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Grady v. Brown

United States District Court, S.D. Indiana, Terre Haute Division

September 4, 2018

KENNY GRADY, Petitioner,
RICHARD BROWN, Warden, Respondent.


          Hon. William T. Lawrence, Judge

         The petition of Kenny Grady for a writ of habeas corpus challenges Indiana prison disciplinary proceeding number WVS 17-05-0005. For the reasons explained in this Entry, Mr. Grady's habeas petition is denied.

         A. Overview

         Prisoners 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).

         B. The Disciplinary Proceeding

         On May 24, 2017, Indiana Department of Correction (IDOC) Investigator L. Harbaugh wrote a Conduct Report charging Mr. Grady with the Class A offense of conspiracy, assisting, or attempting to traffic with another. The Conduct Report provides:

The Investigation department began looking into multiple unauthorized financial transactions that were being communicated over the GTL system [the inmate telephone system] between Offender King and a girlfriend, Kelyn Crittenden. During the course of the investigation it was discovered that King had connections with food service offenders, who had corrupt staff willing to bring drugs inside. Also during calls it was found that Ms. Crittenden, upon King's request was meeting people on the streets for the purpose of picking up drugs and collecting money. While investigating these concerns during the course of May 7th, 8th, 9th and 10th Ms. Crittenden agreed to meet and obtain two packages of drugs from Markel Jordan, brother of Jeron Jordan, 245195 (see attached breakdown.). Meeting dates and times were mentioned, and information was exchanged about the drop. Offender Jordan conspired with Ms. Crittenden to meet his brother to conduct this illegal activity. Jordan and Offender Jordan spoke about the meeting and Jordan first spoke with Ms. Crittenden using Offender Kenny Grady's phone. Grady has worked with Crittenden in the past giving her multiple pay-pal numbers for King. Grady was more of a middle man but he did by policy conspire with King and Jordan to get drugs brought inside.
Evidence: All calls can be reviewed on the GTL system. JPays can be reviewed linking Grady and Ms. Crittenden. Case #17-MCF-0054 Attempted Trafficking and 17-MCF-0050 Attempting to Traffic.

Dkt. No. 10-1. Investigator Harbaugh wrote other confidential reports, filed in this action ex parte, which describe the investigation and actions of the persons involved in more detail. Dkt. No. 12. Some of this information may be discussed or cited below.

         Mr. Grady was notified of the charge on May 26, 2017, when he received the Screening Report. Dkt. No. 10-2. He pleaded not guilty to the charge, requested a lay advocate, but did not request any witnesses or physical evidence. Id.

         The disciplinary hearing was held June 12, 2017. Dkt. No. 10-6. It had been postponed in order to give the hearing officer time to review case files from the Miami Correctional Facility concerning other offenders thought to be involved in trafficking drugs. Mr. Grady made this statement in his defense:

Mr. Jordan asked to use my phone. Ms. Crittenden bring my children to see me. I stepped away - I didn't know what they had going on. I know nothing about paypal numbers being given. I have given her numbers to call a girl for me.

Dkt. No. 10-6.

         Based on Mr. Grady's statement, the conduct report, the case file summaries from the Miami Correctional Facility in 17-MCF-00504 & 17-MCF-0054, and the confidential reports of investigation, the hearing officer found Mr. Grady guilty of the A-111/113 offense. Grievous sanctions imposed ...

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