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 Willie Mays for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
ISR 17-06-0082. For the reasons explained in this Entry, Mr.
Mays' habeas petition must be denied.
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
12, 2017, Officer C. Gary observed Mr. Mays sitting on a
property box slouched over to one side. Gary suspected that
Mr. Mays was under the influence of a controlled substance
and placed him in restraints. Dkt. 6-11. Officer Gary
attempted to escort Mr. Mays from the dormitory, but Mr. Mays
resisted. The following conduct report recounts the incident:
On the above date and approximate time I, officer [sic] C.
Gary called Sgt. B. McNally for assistance in Dorm #1. When
he arrived, I had offender Mays #917558 in mechanical
restraints and was trying to escort him out of the dorm. As
Sgt. McNally and myself were escorting the offender, the
offender started to [sic] physically resisting us and was
kicking at Sgt. McNally's legs and feet. We had to place
him on the ground to gain control.
video surveillance footage shows Officer Gary and two
additional officers attempting to escort a struggling Mr.
Mays out of the dorm. Dkt. 10. The video review states:
THE VIDEO WAS REVIEWED. I M. Stamper did the video review.
From the video review I witnessed the officer trying to
escort offender Mays #917558 out of the dorm. However, it
appears that offender Mays is intoxicated. The Sgt. And
another officer come to try and assist him. When the Sgt.
Assists the officer offender Mays starts resisting. In order
to get control of offender Mays they have to place him on the
ground. They get offender Mays up and he continues to kick
them and resist them all the way to the shake down booth.
Mays was screened for resisting prison officials on June 16,
2017. At the time of his screening, Mr. Mays requested
witnesses and also requested video evidence. Dkt. 6-2. The
hearing was conducted on August 9, 2017. The hearing officer
found Mr. Mays guilty by a “preponderance of
evidence” based on staff reports, evidence from
witnesses, and a review of surveillance video footage. Mr.
Mays' sanctions included 30 days lost earned credit time.
Mays appealed to the facility head and the Indiana Department
of Correction final reviewing authority, both of which were
denied. He then brought this petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. The respondent
filed his return to the order to show cause on January 16,
2018. The petitioner did not reply and the time to do so has