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Dooley v. Warden

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

June 8, 2018

DORRIS L.Y. DOOLEY, Petitioner,
v.
WARDEN, INDIANA WOMEN'S PRISON, [1] Respondent.

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

          TANYA WALTON PRATT, JUDGE

         The petition of Dorris L.Y. Dooley for a writ of habeas corpus challenges Indiana prison disciplinary proceeding number IWP 17-03-0108. For the reasons explained in this Entry, Ms. Dooley's habeas petition is denied.

         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 by 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).

         B. The Disciplinary Proceeding

         On March 1, 2017, at the Indiana Women's Prison, Correctional Officer Hope Dekruyf observed Ms. Dooley acting in a disorderly manner and wrote the following conduct report charging her with disorderly conduct, a violation of the Indiana Department of Correction Adult Disciplinary Code Section B-236. The Conduct Report provides:

On the above date and time I, correctional officer Hope Dekruyf while conducting a basic hygiene line heard offender Dorris Dooley #259567 upset and screaming from her door. Offender was upset because I didn't take her dinner sack right away to her room. Offender was throwing things in her room and was banging on the door. She was also very disorderly by screaming and yelling. Offender Dooley is being charged with a disorderly conduct.

Dkt. 8-1.

         Ms. Dooley was notified of the charge on March 6, 2017, when she received the Screening Report. Dkt. 8-2. She plead not guilty to the charge, requested a lay advocate, asked to call a witness, and asked for certain evidence. Id. The witness, inmate Marge Bryant, provided a written statement:

Offender Dooley had asked officer for her dinner sack, her sugar was low and she try to explain to the officer that she needed to eat. The officer denied her the sack. She then asked to go to suicide watch.

Dkt. 8-3.

         A hearing was held on March 9, 2017. Ms. Dooley provided this statement to the hearing officer:

Officer said she was going to write me up because I went on suicide watch because it was going to make her job harder. I haven't been in any trouble since January.
I'll plead guilty to a 360 disruptive. This is a situation where everyone was stressed out. I did not ...

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