United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
R. SWEENEY II, JUDGE
White's petition for a writ of habeas corpus challenges a
prison disciplinary proceeding identified as ISR 17-01-0041.
For the reasons explained in this Entry, Mr. White'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
17-01-0041 was initiated based on the following conduct
report prepared by Lt. C. Conlon on January 5, 2017:
On 1-5-17 at approx. 8:30AM Office [sic] Lawless
called for assistance on the radio due to Offenders
White#109158 and Bluestein#166225 were in a [sic]
altercation that included Offender Bluestein running away
from Offender White. After reviewing camera it was determined
that Offender White was chasing offender Bluestein around the
dorm with a weapon. It was determined prior to the weapon
being presented that there was a physical altercation between
the both offenders where they were seen exchanging punches.
hearing officer, M. Stamper, reviewed surveillance video of
the incident and summarized his findings as follows:
I M. Stamper did the video review. I witnessed offender
Bluestein #166225 and offender White # 109152 punching each
other in K-6, up towards the officer's office and the
offender microwave. I also witnessed offender White as he was
walking towards offender Bluestein appear to take some type
of object out of his waist band of his sweat pants. After
both offenders throw a few punches at one another, offender
Bluestein then appears to be trying to get away from offender
White. Offender White continues to chase after him until an
officer steps into the dorm and gets offender Bluestein out
of the dorm.
White was charged with assault in violation of Code A-102 of
the Indiana Department of Correction's (IDOC) Adult
Disciplinary Process. Dkt. 12-2. At his hearing on February
14, 2017, Mr. White raised as a defense that he did not touch
Mr. Bluestein. Dkt. 12-3. Officer Stamper found Mr. White
guilty of attempted assault in violation of Codes A-102
(Assault/Battery) and A-111 (Conspiaracy/Attempting/Aiding or
Abetting). Dkt. 12-3. Officer Stamper's hearing report
indicates that he based his determination on the conduct
report and his review of the video. Id. Officer
Stamper assessed sanctions, including a written reprimand; 45
days' lost phone, commissary, and kiosk privileges; one
year's confinement to disciplinary segregation;
deprivation of 360 days' earned credit time; and a
demotion of one credit-earning class. Id.
White attests under penalty of perjury that he appealed his
conviction to both the institutional and IDOC levels and was
denied in each case. See dkt. 1 at 2, 8. The
respondent disputes this assertion and has tendered records
from its inmate conduct database indicating that no appeal
was filed. See dkt. 12-4.