United States District Court, S.D. Indiana, Terre Haute Division
EARLIE B.A. BERRY, JR., Petitioner,
BRIAN SMITH, Respondent.
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
Jane Magntts-Stinson, Chief Judge.
petition of Earlie B.A. Berry, Jr. for a writ of habeas
corpus challenges a prison disciplinary proceeding identified
as No. ISF 17-01-0059. For the reasons explained in this
Order, Mr. Berry's habeas petition must be
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
January 21, 2017, Correctional Officer Cooper wrote a Conduct
Report charging Mr.
with B-235, resisting. Dkt. 9-1. The Conduct Report states:
On 1-21-17, at approximately 1624 pm, I C/O Cooper #260 was
conducting an escort of Offender Berry, Earlie DOC# 932151.
Just before entering the holding cell in DRHU's lobby,
the offender physically resisted by spinning around and
pulling his arms from my grip. I identified the offender by
his state issued ID and notified him of this conduct report.
Dkt. 9-1 at 1. DRHU refers to the Disciplinary Restrict
Housing Unit at Putnamville Correctional Facility
(Putnamville). Correction Officer Rigsby submitted a back-up
statement, which states:
On 1-21-17, at approximately 1624 pm, I C/O Rigsby #264
observed Offender Berry, Earlie DOC# 932151 physically resist
C/O Cooper #260. Just before entering the holding cell in
DRHU's lobby, the offender spun around and pulled his arm
from C/O Cooper's grip. I identified the offender by his
state issued ID and notified him of this conduct report.
Dkt. 9-1 at 2.
Berry was notified of the charge on January 25, 2017, when he
received the Screening Report. He pleaded not guilty to the
charge, requested a lay advocate, and did not request any
witnesses. Dkt. 9-3. He asked for the “video” as
physical evidence. Id.
Disciplinary Hearing Board determined that allowing Mr. Berry
to view the video recorded evidence would jeopardize the
safety and/or security of the facility. Thus, the hearing
officer viewed the video evidence and completed a summary of
the video, which states:
On 1.21.17 at approx. 1624 Officer Cooper can be seen
escorting you (Berry, Earlie #932151) into the holding cell
in DRHU. It appears that once you enter the cell you ...