United States District Court, S.D. Indiana, Terre Haute Division
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
William T. Lawrence, Judge
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.
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
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
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
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.
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.
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
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.
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 ...