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Moore v. Warden

United States District Court, S.D. Indiana, Indianapolis Division

May 22, 2018

CAMERON MOORE, Petitioner,
v.
WARDEN, [1] Respondent.

          ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS AND DIRECTING ENTRY OF FINAL JUDGMENT

          TANYA WALTON PRATT, JUDGE

         The petition of Cameron Moore (“Moore”) for a writ of habeas corpus challenges a prison disciplinary proceeding identified as No. IYC 17-05-0172. For the reasons explained in this Entry, Moore's habeas petition is granted.

         A. Overview

         Prisoners 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) (“Piggie II”); Webb v. Anderson, 224 F.3d 649, 652 (7th Cir. 2000).

         B. The Disciplinary Proceeding

         On May 18, 2017, Investigator S. Puckett wrote a Conduct Report charging Moore with a violation of Code B-207, use of an electronic device. The Conduct Report states:

On May 19, 2017 I S. Puckett found that Offender Moore 230021 has an active Facebook page. The page is under the name Chops From-Warman. Social media by offenders is a violation of ED 12-04. This Office will remove the Facebook page.

Dkt. 2-1 at 5; dkt. 8-4. The report also indicates under physical evidence “Copy of ED 12-04, facebook page.” The relevant post that triggered the Conduct Report is:

         (Image Omitted)

Dkt. 8-2 at 1. The post was made by Ladii Jakobia Anderson, when at Plainfield Correctional Facility, stating “Had a good visit to start my day off #FreeChops Chops From-Warman.” This post tagged Chops From-Warman, apparently an alias for Moore, and because of that tag, the post appeared on Moore's Facebook page or “Wall.”

         Moore was notified of the charge on May 20, 2017, when he received the Screening Report. Dkt. 2-1 at 5; dkt. 8-4. He pleaded not guilty to the charge, requested a lay advocate, and did not request any witnesses. For physical evidence, he requested “[a]ll evidence pertaining to this case.”

         The prison disciplinary hearing was held on May 24, 2017. According to the notes from the hearing, Moore stated: “I've been locked up for 7 years. I don't even know the password for the account.” Dkt. 2-1 at 1; dkt. 8-6 at 1. Based on the staff reports, Moore's statement, and the photos of Facebook, the hearing officer found Moore guilty of B-207, use of an electronic device. The sanctions imposed included thirty (30) days of earned credit time deprivation and a suspended credit class demotion.

         Moore 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 a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

         C. ...


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