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.

Waymire v. Knight

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

March 13, 2018

JESSE WAYMIRE, Petitioner,
v.
WENDY KNIGHT, Respondent.

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

          TANYA WALTON PRATT, JUDGE

         The petition of Jesse Waymire for a writ of habeas corpus challenges a prison disciplinary proceeding identified as prison disciplinary case number CIC 16-01-0164. For the reasons explained in this Entry, Mr. Waymire's habeas petition must be denied.

         A. Overview

         Prisoners 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 by 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).

         B. The Disciplinary Proceeding

         On January 20, 2016, Correctional Industrial Facility Sergeant G. Jones wrote a conduct report charging Mr. Waymire with assault with a weapon or inflicting serious bodily injury, a violation of the IDOC's Adult Disciplinary Code section A-102. The conduct report provides:

On 1-20-16 at approximately 11:55PM, I, Sergeant G. Jones, was assisting on an escort of Offender Waymire, Jesse #201611 (21B-3E). During the escort, Offender Waymire, Jesse #201611 bit me on the shoulder and grabbed my penis.

Dkt. 2-2, p.1.

         Mr. Waymire was notified of the charge on January 22, 2016, when he received the Screening Report. Dkt. 2-2, p. 2. He plead not guilty to the charge, did not request any evidence, did not request witnesses, and requested a lay advocate. Dkt. 2-2, p. 2. He waived his right to twenty-four hours notice before a hearing. Id.

         A hearing was held on the same day as the screening, January 22, 2016. Based on the staff report, the hearing officer found Mr. Waymire guilty of an assault on staff. The sanctions imposed included a three hundred sixty-five-day earned-credit-time deprivation, a credit class demotion, and the imposition of other sanctions. Dkt. 2-2, p.3.

         Mr. Waymire appealed to Facility Head and the IDOC Final Reviewing Authority; both appeals were denied. Dkt. 2-2, pp. 4-5. He then brought this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

         C. Analysis

         Mr. Waymire presents two grounds for habeas corpus relief, the first challenging the sufficiency of the evidence and the second that his mental health at the time of the assault incident should have been better investigated. Dkt. 2, pp. 3-4.

         Sufficiency ...


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.