United States District Court, S.D. Indiana, Terre Haute Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
JANE MAGNUS-STINSON, CHIEF JUDGE.
December 12, 2016, petitioner Raymond Chestnut filed a
petition for writ of habeas corpus pursuant to 28 U.S.C.
§ 2241 challenging 18 separate disciplinary hearings in
No. 2:16-cv-0459-WTL-DKL. The Court determined that each
disciplinary proceeding had the status of a separate court
proceeding and ordered that 17 new habeas actions be filed.
Thus, this action relates to Mr. Chestnut's challenge to
the disciplinary proceeding that commenced with Report No.
respondent filed a return to order to show cause. Mr.
Chestnut did not reply and the time to do so has passed. For
the reasons explained in this Entry, Mr. Chestnut's
habeas petition must be denied.
inmates must be afforded due process before any of their good
time credits-in which they have a liberty interest-can be
revoked.” Jones v. Cross, 637 F.3d 841, 845
(7th Cir. 2011). “In the context of a prison
disciplinary hearing, due process requires that the prisoner
receive (1) written notice of the claimed violation at least
24 hours before hearing; (2) an opportunity to call witnesses
and present documentary evidence (when consistent with
institutional safety) to an impartial decision-maker; and (3)
a written statement by the fact-finder of the evidence relied
on and the reasons for the disciplinary action.”
Id.; see also Superintendent, Mass. Corr. Inst.
v. Hill, 472 U.S. 445, 454 (1985); Wolff v.
McDonnell, 418 U.S. 539, 570-71 (1974). In addition,
“some evidence” must support the guilty finding.
Ellison v. Zatecky, 820 F.3d 271, 274 (7th Cir.
The Disciplinary Proceeding Regarding Incident Report
Officer Beaver wrote an Incident Report at USP-Lewisburg on
May 26, 2013, which stated as follows:
On May 26, 2013, at approximately 8:01 a.m., while this
officer was conducting cell rotations on D-block second [sic]
floor when [sic] this office[r] observed inmate CHESTNUT
#13465-171 assault inmate FLUELLEN, CORY #04436-017.
Specifically, inmate CHESTNUT #13465-171 was striking inmate
FLUELLEN in the head and upper torso with close[d] fist
punches while inmate FLUELLEN was in hand restraints. Inmate
CHESTNUT refused numerous orders to cease his actions and
submit to hand restraints. This officer then called for
Dkt. 23-13 at 7.
Officer Fisher was assisting Senior Officer Beaver with the
cell rotations at the time of the incident. He wrote the
On the above date [5-26-2013] at approximately 8:01am, I was
assisting in the 21 day cell rotation in D-Block,
specifically on the third floor at cell 303. As I removed the
hand restraints from inmate Chestnut #13465-171, he began to
assault inmate Fluellen #04436-017 by striking him in the
face and upper torso area with closed fists. Once assistance
was called, I gave inmate Chestnut several direct orders to
submit to hand restraints but he refused all staff orders. I
then administered two, two second bursts of OC spray from my
MK-4 dispenser with negative results. He continued to hold
inmate Fluellen[']s hand restraints and continued
assaulting him. Once inmate Chestnut complied with staff
orders and ceased his actions, I then applied hand restraints
and assisted in removing him from the cell and escorting him
to the third floor shower area where he was decontaminated
due to OC exposure and medically assessed. I sustained no
injuries or loss of equipment.
Dkt. 23-13 at 11.
Officer Russo also wrote a memorandum discussing the
On May 26, 2013 at 8:01 am I was assisting with cell
rotations on D-block third floor. I assisted in placing
Inmates Fluellen #04436-017 and Chestnut #13465-171 into cell
303. When Officer Fisher removed the hand restraints from
inmate Chestnut he immediately began assaulting inmate
Fluellen, striking him in the head and upper torso with
closed fists. Inmate Fluellen was still restraind [sic]
behind the back at this time. I gave the inmate several
direct orders to stop fighting with negative results. I then
administered 2-2 second bursts from the MK4 which had
negative results. Officer Fisher and ...