United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
WALTON PRATT, JUDGE
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.
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).
The Disciplinary Proceeding
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.
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.
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.
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.
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.