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 Magntts-Stinson, Chief Judge
petition of Terry Tripp for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
ISF 17-08-0157. For the reasons explained in this Entry, Mr.
Tripp'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
August 9, 2017, Correctional Officer Laloux issued a Report
of Conduct charging Mr.
with a violation of Code B-215 for unauthorized possession of
state property. The Report of Conduct states:
ON 8-09-17 AT APPROX 1455PM I OFFICER B. LALOUX #40 WHILE
DOING A PROPERTY SEARCH OF OFFENDER TRIPP, TERRY #103679 BED
AREA(11SD-39D) DID FIND IN HIS PROPERTY BOX A BOOK TITLED
“PRISONERS' SELF-HELP LITIGATION MANUEL”.
[sic] OFFENDER TRIPP IS UNAUTHORIZED TO POSSESS THIS
ARTIC[LE] AS IT BELONGS TO THE LAW LIBRARY. OFFENDER TRIPP
WAS IDENTIFIED BY HIS STATE ISSUED ID, GIVEN A CONFISCATION
SLIP, AND ADVISED OF HIS CONDUCT REPORT.
Dkt. 10-1. Mr. Tripp was notified of the charge on August 14,
2017, when he was served with the Report of Conduct and the
Notice of Disciplinary Hearing (Screening Report). Dkt. 10-2.
The Screening Officer noted that Mr. Tripp requested
statements from Ms. Burrows and Mr. Williams. Id.
The Screening Officer also noted that he requested the photo
copy of the book. Id.
Burrows submitted a statement that provides, “The book
was made prior to me working in there. I never gave
permission to Tripp or any other offender to possess the book
outside of the Law Library. Offenders are only permitted to
have this book while in the Law Library.” Dkt. 10-3.
(capitalization modified). When asked if it was a photo copy
and if it was made by Burrows for Mr. Tripp, Mr. Williams
replied, “The binder copy of the original book is made
for every offender [to] use while in Law Library. We do not
make binder books to sell to offenders.” Dkt. 10-4.
Hearing Officer conducted a disciplinary hearing on August
18, 2017. Dkt. 10-9. The Hearing Officer noted that Mr. Tripp
“request[ed] 353 - unauth[orized] poss[ession] of
home in 60 days. Was given book by another offender who
worked there previously. Had book for months.”
Hearing Officer determined that Mr. Tripp had violated Code
B-215 after considering the staff reports, the statement of
the offender, and the evidence from the witnesses.
Id. The sanctions imposed included a written
reprimand, a restriction of J Pay privileges, and the
deprivation of 90 days of earned credit time. Id.
Tripp appealed to the Facility Head and the Final Reviewing
Authority, both of which were denied. He then brought this
petition for a writ of ...