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Hawthorne v. Warden

United States District Court, S.D. Indiana, Indianapolis Division

May 3, 2019

ROOSEVELT HAWTHORNE, Petitioner,
v.
WARDEN, Respondent.

          ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND DIRECTING ENTRY OF FINAL JUDGMENT

          SARAH EVANS BARKER, JUDGE UNITED STATES DISTRICT COURT

         The petition of Roosevelt Hawthorne for a writ of habeas corpus challenges a prison disciplinary proceeding identified as No. IYC 18-03-0179. For the reasons explained in this Entry, Mr. Hawthorne's habeas petition must be denied.

         A. Overview

         Prisoners 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).

         B. The Disciplinary Proceeding

         On March 28, 2018, Investigator Gaskin issued a Report of Conduct charging Hawthorne with a violation of Code B-215, Unauthorized Possession of Property. The Report of Conduct states:

On March 26, 2018 at approximately 12:30 PM, I R Gaskin Investigator had a conversation with offender HAWTHORNE, ROOSEVELT F. #973835, about his foot gear. Inmate Hawthorne said that he was authorized black gym shoes because of medical reasons that was authorized by the medical staff from another facility and had it updated when he got here to IYC. Offender Hawthorne was asked for a copy of his medical instructions sheet, upon reviewing the document inmate Hawthorne was call to the investigations' office for further conversation on the shoes. During the interview inmate Hawthorne on 3-28-2018, inmate Hawthorne admitted that he receive the pair of black Nike shoes from an offender that was housed in the PLUS unit and that he was leaving the facility. Inmate Hawthorne alleges that at ¶ 3-15-2018, he went to medical and had the doctor write him an order to wear the black Nike shoes with the white accents. He went on to say because medical informed him that diabetic shoes were too costly for medical to purchase. When asked inmate Hawthorne admit that no other staff authorized him to receive the shoes from the other inmate other than the doctor when Hawthorne took the shoes to HSU for the medical staff to review. A SF36030 (Notice of Confiscated Property) receipt was given to the he [sic] inmate.

Dkt. 7-1.

         Hawthorne was notified of the charge on April 4, 2018, when he was served with the Report of Conduct and the Notice of Disciplinary Hearing. Dkts 7-1, 7-3. Hawthorne pled not guilty and stated that he would bring evidence from medical. Dkt. 7-3.

         The Hearing Officer conducted a disciplinary hearing on April 6, 2018. Dkt. 7-10. The Hearing Officer noted that Hawthorne stated, “Doctor authorized me to wear these shoes knowing they was from another offender. For mesh [sic] purposes.” Id.

         Hawthorne submitted two copies of two exhibits to the hearing officer that reflected he had authorization to keep and wear the shoes at issue. See dkt. 2-1 at ¶ 1-2. These documents included the following:

1. Medical instructions dated January 11, 2018, that states that Hawthorne was cleared to wear diabetic shoes per MD Dew. Dkt. 7-5, 7-8.
2. A facility note dated March 15, 2018, with a classification order that states, “cleared to wear diabetic shoes he has from outside (already in his possession) NO stairs offender may keep wearing, unless regs specifically require him to wear his boots, daily, at all times, until he is ...

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