United States District Court, S.D. Indiana, Indianapolis Division
EVANS 951691 PENDLETON - CIF CORRECTIONAL INDUSTRIAL
FACILITY, FRANCES HALE BARROW INDIANA ATTORNEY GENERAL
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
William T. Lawrence, United States District Court Judge
petition of Steve Evans for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
CIC 17-06-0225. For the reasons explained in this Order, Mr.
Evans'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
October 28, 2016, a kitchen worker witnessed Mr. Evans
passing a note to another inmate while in line for food. The
note was confiscated and forwarded to Investigator A. Mills.
same day, Investigator A. Mills wrote a Conduct Report
charging Mr. Evans with a violation of A-111/113 for
conspiracy to/attempting/aiding or abetting trafficking. The
Conduct Report states:
On 10/28/16 after the lunch chow, Officer S Hall brought a
note to my office for review. It was reported that the note
was confiscated from another offender after Offender Evans,
Steve 951691 (21B-2A) passed it to that offender during chow.
The note indicates it was written by “Lil Yogi”
and addressed to “Coco”. Offender Evans is known
to go by the moniker “Yogi”. I compared hand
writing examples for Offender Evans against the hand writing
on the note. I am confident that Offender Evans wrote the
note that was confiscated. Upon reviewing the contents of the
note, I discovered that Offender Evans was attempting to get
“K-de” (a street name for K-2 or Spice) and
“strips” (Suboxone strips) into the facility.
This note is clear evidence that offender Evans was
conspiring or attempting to Traffick the controlled
Substances “K-2” and/or “Suboxone”
into the facility and as such is a violation of ADP code
A-111/113 Attempting/Conspiring to commit Trafficking.
Dkt. No. 8-1 at 1. A copy of the note along with a statement
from Officer Hall were attached to the Conduct Report.
Id. Investigator Mills also completed an evidence
record related to the confiscated note. Dkt. No. 8-1 at 2. A
copy of the note, reproduced below, is provided as an exhibit
to the respondent's Return. Dkt. No. 8-1 at 2.
Dkt. No. 8-1 at 2. Officer Steve Hall also wrote an email to
Investigator Mills, which stated:
On 10/28/2016 I was given a hand written note by Sgt. Harris
during the noon feed. Sgt. Harris stated to me that he
received it from Aramark Supervisor Prince. I went to talk to
Mr. Prince and he stated to me that he witnessed Offender
Steven Evans hand the note to Offender Aris Brown. Mr. Prince
then stated that he confiscated the note from Offender Brown
and gave it to Sgt. ...