United States District Court, S.D. Indiana, Terre Haute Division
WILLIAM L. LILE, JR., Petitioner,
DICK BROWN Superintendent, Respondent.
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
Jane Magnuts-Stinson, Chief Judge
petition of William L. Lile, Jr., for a writ of habeas corpus
challenges a prison disciplinary proceeding, WVD 16-12-0002,
in which he was found guilty of possession of altered
property. For the reasons explained in this entry, Mr.
Lile's habeas petition must be denied.
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).
The Disciplinary Proceeding
November 30, 2016, Officer Case issued a Report of Conduct to
Mr. Lile for a violation of Code B-228, possession of altered
property. The Report of Conduct stated:
On 11-30-16, I C/O D. Case was assigned to the left wing of
PHU. At approximately 9:45 p.m. while conducting a targeted
cell search of PHU 111 I did find a combination lock with the
face missing and six pieces of fabric tied to the latch.
Offenders Lile, William #895654 and Martin, Daniel #105614
both reside in PHU cell 111.
Lile was provided notice of the offense on December 5, 2016.
Dkt. 7-2. Mr. Lile requested the use of a lay advocate and
three witnesses, Officer Case, Wiggins, and his cellmate,
Martin #105614. Id. “Wiggins” apparently
referred to another officer at Wabash Valley, but the
screening officer noted that an officer by that name could
not be located as employed at the facility. Id.
Lile also requested physical evidence: “Lile's
bunkie (Martin) will show bracelets and necklaces that he
makes and uses the property as a weight for them.”
Id. Mr. Lile relies on this notation as Mr.
Martin's witness statement. Dkt. 2 at 3 (“Mr.
Daniel Martin #105614 told Screening Officer Ms. Zimmerman
and she wrote on my Notice of Disciplinary Hearing [Screening
Report] State Form 39585 [R7/1-14]; Lile bunkie [Martin] will
Case stated that:
Offenders Lile #895654 and Martin #105614 both received a
Conduct Report for “Altered Property.” Neither
offender received a Conduct Report for a
“Weapon.” I do not have the ability to predict
what any of the above mentioned Offenders were going to use
the altered lock for in the future. Conduct Reports are
completed using factual information and evidence.
disciplinary hearing was held on December 8, 2016. Dkt. 7-5.
Mr. Lile stated, “It aint mine. That's all I can
say.” Id. The Hearing Officer found Mr. Lile
guilty based on staff reports, statement of offender,
evidence from witnesses, a photo of the item, the
confiscation slip, and the physical item present at the
hearing. Id. The recommended and approved sanctions
were a written reprimand, loss of phone privileges,
disciplinary segregation, a one credit class demotion, and 90
days of lost earned credit time. Id. The Hearing
Officer imposed the sanctions ...