United States District Court, S.D. Indiana, Indianapolis Division
MICHAEL O. CRAIG, Petitioner,
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
R. SWEENEY II, JUDGE
petition of Michael O. Craig for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as NCN
17-04-0031. For the reasons explained in this Entry, Mr.
Craig'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
April 3, 2017, Investigator M. Johnson wrote a Report of
Conduct that charged Mr. Craig with violating I.C. §
35-42-4-1 Dkt. 10-1. The Report of Conduct states:
On October 8, 2016 Offender Ramsey, Alan . . . reported that
at approximately 3:30 pm Offender Craig, Michael . . . forced
anal sex on him. An investigation was initiated, during the
course of the investigation DNA collected by a SANE [Sexual
Assault Nurse Examiner] nurse matched Offender Craig's
DNA. The DNA was collected during an anal swab of Ramsey.
Based on the information and evidence collected, Offender
Craig is in clear violation of ADP code 100 violation of law
(IC 35-42-4-1 Rape).
Report of Investigation added that “Craig told Ramsey
if he did not have sexual acts with him he would bash his
head in with a break [sic] shoe. . . . A sexual assault kit
was collected . . . A positive DNA match to Offender Craig
was found during testing by the ISP lab.” Dkt. 10-2.
Exhibits 1 through 4 are documents from Internal Affairs
Investigation Case Number 16-CIC-0038. Confidential Exhibit 1
is the Report of Investigation completed on April 3, 2017.
Dkt. 12. The report describes Mr. Ramsey reporting the
incident to a Meritor employee and the events leading to Mr.
Ramsey being transported to St. Vincent's Hospital in
Anderson for evaluation. Id. The report also
describes interviews conducted with Mr. Ramsey, the Meritor
employee, and Mr. Craig. Id. Finally, the report
discusses lab testing by the Indiana State Police that
determined DNA from an anal swab taken from Mr. Ramsey
contained DNA from Mr. Craig. Id.
Exhibit 2 includes the Internal Investigations Prison Rape
Elimination Act Check-off List and internal communications
among facility personnel. Dkt. 13. Confidential Exhibit 3
consists of hand-written notes from the interviews conducted
and Confidential Exhibit 4 contains documents from the lab
testing. Dkt. 14; dkt. 15. An ISP Certificate of Analysis
dated February 2, 2017, reported that blood testing and anal,
scrotum, and penis swabs from Mr. Ramsey showed DNA from two
individuals. Dkt. 15. One individual was identified as Mr.
Ramsey. Id. Buccal swabs were later obtained from
Mr. Craig and a March 8, 2017, analysis showed that he was
the other individual whose DNA was present in the samples
taken from Mr. Ramsey. Id.
Craig was notified of the charge on April 13, 2017, when he
was served with the Report of Conduct and Notice of
Disciplinary Hearing (Screening Report). Dkt. 10-1; dkt.
10-3. The Screening Report noted that Mr. Craig did not wish
to call any witnesses, but asked “for all
evidence.” Dkt. 10-3.
Hearing Officer conducted a disciplinary hearing on May 19,
2017. Dkt. 10-4. During the hearing Mr. Craig commented,
“It didn't happen. Nothing else to say.”
Id. The hearing officer found Mr. Craig guilty based
on the staff reports, Mr. Craig's statement, and the
confidential case file. I ...