United States District Court, S.D. Indiana, Indianapolis Division
ENTRY GRANTING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
Jane Magnus-Stinson, Chief Judge
petition of Christopher Ashlock for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
IYC 17-06-0066 in which he was convicted of violating B-215,
Unauthorized Possession of Property. For the reasons
explained in this Entry, Mr. Ashlock's habeas petition
must be granted.
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
discipline challenged in the petition occurred when Ashlock
was housed at the Plainfield Facility. The report of conduct
On 6/8/17 at approximately 1:22pm I, Sgt. Faudree was
approached by Ofc. Gagnon stating that offender Ashlock,
Christopher #137863 had given him a [one-page] typed letter
requesting witness(es) and evidence for case # IYC 17-06-0046
Unauthorized Possession of Personal Information-247B.
Offenders at this facility have access to the Law Library,
but must be on the Law Library call out. Offender Ashlock was
screened for this case on 6/7/17 at approximately 1:15pm. The
Law Library is over at 3:00pm and offender Ashlocak was not
on the Law Library call out for 6/7/17. I checked the morning
call out for the Law Library on 6/8/17 and offender Aslock
was not on that call out either. Therefore Offender Ashlock
could have not typed this letter in the Law Library and was
not charged for the copies made of the letter.
Dkt. 10-1. The one-page letter at issue stated:
8, 2017, Ashlock was charged in case IYC-06-0066 with offense
B-0215, Possession or Theft of State Property. B-0215 makes
“Unauthorized possession, destruction, alteration,
damage to, or theft of State property or property belonging
to another” an offense. IDOC Adult Disciplinary
Process, Appendix I, (available at
(last visited June 25, 2018)).
10, 2017, Ashlock received a copy of the conduct report. At
the same time, Ashlock received notice of his rights. Ashlock
plead not guilty, requested a lay advocate, and said he did
not wish to call any witnesses or need any physical evidence.
Disciplinary Hearing Officer (DHO) held the disciplinary