United States District Court, S.D. Indiana, Indianapolis Division
ANTHONY WINDER 905047 PENDLETON - CF PENDLETON CORRECTIONAL
Katherine A. Cornelius, INDIANA ATTORNEY GENERAL
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
R. SWEENEY II, JUDGE
petition of Anthony Winder for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as No.
ISR-17-08-0123. For the reasons explained in this Order, Mr.
Winder'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
August 12, 2017, Sergeant Hubbard wrote a Conduct Report
charging Mr. Winder with A-100, violation of law (Indiana
Code 35-48-1-9). Dkt. 11-1. The Conduct Report states:
At approximately 10:20 p.m. on August 12, 2017, Officer J.
Gannon, Officer L. Gray, and I, Sergeant G. Hubbard, were
conducting a search of cell 19 on the 6F range of J cell
house which currently houses offender Winder, Anthony
#905047. While searching this cell I found a sock underneath
of the cell table that appeared to have something inside of
it. Upon further investigation I found that the sock
contained inside of a small plastic bag five small,
rectangular packages made out of green paper that contain a
green, leafy substance, three small, rectangular packages
made out of white paper which are wrapped in saran wrap that
contain a green, leafy substance, and two small, cylindrical
packages made out of white paper that contain a light-blue
crystal substance inside of them.
Dkt. 11-1. Officers Gannon and Gray submitted written
statements corroborating Sergeant Hubbard's Conduct
Report. Dkt. 11-11; dkt. 11-12. Sergeant Hubbard completed an
evidence record of the confiscated items and noted that the
items were delivered to “DHB Locker 303.” Dkt.
11-2. Pictures were taken of the confiscated items, and Mr.
Winder was provided with a Notice of Confiscated Property,
which identified the confiscated items as “1-small
plastic bag, ” “5- small, rectangular packages
made of green paper that contain a green, leafy substance,
” “3-small, rectangular packages made out of
white paper which are wrapped in saran wrap that contain a
green, leafy substance, ” and “2- small,
cylindrical packages made out of white paper that contain a
light-blue crystal substance inside of them.” Dkt.
11-3; dkt. 11-4. On August 21, 2017, Investigator Brock
Turney wrote an email stating that “[t]he 8 packages of
green leafy substance were identified as marijuana, the 2
packages of light blue crystal substance tested positive for
Meth.” Dkt. 11-10.
Winder was notified of the charge on August 23, 2017, when he
received the Screening Report. In his screening report, the
alleged offense was identified as “Violating any law -
Poss. Of. Cont. subs. IC 35-48-1-9.” He pleaded not
guilty to the charge, requested a lay advocate, and did not
request any physical evidence. Dkt. 11-5. He requested to
call Officer Dean as a witness, who was not present during
the shakedown, but brought him a confiscation slip six days
after the search. His request to call Officer Dean was
“-denied-.” Id. A lay advocate was later
appointed for Mr. Winder. Dkt. 11-6.
appears that Mr. Winder's prison disciplinary hearing was
originally scheduled for August 22, 2017, but was postponed
to August 31, 2017. Dkt. 11-7. His hearing was postponed a
second time “due to the large amount of cases.”
prison disciplinary hearing was held on September 11, 2017.
According to the notes from the hearing, Mr. Winder stated,
“The night I was never informed about any drugs being
found in my cell. I wasn't given a confiscation slip on
it 6 days later about finding the drugs. It had the date on
it that the drugs were found, however I was not told.”
on the staff reports, evidence from witnesses, the
identification of the drugs by the investigator, and the
evidence card with pictures, the hearing officer found Mr.
Winder guilty of A-100, violation of any law, specifically IC
35-48-1-9, possession of controlled substances. Dkt. 11-9.