United States District Court, S.D. Indiana, Indianapolis Division
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
WALTON PRATT, JUDGE
petition of Anthony Bush (“Mr. Bush”) for a writ
of habeas corpus challenges a prison disciplinary proceeding
identified as No. CIC 18-05-0065. For the reasons explained
in this Order, Mr. Bush's habeas petition must be
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) the issuance of at least 24 hours 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); see also Wolff v. McDonnell, 418
U.S. 539, 563-67 (1974).
The Disciplinary Proceeding
April 28, 2018, Sergeant L. Bryant wrote a Conduct Report
charging Mr. Bush with A-102, assault with a weapon. Dkt.
9-1. The Conduct Report states:
On 4/28/2018 at approx. 2:50 AM an assault with a deadly
weapon occurred to another offender in the 1 range left hand
bathroom. Upon review of the camera it was observed that
Offender Bush, Anthony 228485 11B-1B was seen entering this
bathroom and was the only other offender in this bathroom at
the time of the assault. Offender Bush was observed pulling a
sharpened piece of metal from his pants before entering the
bathroom, entering the bathroom and quickly leaving the
bathroom shortly after the time of the assault. Because
Offender Bush was in possession of this home made weapon and
it was used to assault another offender[, ] Offender Bush
violated code 102 assault with a deadly weapon.
Dkt. 9-1. As physical evidence, Sergeant Bryant noted
“Camera Left B-Unit Time stamp 2:50 AM.”
Id. A picture of the sharpened piece of metal was
taken. Id. at 2.
Bush was notified of the charge on May 5, 2018, when he
received the Screening Report. He pleaded not guilty to the
charge and requested a lay advocate, “Dickson.”
Dkt. 9-2 at 1. Mr. Bush requested a witness statement from
another inmate, “Kalif, ” asking “where was
I.” Id. The form noted that Mr. Bush was
requesting Mustafa Khalif (“Mr. Khalif”), DOC No.
267155, as a witness. As physical evidence, Mr. Bush
requested camera evidence on April 28, 2018, between 2:45 am
and 2:56 am to show that he did not stab anyone or have a
sharp piece of metal. Id. A lay advocate was later
provided to Mr. Bush. Dkt. 9-2 at 2. Mr. Khalif also provided
a witness statement that, “[Mr. Bush] was in my room
the whole night talking to me and my room[m]ate.” Dkt.
9-3 at 4.
disciplinary hearing board determined that allowing Mr. Bush
to view the video recorded evidence would jeopardize the
safety and security of the facility, so a summary of the
video recording was prepared. Dkt. 9-3 at 2. The video
I, Sgt. J. Pardue, reviewed the video footage for case
number: CIC 18-05-0065. During the video review offender Bush
#228485 can be seen reaching into his pants and pulling an
item out. He then quickly enters the restroom. The offender
can be seen exiting the restroom area very quickly.
Id. The Court reviewed the video, which was
submitted ex parte. Dkt. 13 (ex parte). The
video summary prepared by the disciplinary hearing board
accurately summarizes the video. Id.
prison disciplinary hearing was held on May 16, 2018.
According to the notes from the hearing, Mr. Bush stated,
“I was in the bathroom but before that I was in
Khalif's room. I went to the restroom because I was
trying to avoid staff because I wasn't supposed to be
out.” Dkt. 9-3 at 1. Based on the staff reports, Mr.
Bush' statement, the witness statement, the physical
evidence, and the video evidence, the hearing officer found
Mr. Bush guilty of A-102, assault with a weapon. Dkt. 9-3 at
1. The hearing officer noted that the “witness
statement and Bush statement conflict. Video shows Bush going
in restroom pulling an item out off his person.”
Id. The sanctions imposed included 180 days of
earned credit time deprivation and a credit class demotion.
Bush appealed to the Facility Head and the Indiana Department
of Correction (IDOC) Final Reviewing Authority, both of which
were denied. He then brought this petition for a ...