United States District Court, S.D. Indiana, Indianapolis Division
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
WALTON PRATT, JUDGE
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
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).
The Disciplinary Proceeding
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
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
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.”
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.
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.