United States District Court, S.D. Indiana, Terre Haute Division
DEMETRIUS D. TAYLOR, Petitioner,
RICHARD BROWN, Respondent.
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
William T. Lawrence, Senior Judge
petition of Correctional Industrial Facility inmate Demetrius
Taylor for a writ of habeas corpus challenges Indiana prison
disciplinary proceeding number WVD 17-10-0180. For the
reasons explained in this Order, Mr. Taylor's habeas
petition is granted.
in Indiana custody may not be deprived of good-time credits
or of credit-earning class without due process. Ellison
v. Zatecky, 820 F.3d 271, 274 (7th Cir. 2016);
Scruggs v. Jordan, 485 F.3d 934, 939 (7th Cir.
2007); see also Rhoiney v. Neal, 723 Fed.Appx. 347,
348 (7th Cir. 2018). The due process requirement is satisfied
with: 1) advance written notice of the charge; 2) a limited
opportunity to call witnesses and present evidence to an
impartial decision-maker; 3) a written statement articulating
the reasons for the disciplinary action and the evidence
justifying it; and 4) “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); see also Jones v. Cross, 637 F.3d
841, 845 (7th Cir. 2011) (same for federal inmates).
The Disciplinary Proceeding
October 26, 2017, Indiana Department of Correction (IDOC)
Investigator J. Raney wrote a conduct report charging Mr.
Taylor with a violation of codes A 111/113 (conspiracy,
attempting, aiding or abetting/trafficking.) The conduct
On 10/11/2017, during an interview in the Office of
Investigations, Aramark worker, M. Willard did admit that he
had brought contraband into the facility (ie., cell phones,
K-2, K-2 spray and tobacco). Mr. Willard did admit that
Offender Taylor received some of the contraband, specifically
cell phones and K-2 (green leafy substance).
Due to Mr. Willard admitting to a felony charge of
trafficking, I find him (Willard) to be
report of investigation of incident was prepared on October
26, 2017. The report provides:
On 10/11/2017, Aramark worker, M. Willard was brought to OII
for questioning. Mr. Willard did admit that he had trafficked
contraband into the facility on several occasions. Mr.
Willard did admit that he had brought cell phones, K-2, K-2
spray and tobacco and that Offender Taylor had received some
of these items, specifically cell phones and K-2 (green leafy
I do find Mr. Willard to be creditable as he implicated and
admitted to a felony charge of trafficking.
16-1, at 2.
Taylor was notified of the charge on October 27, 2017, when
he received the Screening Report. He pleaded not guilty to
the charge. He did not request a lay advocate. Mr. Taylor
indicated that he wanted to call witnesses and requested
physical evidence. In support of these requests, he attached
a list of questions, ...