chief Judge
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
Justice's motion to update case, dkt. , is
granted to the extent that he has reported a
new address. 7914 Dunston Drive, Indianapolis, IN 46239.
The clerk shall update the
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).
The Disciplinary Proceeding
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
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.
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.
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 ...