United States District Court, S.D. Indiana, Indianapolis Division
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
WALTON PRATT, JUDGE
matter is before the Court on the Petition for Writ of Habeas
Corpus filed by Dorris L. Y. Dooley (“Ms.
Dooley”) which challenges a prison disciplinary
proceeding identified as No. IWP 17010019. For the reasons
explained in this Order, Ms. Dooley'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 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); 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
December 30, 2016, Sergeant Lewis wrote a Report of Conduct
charging Ms. Dooley with a violation of B-236, disorderly
conduct. The Report of Conduct states:
At approximately 400 am offender Dorris Dooley 259567 hit the
button for control 11 and stated that she had to use the
restroom. I sergeant De'ja Lewis advised offender Dorris
Dooley 259567 that she would have to wait for staff working
unit 12 to open her door, control II does not pop doors for
unit 12 except for breakfast, lunch, and dinner. Offender
Dorris Dooley 259567 then became very irate yelling and
banging on the door calling me a “Bitch” and
stated “if i [sic] knew what was best for me I would
open her door if I wanted my job”. Offender Dorris
Dooley 259567 stated “You bitches never do your
job”. I sergeant [sic] De'ja Lewis advised offender
Dorris Dooley 259567 that once she calmed down she would be
able to come out and use the restroom. Offender Dorris Dooley
259567 continued to yell and bang on the door stating that
she needed to be put on suicide watch because she felt like
harming herself. Therefore offender Dorris Dooley 259567 is
being charged with 236 Disorderly.
Dkt. -1 at 1; Dkt. -1.
Dooley was notified of the charge on January 10, 2017, when
she received the Screening Report. Dkt. -2. She pleaded
not guilty to the charge and requested a lay advocate. She
asked to call two witnesses: (1) Officer Stewart for a
statement that “they do run a bathroom line” and
(2) a member of the medical staff for a statement that Ms.
Dooley “has bathroom issues waiting to be
addressed.” Id. She also requested two items
of physical evidence: (1) a schedule of activities and (2) a
video showing the bathroom line from 11pm to 5am.
Id. The hearing officer denied Ms. Dooley's
request for a statement from Officer Stewart because it is a
“well known fact” that “bathroom lines are
ran [sic] on unit 12, ” and therefore the statement
would be irrelevant. Dkt. -3. The hearing officer also
denied her request for a statement from medical because the
document is kept on file and was unnecessary at the hearing.
Id. Finally, the disciplinary hearing board
determined that allowing the offender to view the recorded
evidence would jeopardize the safety and/or security of the
facility and prepared a video summary that stated,
“[t]he request for video evidence from 11pm - 5am in
regards to the unit running a bathroom line is irrelevant. It
is a well known fact that bathroom lines are ran.” Dkt.
prison disciplinary hearing was held on January 12, 2017.
According to the notes from the hearing, Ms. Dooley stated:
“I do not recall asking Ms. Lewis to use the restroom.
It was over suicide watch. Between 11 and 5 we are to be let
out as needed. I woke up with swelling. Instead of hurting
myself I asked for help.” Dkt. [1-]1 at 2; Dkt. -5.
Based on the staff reports and Ms. Dooley's statement,
the hearing officer found Ms. Dooley guilty of B-236,
disorderly conduct. The sanctions imposed included ninety
(90) days of earned-credit-time deprivation.
Dooley appealed to the Facility Head, which was denied. She
alleges that she appealed to the Indiana Department of
Correction (“IDOC”) Final Reviewing Authority on
multiple occasions and never received a response. The
Respondent asserts that, as of August 4, 2017, Ms. Dooley has
never filed an appeal to the Final Reviewing Authority.
See Dkt. -2, Dkt. -3, Dkt. -1, Dkt.
-2. Ms. Dooley then brought this Petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.
Dooley asserts three grounds to challenge her prison
disciplinary conviction: (1) she did not receive a fair
hearing because the hearing officer was being intimidating,
yelled and screamed at her, and removed from the hearing; (2)
she only pushed the intercom button because it was an
emergency and she had suicidal thoughts; and (3) she was
charged with profanity, but she only used profanity because
the officer was an argumentative person who did not care
about providing assistance. The Respondent asserts that
because Ms. Dooley has never filed an appeal to the Final
Reviewing Authority, she has failed to exhaust all of her
administrative remedies. As to the merits of her claims, the
Respondent restates Ms. Dooley's claim as (1) whether the
hearing officer was intimidating; and (2) sufficiency of the
evidence. The Respondent asserts that Ms. Dooley's first
ground does not state a claim for habeas relief, and that the
evidence was sufficient to support the charge of disorderly
conduct. In reply, Ms. Dooley asserts that certain due
process rights were violated including her right to request a
witness, the right to present documentary evidence, and the
right to speak on her own behalf at the hearing.