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Green v. Superintendent New Castle Correctional Facility

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

March 7, 2018

PHILLIP L. GREEN, Petitioner,
v.
SUPERINTENDENT New Castle Correctional Facility, Respondent.

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

          Hon. Jane Magnus-Stinson, Chief Judge

         The petition of Phillip L. Green for a writ of habeas corpus challenges a prison disciplinary proceeding, NCF 16-02-0153, in which he was found guilty of sexual conduct. For the reasons explained in this entry, Mr. Green's habeas petition must be denied.

         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 21, 2016, Captain R. Adams issued a Report of Conduct charging Mr. Green with a violation of Code B-216, sexual conduct. The Report of Conduct states:

On Sunday, February 21, 2016, at approximately 1951 hours, I Captain R. Adams was reviewing video footage of check point D, when I witnessed offender Phillip Green #238237 and offender Corey Craig #156913 walking passed the elevator towards chow hall 1 door and went out of video footage. I Captain Adams checked on both offenders. I witnessed offender Green standing with his back against the wall with both of his hands on top of offender Craig's head while his penis was inside his mouth. When asked about the incident, offender Green admitted to being involved in sexual conduct with offender Craig. Offender Green was advised that he will be receiving a conduct report for code violation B-216 (sexual conduct).

Dkt. 13-1.

         Mr. Green was notified of the charge on February 23, 2016, when he was served with the Report of Conduct and the Notice of Disciplinary Hearing (Screening Report). Dkt. 13-2. Mr. Green requested as witnesses Sergeant Gard and offender C. Craig. Id. He also requested a review of the camera on February 21, 2016, at 1951 on check point D. Id.

         Sergeant Gard stated:

While in Medical I asked Offender Green #238237 what he and Offender Craig #156913 were doing by the entrance of chow hall one. Green said, “I was touching his penis on the outside of his clothes.” I then asked if the situation was consensual or if Craig made him do it, Green replied, “It was consensual.”

Dkt. 13-3.

         Sergeant Gard also submitted a second statement:

I did not see any sexual act between Green and another offender. However Green did say he was touching offender Craig #156913 on ...

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