United States District Court, S.D. Indiana, Indianapolis Division
DUSTIN A. STAFFORD, Petitioner,
DUSHAN ZATECKY, Respondent.
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
Jane Magnus-Stinson, Chief Judge United States District Court
petition of Dustin A. Stafford for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
IYC 16-11-0202. For the reasons explained in this Entry, Mr.
Stafford's habeas petition must be
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
April 3, 2017, Correctional Officer Weddell issued a conduct
report charging Mr. Stafford with unauthorized possession of
property in violation of Code B- 215. The conduct report
On 4/3/2017 approx. 3:56 a.m. I Of c. Weddell went into
Offender Stafford['s] cell 23-5B upon inspection of his
cell I found a 3 ½ in carpenter nail in the wall where
the state mirror use[d] to be. Also I found a hand size ball
of copper wire in his property box and a steel block on the
Dkt. 10-1 (capitalization modified). Mr. Stafford was
notified of the charge on April 6, 2017, when he was served
with the conduct and screening reports. The screening officer
noted that Mr. Stafford requested statements from offenders
Steven Gray and Carl Gilbert. Dkt. 10-2. He requested an
investigation and tests on the nail for DNA and fingerprints.
Id. Those requests were denied. He also requested
the cell inspection sheet and the conduct history for the
offender who lived in the cell before him, but these requests
were also denied. Id. Mr. Gray provided a statement
I gave a fan to Dustin to fix cause [I] needed it so he said
he could fix it but they called Rec at the same time, and he
walks by, and tell me he took it apart but wanted to go to
Rec, and he would get it done after Rec. so before he came in
the officer search his room, and took the fan. The officer
has in the past said he didn't like Offender Dustin so
this was mainly because of that dislike thing.
Dkt. 10-3 (capitalization modified). Gilbert also provided
statement that provides:
Mr. Stafford, ask me about his mirror in his room/cell when
his first moved into 5B23. There was none, I told that I
would report that to Sgt Eknst, the OIC. I also informed him
that they don't do cell inspection anymore cause the
room/cell was dirty! Needed to have rooms cleaned before
people move into cells.
Dkt. 10-4 (capitalization modified).
hearing officer conducted a disciplinary hearing on May 9,
2017. The hearing officer noted that Mr. Stafford stated,
“All I had was the fan that I was fixing. I am guilty
of a 353.” Dkt. 10-10. The hearing officer determined
that Mr. Stafford had violated Code B-215. The sanctions
included disciplinary segregation, the deprivation of 30 days
of earned credit time, and a suspended sanction demoting Mr.
Stafford from credit class B to credit class C. Id.
Stafford appealed to the Facility Head and the Indiana
Department of Correction (“IDOC”) Final Reviewing
Authority, both of which were denied. He then brought this
petition for ...