United States District Court, S.D. Indiana, Indianapolis Division
JOSHUA H. FIELD, Petitioner,
H. FIELD MIAMI - CF MIAMI CORRECTIONAL FACILITY
Hunter INDIANA ATTORNEY GENERAL
ENTRY GRANTING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
Jane Magnus-Stinson, Chief Judge
petition of Joshua Field for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
CIC 17-07-0227. For the reasons explained in this Entry, Mr.
Field'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
19, 2017, Sergeant Shodgrass wrote a Report of Conduct in
case CIC 17-07-0227 charging Field with possession of a
hazardous chemical. The Report of Conduct states:
On 7-19-17 I, Sgt. Shodgrass was shaking down 32 B-4A
Offender Field, Joshua #971403 32 B-4A had 2 container[s] of
oil a plastic lemon with unknown chemical sitting on top of
his gray box at approx. 11:00 am.
21, 2017, Field was notified of the charge of possession of a
hazardous chemical and served with the Report of Conduct and
the Notice of Disciplinary Hearing “Screening
was notified of his rights, pled not guilty, and did not
request the appointment of a lay advocate. He did not request
any witnesses or physical evidence.
hearing, held on July 25, 2017, the hearing officer found
Field guilty of the charge of possession of a hazardous
chemical. In making this determination, the hearing officer
considered the offender's statements, staff reports, and
photographic evidence. The hearing officer recommended and
approved the following sanctions: a written reprimand, 45
days lost commissary and phone privileges, 115 days earned
credit time deprivation, and a demotion from credit class B
to credit class C.
appealed to the facility head on August 8, 2017. The facility
head considered Field's appeal and modified the charge
from A106 possession of a hazardous chemical to B215
possession of unauthorized property. The facility also
modified the sanctions, reducing the privilege loss from 45
days to 30 days and reducing the credit time loss from 115
days to 90 days. Field then appealed that determination to
the Department of Correction (DOC) Appeal Review Officer, and
this appeal was denied by letter on December 13, 2017.