United States District Court, S.D. Indiana, Indianapolis Division
WILLIAM R. BOWMAN, Petitioner,
KEITH BUTTS, Warden of the New Castle Correctional Facility,  Respondent.
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
William T. Lawrence, Judge
R. Bowman's petition for a writ of habeas corpus
challenges his disciplinary conviction WVD 17-04-0020 on
April 17, 2017. For the reasons explained in this Entry,
Bowman's habeas petition is 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
April 3, 2017, a report of conduct was issued by Jess M.
Bline against Bowman. Bowman was charged with offense B-213,
threatening, in case WVD 17-04-0020. The report of conduct
Mr. William Bowman DOC #156713 came through the diet line and
passed his diet card through the window. At that point Mr.
Adrian L. Galbreath informed Jess M. Bline that Officer
Shroyer left orders to pull Mr. Bowman's diet card
because he was not using it right. When I took the card,
Offender Bowman told Offender Galbreath that he would beat
his white faggot ass when he caught up with him.
Dkt. No. 9-1. Bowman's personal preference diet card was
then confiscated because the card was expired and he was not
on the diet list. Dkt. No. 9-2.
screening officer, Aaron Benefiel, testified that Bowman was
notified of the charge on April 10, 2017, when he was
screened and the Screening Report was completed. At that
time, Bowman pleaded not guilty to the charge. Dkt. No. 9-3.
He requested a lay advocate, but he did not request any
witnesses or physical evidence.
hearing was held on April 17, 2017. Bowman pleaded not guilty
and said, “I didn't say that.” Dkt. No. 9-7.
Bowman further asserted that the conduct report was false
because “white people [do] not call others
provided a witness statement from Offender Brian Ogle (IDOC
#156782), which stated:
On the date in time in question I heard an inmate serving
food out the diet window telling staff to take a lacto card
and refuse to make lacto tray. I heard my name so I look to
only see & hear A.G. repeat what I just hearing. So, I
asked why you snitchin? I heard you. Why you got beef w/ me?
He said, “Not you Bowman.” So I relay the threat
to Bowman, as he is summoned to the window, where he turned
to ask inmate A.G., “we got beef or something?”
S.R. said “something” Bowman turns and tells me,
“you hearing this tough guy behind this window?”
So Bowman asked A.G. did you just tell them ppl. to take my
card? A.G. said what if I did? Bowman replied, then you'd
be snitchin, bitch-ass coward. Mrs. Jones seem to side w/
Bowman telling him to talk to Lt. for him to get his card. It
should be noted that I was verbally engaging at the same
Dkt. No. 9-5. This statement was considered by the hearing
complained that he had not been screened and stated that he
wanted correctional officer Jones's statement and video
evidence. Then, Bowman started talking about his mother dying
and past hearings; Bowman was given two ...