United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
Jane Magnus-Stinson, Chief Judge
petition of Anthony Cole for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
ISR 17-06-0030. For the reasons explained in this Entry, Mr.
Cole's habeas petition must be denied.
in Indiana custody may not be deprived of credit time,
Cochran v. Buss, 381 F.3d 637, 639 (7th Cir. 2004),
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). A violation of state law will not
support the issuance of a writ of habeas corpus. Holman
v. Gilmore, 126 F.3d 876, 884 (7th Cir. 1997).
The Disciplinary Proceeding
3, 2017, Correctional Officer R. Cochran wrote a Conduct
Report charging Mr. Cole with assault on staff. The Conduct
I Officer R. Cochran told Offender Cole, Anthony to go to his
cell 23-5b after a shower. Ofd. Cole then refused to go to
lock in. After several attempts of ordering Ofd. Cole to go
to his cell I ordered him to cuff up. He then refused to cuff
up and started to get aggressive. I ordered him to cuff up
and when he refused again I then applied a one second burst
of O.C. on target. Ofd. Cole then charged at me and hit me on
my left side of the head.
Dkt. 8-1, p. 1.
report of use of physical force was completed by Officer
Cochran setting forth the same statement as in the Conduct
Report. Dkt. 8-1, p. 2. There are also several photographs of
two individuals (presumably Officer Cochran and Mr. Cole)
attached to the Conduct Report. Dkt. 8-1, pp. 3-7. Mr. Cole
was notified of the charge on June 12, 2017, when he received
the Screening Report. He pleaded not guilty to the charge,
requested a lay advocate, and requested Officer Holmes as a
witness. He also requested two inmates as witnesses and
identified them by their cell number - two inmates from 5B.
Cole checked the box requesting physical evidence and in the
box to describe the evidence he wanted, he wrote:
“Video review - he never told me to cuff-up.” He
also requested the Adult Disciplinary Policy and Procedures
(ADP). Mr. Cole was advised to obtain the ADP from the
library. Dkt. 8-2.
Keith Gross, cell 1-5B, provided the following statement:
“I am the range detail worker for 5B in HCH. I
overheard Officer [Cocheran] telling Anthony Cole to cuff up
after Cole asked to speak with [unintelligible] asked why are
you telling me to cuff up when I just wanted to talk to
[unintelligible] at this point Ofc. [Cocheran] began spraying
Cole with his pepper spray and I observed Cole attempt to
cover his fore [sp?] and eyes and at this time Officer
[Cocheran] began to restrain Cole. Quickly into restraining
Cole Officer Hamilton came to assist Officer [Cocheran] and
they restrained Cole.” Dkt. 8-3, p. 3.
Albert Hardister, cell K6-1-7UP, provided the following
statement: “He was on his way to his cell when the
officer stop him. They talk for a while then the officer said
put your hands behind your back after Cole ask for the
Lt.” Dkt. 8-3, p. 4.
Carl Gilbert, lay advocate, provided ...