United States District Court, S.D. Indiana, Indianapolis Division
BRADFORD D. JENSEN, Petitioner,
WENDY KNIGHT, Respondent.
ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS
AND DIRECTING ENTRY OF FINAL JUDGMENT
WALTON PRATT, JUDGE
prison inmate Bradford D. Jensen petitions for a writ of
habeas corpus challenging a prison disciplinary sanction
imposed on rehearing in disciplinary case number CIC
17-05-0117. For the reasons explained in this Order, Mr.
Jensen'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
8, 2017, Indiana Department of Correction (IDOC) Investigator
J. Poer wrote a Report of Conduct charging Mr. Jensen with
attempting to commit a violation of a federal, state, or
local law, a violation of the IDOC's Adult Disciplinary
Code offenses A-111 and A-100. The Report of Conduct states:
On 5/8/17 I, Inv. J. Poer, was reviewing a JPay message
written by offender Jensen, Bradford 893924 17A-4C. The JPay
message was sent by offender Jensen on 4/27/17 at 9:32 AM. In
the message Jensen tells the customer, “first things
first is a burner and few Mexicans that don't carry and
ima get rich. Jensen also tells the customer to make a
“list of the ppl who have did you wrong cuz ima get
even with a few ppl upon my release so if you run across a
nice burner grab it and put it up in the attic for
me…” In my experience as a Correctional Police
Officer, I am confident that Jensen is asking the customer to
locate a firearm that will be untraceable i.e. not registered
to him or any of his associates. Jensen is also requesting
that the customer select several people or
“targets” for him to rob. Jensen wants the
targets to be ones that are not known to carry guns to make
them easier targets. Jensen states he is planning to
“get even” with people once he gets out and he
plans to “get rich.” Based upon the context of
this email, I am confident that offender Jensen is asking the
customer to locate a gun and hold it for him until his
release. Then upon his release, Jensen plans to use that gun
to rob people for the purposes of “getting rich”
and “getting even”. By making this request,
offender Jensen is in violation of A111/1100 Conspiring or
Attempting to commit any Violation of Law (Robbery IC
Dkt. 9-1. Attached to the Report of Conduct was a printout of
the email, which states:
my lil ninja peakin round corners and what not. i hear that
you stayin safe out there makes me feel good. I have my hours
in on my job now so i should be getting my time cut soon. i
start carreer devl. class tomorrow and thats a 3 month time
cut. i start substance abuse may 12th and thats another 6
months so i am working on gettin out there within like 2
years as of today so mos def on the downslide. first things
first is a burner and a few mexicans that dont carry and ima
get rich. so keep ya ear to thwe pavement and a list of the
ppl who have did you wrong cuz ima get even with a few ppl
upon my release. so if you run across a nice burner grab it
and put it up in the attic for me kid cuz im gonna need a
tool to get my riches and a couple of targets too ... chu got
me bay?????? chea i know you do! you're all i need, so
keep it tight aight! B
Dkt. 9-2 [sic].
disciplinary hearing was held on May 10, 2017. The hearing
officer found Mr. Jensen guilty of attempting to commit
robbery, a violation of Indiana law. Sanctions were imposed
that included the loss of ninety-two days of earned credit
time and a demotion in credit earning class. Mr. Jensen
unsuccessfully appealed to the Warden and Final Reviewing
Jensen then filed a petition for a writ of habeas corpus in
this Court. Jensen v. Knight, No.
1:18-cv-00065-TWP-TAB (S.D. Ind. Jan. 8, 2018). On August 16,
2018, this Court granted Mr. Jensen's petition, finding
insufficient evidence to support the hearing officer's
conclusion that Mr. Jensen intended to commit the crime of
robbery. Id. The respondent was directed to vacate
the disciplinary conviction and restore Mr. Jensen's lost
earned credits. Id.
IDOC elected to conduct a rehearing on the Report of Conduct.
On August 22, 2018, Mr. Jensen was notified of the rehearing
and provided a Notice of Disciplinary Hearing (Screening
Report). Dkt. 9-3. Mr. Jensen refused to plead, refused to
say whether he desired a lay advocate, and refused to answer
questions about requested witnesses and evidence.
rehearing was held on August 28, 2018. Mr. Jensen stated that
he never said he was going to rob anybody, and that the term
“burner” meant a cell phone. Dkt. 9-4. He also
read this Court's order granting him habeas corpus relief
in the earlier action. The hearing officer considered Mr.
Jensen's statement, the staff reports, and the email.
Id. He found that Mr. Jensen's statement about
what “burner” meant was not true, and it did mean
a “firearm.” Id. The hearing officer
also found that the evidence proved the Indiana crime of
unlawful possession of a firearm by a serious or violent
felon. Id. He modified the state law ...