United States District Court, S.D. Indiana, Indianapolis Division
DAVID J. DIXON STP-18-01-0194, Petitioner,
DUSHAN ZATECKY Warden, Pendleton Correctional Facility, Respondent.
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
Jane Magnus-Stinson, Chief Judge
petition of David J. Dixon for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
STP-18-01-0194. For the reasons explained in this Order, Mr.
Dixon's 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
January 22, 2018, Sergeant Patton reviewed a recorded
telephone call from January 7, 2018, between Mr. Dixon and a
friend of Mr. Dixon, Alexis Hines, and determined that they
were speaking in code about bringing something inside the
prison. See dkt. 9-1; dkt. 9-7 at 1. Internal
Investigations reviewed video tape of a visit on January 7,
2018, between Mr. Dixon and Ms. Hines. Based on the video
review, Sgt. R. Patton wrote a Conduct Report charging Mr.
Dixon with A-l 13, trafficking. Dkt. 9-1. The Conduct Report
On 1/22/18 during a review of Offender Dixon, David IDOC#
111218 phone call history, Sgt. R. Patton heard Dixon
speaking to Alexis Hines in code about what is believed to be
details on trafficking an unknown substance into the facility
on past occasions. During a camera review of his visit on
1/7/18, Hines opens a bag and places it on the table at the
beginning of the visit. She leaves the table as Dixon
approaches. Dixon sits down and picks up the bag. He digs in
the bag and then places something into his jumpsuit pocket.
End of report.
Dixon was notified of the charge on January 29, 2018, when he
received the Screening Report. Dkt. 9-2. He pleaded not
guilty to the charge, requested a lay advocate, and did not
request any witnesses. Id. He requested the
"phone conversation between Dixon & Hines" and
the "camera footage saved in DHB folder ('Dixon
111218['])" as physical evidence. Id. He
also waived his right to 24 hours' advance notice before
the disciplinary hearing. Id. Mr. Dixon signed the
Screening Report. Id. Mr. Dixon was provided with a
lay advocate, inmate Christopher Cooley. Dkt. 9-5.
disciplinary hearing board determined that allowing the
offender to view the video recorded evidence would jeopardize
the safety and security of the facility, so a summary of the
video recording was prepared. Dkt. 9-8. The video summary
On the above stated date/time/location, video evidence shows
Alexis Hines approach a visitation table with a bag, sits
down at the table, opens the bag, place the bag on the table
and exits the table. Offender Dixon approaches the table,
sits down, picks up the stated bag, digs in it several times
and proceeds to take an item out and place it in his jumpsuit
Court reviewed the video, which was submitted ex
parte. Dkt. 13 (ex parte). The video summary
prepared by the disciplinary hearing board accurately
summarizes the video. Id. The video shows Ms. Hines
arriving first and buying something from the vending machine.
She sets a snack bag and two soda cans on the table. While
sitting at the table, she takes various items out of her
pockets. Ms. Hines opens the bag with the last three fingers
of her right hand still held against her palm. Ms. Hines then
puts her right hand into the bag and takes a chip out to eat
it and her fingers are no longer held against her palm. Ms.
Hines sets the food bag up against a drink can on the far
side of the table from her and waits. Just as Mr. Dixon gets
done checking in at the door, Ms. Hines leaves the table and
stands in front of a vending machine. Mr. Dixon sits down and
looks inside the bag. Mr. Dixon eats one thing from the bag
and wipes his hands. Mr. Dixon looks in the bag again and
puts his hand in and out. This time, however, after Mr. Dixon
reaches in the bag and brings his hands to his mouth, his
hands brush past and put something in the front pocket of his
overalls before he brushes his hand on his pants. Thereafter,
Mr. Dixon proceeds to eat from the bag without looking at
what he pulls out of the bag.
prison disciplinary hearing was held on September 11, 2017.
According to the notes from the hearing, Mr. Dixon argued,
"What did I traffic There isn't enough evidence for
this conduct." Dkt. 9-6. Based on the staff reports and
the physical evidence from the video and phone conversation,
the hearing officer found Mr. Dixon guilty of A-113,
trafficking. The sanctions imposed included 105 days of
earned credit time deprivation, a credit class demotion from
B to C, and the ...