United States District Court, S.D. Indiana, Indianapolis Division
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF JUDGMENT
WALTON PRATT, JUDGE UNITED STATES
petition of Lance McGee for a writ of habeas corpus
challenges a prison disciplinary hearing identified as IYC
18-06-0036. For the reasons explained in this Order, Mr.
McGee's habeas petition must be denied.
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
4, 2018, Sergeant J. Geiger issued a Report of Conduct
(Conduct Report) charging Mr. McGee with a violation of Code
102A, Battery. Dkt. 8-1. The Conduct Report stated:
On 6/4/2018 I Sgt. J. Geiger while reviewing the camera of
South dorm H-Unit observed Offender Boyer, Angeloe #252746
(G4-9U) in the H-unit bed area at the H1-12/H1-13 at 4:34pm
and is seen arguing with an offender later identified as
Offender McGee #249917 (H1-13U). As the two go between the
bunks Offender Boyer appears to bend down and attempt to get
into one of the property boxes and Offender McGee attempts to
stop him and the two are then seen in an altercation, rolling
around on the lower bunk of H1-12 at 4:39pm. After the first
altercation at Offender Boyer starts walking to the latrine
but stops and retrieves a broom from beneath the middle
camera at 4:41pm and as Offender McGee enters the latrine,
Offender Boyer starts to run after Offender McGee with the
broom. Offender McGee later gains control of the broom and
Offender Boyer starts to run away, with Offender McGee
running after him, with the broom, this can be seen on the
middle camera at 4:41:32pm. Offender Boyer runs into the
latrine where he grabs a scrub brush handle. Offender McGee
puts the broom down and begins to exit the latrine back into
the bed area. Offender Boyer puts down the scrub brush
handle. At 4:43pm Offender Boyer picks up the scrub brush
handle and reenters the bed area, goes back to H1-12 area.
Both offender walk back toward the latrine together. At
4:44:14pm Offender McGee grabs the handle in an attempt to
pull it from Offender Boyers' hands. At 4:44:19pm the
scrub brush handle is broken. Offender McGee picks up both
pieces and again goes after Offender Boyer who has now picked
up a mop and the two go off camera. Offender Boyer then runs
from the latrine back into the bed area and Offender McGee
now has the mop handle in his hands. This back and forth with
the mops and broom handles continues until 4:54pm when a
staff member is observed entering the latrine. During this
exchange neither offender is observed actually making contact
with the other. Offender Boyer is observed exiting the H unit
dayroom at 4:54:27pm.
Id. A series of photographs of the items held by Mr.
McGee and Offender Boyer during the altercation were included
with the Conduct Report. Dkt. 8-2.
11, 2018, Mr. McGee was notified of the charge when he
received the Conduct Report and the Screening Report. Dkt.
8-1; dkt. 8-3. He pleaded not guilty to the charge and
requested Offender Boyer as a witness. Dkt. 8-3. Offender
Boyer provided a statement that they “were just
horseplaying” during the incident. Dkt. 8-6.
hearing was held on June 15, 2018. Dkt. 8-5. Mr. McGee
pleaded not guilty to the charge of violating Code 102A,
Battery. Id. At the hearing, he stated that
“they were just horseplaying.” Id. After
considering the staff reports, the witness statement, Mr.
McGee's statement, and the photos, the hearing officer
found Mr. McGee guilty of attempted battery, modifying the
charge to one of violating 111A/102A. Id. The
sanctions imposed included a loss of 180 days earned credit
time and a one-level demotion in credit class. Id.
McGee filed an appeal, which was denied on June 29, 2018.
Dkt. 8-7. He then appealed to the Final Reviewing Authority,
who denied his appeal on July 9, 2018. Dkt. 8-8. After the
denial of his final appeal, Mr. McGee brought this petition
for a writ of habeas corpus pursuant to 28 U.S.C. §
McGee presents two challenges to his disciplinary proceeding:
1) there was insufficient evidence to support the hearing
officer's determination of guilt because no one was
injured and Mr. McGee and Offender Boyer admitted they were
horseplaying; and 2) the conduct report was the result of
prison officials failing to protect Mr. McGee in violation of
his rights and Indiana Department of Correction (IDOC)
policy. Dkt. 2 at 2-3. Mr. McGee is not entitled to habeas
relief on either ground.