United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
EVANS BARKER, JUDGE United States District Court.
petition of Dwight Williams for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
IYC 16-11-0008. For the reasons explained in this Entry, Mr.
Williams's habeas petition must be
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
October 31, 2014, Investigator C. Feldkamp wrote a report of
conduct in case IYC 16-11-0008, charging Williams with
offense A-100, participation in criminal gang (I.C. §
35-45-9-3). The conduct report states:
On 10/2/2016 at approximately 1:50 am I[, ] Investigator C.
Feldkamp conducted an investigation into allegations that
offenders Dwight Williams #973439, Jesse Eddy #140112, Samuel
Gonzales #220185, Courtney Love #112871, Derrick Jones
#220226, Charles Jones #962674 and Deandre Tyus #259815
participated in criminal gang activity to include
trafficking, organized/ conspiracy to commit assault and
battery, conspiracy/ destruction of a crime scene and
possession of dangerous or deadly contraband. A confidential
case file is maintained in I&I 16-IYC-0145 and is
available for review in the I&I Office. Sufficient
substantiated evidence exists to support this case.
conduct report also indicates “See Report of
Investigation”. The report of investigation was
completed by Investigator Feldkamp, in which he reported
about Williams and the other offenders involved in the
October 2, 2016 incident:
During the incident the above mentioned offenders were
observed on facility video in the HUN A-Unit bed area
committing assault and battery upon each other on the above
mentioned date multiple times. As a direct result of the
investigation into the incident, having gained intelligence
thou [sic] facility video, interviews with both staff and
offenders and offender communication services (GTL and
J-Pay), I could substantiate that the above mentioned
offenders were having a dispute concerning trafficking, theft
of illegal contraband[, ] and the conspiracy to destroy
states evidence by the removal of evidence from a crime
scene. The above mentioned offenders were uncooperative with
the investigation alleging that the assault was over a fan.
The above mentioned offenders involved were researched as
participating in the assault and having taken part in
cleaning the area of A-Unit where the assault occurred.
Additional investigation lead to the discovery of
contraband[;] contraband that was stolen from offender Eddy
and then later recovered in a targeted search of offender
Jones #220226 (cell phone). Facility video reviewed also
produced the brandishing of a weapon during the incident by
offender Williams. As a result of additional targeted
searching in A and B units in North Dorm three hundred
dollars worth of illegal drugs (Suboxone) and a shank was
recovered and are believed to be the weapon observed in the
video. There is also substantiated case reports to support
the allegations provided in this report. The cases are
maintained in the I&I Office and are confidential in
nature. Case's [sic] 16-IYC-0145, 16-IYC-0159.
conduct report and investigation reports were based on the
findings of in-depth internal affairs investigations into
November 1, 2016, Williams was notified of the charge
participation in criminal gang and served with a copy of the
conduct report and a copy of the Notice of Disciplinary
Hearing “Screening Report.” Williams was notified
of his rights and pleaded not guilty. He requested witnesses,
including, among others, Investigator Feldkamp. He also
requested “case #16-IYC-0145 16-IYC-0159[, ] GTL and
JPay notes[, ] and Description of offender in video
November 29, 2016, the disciplinary hearing officer
(“DHO”) held a disciplinary hearing in case
IYC16-11-0008. Williams pleaded not guilty and provided the
following statement: “I was on this camp for 19 days
from a level one, I don't know any of these guys that
they say I'm talking to. I spent 5 days in intake and I
was only in that dorm 5 days”. After considering
witness statements, Williams' statement, staff reports,
video review, and the I & I case files, the DHO found
Williams guilty of offense A-100 violating any
federal/state/local law. Due to the seriousness and nature of
the offense as well as the degree to which the violation
disrupted /endangered the security of the facility, the DHO
imposed the following sanctions: a transfer to a more secure
facility, 360 days in disciplinary segregation, 360 days'
lost earned credit time, and demotion in credit class from
class 1 to class 3.
administrative appeals were denied and he filed the present
petition for a writ of habeas corpus.