United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
WALTON PRATT, JUDGE
petition of Matthew Shirley for a writ of habeas corpus
challenges a prison disciplinary proceeding identified as NCF
18-04-0024. For the reasons explained in this Entry, Mr.
Shirley'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 2, 2018, Officer Criswell wrote a conduct report in
case NCF 18-04-0024 charging Mr. Shirley with offense B-215,
replacement of state property. Dkt. 7-1. The conduct report
On the above date and approximate time [4/2/18, at12:30 p.m.]
I Officer Criswell witnessed offender Shirley (DOC# 212152)
move the barcades [sic] in the chow #1. Offender Shirley was
asked not to touch them[;] he then took it upon himself to
walk down the rest of the line and move the rest of them
over. Offender Shirley then wanted to mouth off to myself and
Officer Gilmer. Offender Shirley was advised [that] he would
be wrote up for violating Code #215 replacement of state
Gilmer wrote a corroborating statement explaining that he
“witnessed offender Shirley #212152 purposly [sic] move
the barcades [sic] in chow hall #1. Shirley was told not to
move them and said ‘fuck it' and moved the
rest.” Dkt. 7-2.
April 6, 2018, the screening officer notified Mr. Shirley of
the charge of alteration of state property and served him
with a copy of the conduct report and a copy of the notice of
disciplinary hearing (Screening Report).” Dkt. 7-3. Mr.
Shirley pleaded not guilty and requested a lay advocate, who
was later appointed. Dkt. 7-3; dkt. 7-4. Mr. Shirley
requested offender Tony Blair as a witness, but he did not
request any additional witnesses or evidence. Dkt 7-3.
Disciplinary Hearing Board secured a written statement from
Mr. Blair in lieu of live testimony because it did “not
have the staff or the area to maintain safety and
security.” Dkt 7-6.
written statement Mr. Blair said:
I was like seven spots behind Mr. Shirley and at no point did
Mr. Shirley move any part of the chain. Ofc. Gilmer was the
Ofc. hollering at Mr. Shirley then he came up the serving
line and took Mr. Shirley's I.d. Mr. Shirley remained in
the serving line until he reached the main window then he
continued on too [sic] the diet window and tried too [sic]
get his I.d. back so he could get his diet tray. Ofc. Gilmer
refused to give it back after several request[s] until
finally Sgt. ...