United States District Court, S.D. Indiana, Terre Haute Division
ENTRY GRANTING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
Jane Magnus-Stinson, Chief Judge
petition of Benjamin Adams for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
IYC 17-03-0078. For the reasons explained in this Entry, Mr.
Adams'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 by 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 13, 2017, Internal Affairs Investigator, Clinton
Feldkamp, wrote a report of conduct charging Adams for the
offense A-102/111 conspiracy to commit assault and battery
with serious bodily injury. The conduct report stated:
On 10/13/2017 at approximately 3:42 pm I Investigator C.
Feldkamp completed an investigation into an assault of an
offender who[se] name[s] shall be maintained in I&I
confidential case file 17-IYC-0027 for safety and security
reasons. During the course of that investigation it was
discovered that offenders Kenneth Garretson #249544, Benjamin
Adams #993788 and Raymond Barnett #978588 participated in
events in where [sic] staff and offenders were intimidated,
extorted and one person was seriously injured. Based on these
factors this writer is requesting aggravated circumstances be
cited and that these offenders be transferred to another
facility. See Report of Investigation.
incident report was also completed and provided to Adams at
his screening. The incident report stated:
On 9/6/2017 at approximately 10:30 am I Investigator C.
Feldkamp completed an investigation into offenders Adams
Benjamin #993788, Kenneth Garretson #249544 and Raymond
Barnett #978588 for there [sic] participation in a series of
events that ultimately lead [sic] these offenders into
participating in extortion, intimidation, assault/battery
that caused theft and serious bodily injury. The names of the
staff and offenders who were victimized by these offenders
shall remain confidential and are maintained in I&I case
file 17-IYC-0027 for safety and security reasons. On February
2, 2017 an offender was assaulted and seriously injured when
his arm was fractured. I was formally assigned to investigate
the circumstances that lead [sic] to the assault. During the
course of the investigation I discovered that the injured
offender had been being victimized by these offenders and
extorted over the course of several months. During the
investigation the injured offender also identified these
offenders who he alleged intimidated and extorted him. Once
the offender ran out of money and co[u]ld no longer pay the
extortion and refused to surrender his personal belongings to
these offenders he was then assaulted and robbed of his
belongings. There was also an allegation that the offenders
who participated in these events were gang members, and
during interview with offender Garretson it was discovered
that he was an undocumented Gaylord gang member. Staff who
reported the incident also alleged to have been victimized by
these offenders and instructed by the offenders that the
staff was under their “protection” and that they
would run the unit as well as decide who works and what
times they work, allowing these offenders to dictate
unrestricted interaction in the unit during times that
offenders would normally be secured in their cells or
restricted to an unauthorized areas or activities. The
offenders accused corroborated this allegation when the[y]
admitted that they were working when not assigned to [a]
count letter and that they instructed the staff on when they
were going to work and took personal ownership of HUC. This
writer is formally requesting that aggravating circumstances
in the event of a guilty verdict is rendered as well as
restitution for the medical costs from the offenders [sic]
serious injury. End of Report.
October 18, 2017, Adams was notified of the charge and his
rights. Adams pleaded not guilty and requested a lay
advocate. A lay advocate was later appointed. Adams requested
the following witnesses:
• Sgt. Roland Supv. That day - He will say that the
offender who was assaulted that he had not been assaulted.
• Ofc. Nelson - I have never been involved in anything
like this or this incident. Who did the injured offender
state assaulted him?
• Offender Garretson - He went in the cell to fight one
• The injured offender - I don't know his name. I
didn't have involvement. Who did the injured ...