United States District Court, S.D. Indiana, Terre Haute Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
Jane Magnus-Stinson, Chief Judge
petition of Dusty Vaughn for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as WVE
18-02-0053. For the reasons explained in this Entry, Mr.
Vaughn'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
February 9, 2018, Sgt. Norton wrote a Conduct Report that
charged Mr. Vaughn with Class A offense 102, Assault With
Bodily Fluid. The Report of Conduct stated:
On 02/09/18 @ approximately 0318 hours, I Sergeant Norton
#336, while attempting to get offender Vaughn, Dusty #171917
to comply with orders to be placed in mechanical restraints
in DRHU strip cell, was assaulted with bodily fluid. Vaughn
refused to comply with orders and spit at me, hitting me on
the left side of my face. Vaughn was identified by State
wristband and DRHU Seg roster.
an initial hearing was conducted, on appeal the Indiana
Department of Correction decided to rehear the case. Dkt.
Vaughn was rescreened on June 22, 2018, when he was served
with the Report of Conduct and the Notice of Disciplinary
Hearing (Screening Report). Dkt. 9-3. The Screening Report
noted that Mr. Vaughn did not wish to call any witnesses, but
as physical evidence he asked for video from 3:00 a.m. to
4:00 a.m. on February 9, 2018. Id. Mr. Vaughn
pleaded not guilty, did not request a lay advocate, and did
not waive 24-hour notice of the hearing. Id.
hearing officer conducted a second disciplinary hearing on
June 29, 2018. Dkt. 9-4. At the rehearing, Mr Vaughn stated,
“I never spit on staff. I never refused orders to cuff
up. I am disputing the conduct report and Sgt. Norton was
acting on the video.” Id.
hearing officer determined that Mr. Vaughn violated Class A
offense 102, battery. Id. The evidence on which the
hearing officer relied consisted of staff reports, the
statement of the offender, and video evidence. Id.
The hearing officer cited this evidence as the reason for the
decision. Id. Because of the seriousness of the
offense and the degree to which the violation
disrupted/endangered the security of the facility, the
sanctions imposed were a written reprimand, 360 days in
disciplinary restrictive housing, and an earned credit time
deprivation of 360 days. Id.
appeal, the 360-day deprivation of earned credit time was
reduced to 180 days. Dkt. 9-5. Mr. Vaughn filed this habeas
action on October 4, 2018, and it is ripe for resolution.