United States District Court, S.D. Indiana, Indianapolis Division
CALVIN L. SARVER, Petitioner,
WARDEN, Plainfield Correctional Facility,  Respondent.
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
William T. Lawrence, Judge
L. Sarver petitions for a writ of habeas corpus, challenging
prison disciplinary proceeding number REF 16-04-0023. For the
reasons explained in this Entry, Mr. Sarver'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
April 16, 2016, Indiana Department of Correction Officer
George Edmonds, Jr., charged Mr. Sarver with the use and/or
possession of a cell phone, a violation of the IDOC's
Disciplinary Code for Adult Offenders, Appendix I, Section
A-121. Officer Edmonds's conduct report provides:
On 4/16/2016 at approximately 9:45 a.m. I (Officer George
Edmond`s Jr.) received a napkin from an anonymous resident
while sitting at the officer's desk. The Note stated
“C1 Bathroom man using cell phone I Think right
now.” This writer investigated and observed resident
Sarver Calvin #943684 sitting on the toilet with a white
sheet hanging across in front of him. This writer gave an
order to take the sheet down so I could pat search him.
[R]esident stated “I just sat down” I officer
Edmonds stood and waited but Sarver begin [sic] to prolong
the wait. I Officer Edmonds asked Sarver did he have anything
he wanted to give me. Sarver #9436684 [sic] stated
“no”, I Ofc. Edmonds ordered Sarver to stand up,
then began to pat search him. Soon as I got to
Sarver[‘s] right leg he reached and grabbed a black
cell phone out of his sweat pants and fled into D1 Bathroom.
Sarver reached his hand with the cell phone into the toilet
and flushed once, then I Officer Edmonds gave him an Order to
turn around and cuff up. As I radioed for 06 then radio for
Officer Needs Assistances [sic] in Unit 8, Sarver flushed the
toilet once again, then Sarver stood up and placed his hands
behind his back. Officer Edmonds placed hand cuffs on
resident Sarver #943684 and escorted him to the shift office.
Once Sarver got to the shift office he admitted to this
writer and Lt. J. White that he had a cell phone that he had
taken from the refrigerator [sic] in the C1-D1 dayroom area.
Dkt. No. 13-1.
Sarver was notified of the charge on April 21, 2016, when he
received the screening report and a copy of the conduct
report. Dkt. No. 13-4. He pleaded not guilty, did not request
witnesses, but asked for the photographs that were taken as
hearing was held on April 28, 2016. Mr. Sarver made this
statement at the hearing:
I have no idea what this write up is talking about. Ofc.
Edmonds came in the restroom and asked me to remove the
sheet, which I did. He asked to pat me down.
I stated “yes” after I'm done . . . . He
patted me down and didn't find anything. He then told me
to turn around and cuff up and took me to shift office.
Dkt. No. 13-6 (ellipses added). The hearing officer also
considered a statement from Correctional Lt. James White:
On 4-16-2016 at approx. 9:57a.m., Officer George Edmonds Jr.
escorted resident Sarver, Calvin #943684 to the shift office.
I was informed by Officer Edmonds that resident Sarver,
Calvin #943684 had a cell phone in his procession [sic] and
when he was being pat down he fled and flushed the cell phone
down the toilet. This writer, Lieutenant James White,
interviewed Sarver, Calvin #943684 who then admitted to this