United States District Court, S.D. Indiana, Indianapolis Division
SAMMIE L. BOOKER-EL, Petitioner,
KEITH BUTTS, Respondent.
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
WALTON PRATT, JUDGE
petition of Mr. Sammie L. Booker-El for a writ of habeas
corpus challenges a prison disciplinary proceeding on July
18, 2018, identified as NCF 18-07-0111. For the reasons
explained in this Entry, Mr. Booker-El’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.App’x
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
15, 2018, Officer Salgado wrote a conduct report charging Mr.
Booker-El with violating Code B-223, engaging or encouraging
others in a group demonstration. Dkt. 8-1. The conduct report
At the above date and approximately [sic] time [July 15,
2018, at 14:38p.m.] offender Sammie Booker refused to go
inside of the house and encorage [sic] other to [do] the same
thing. This happen[ed] after he and 3 other offenders were
advised that they were going to receive a conduct report for
disobeying an order. He stop[ped] in front of the house and
indicated to the others ‘Let[‘s] start a riot now
if the sargeant [sic] dont come.’ Offender Booker was
advised of this conduct report. End of report.
Salgado also completed an incident report which stated that
Mr. Booker-El “was throwing his hands up[, ] pacing[, ]
yelling[, ] and he clenched his fist at which time I deployed
[a] chemical agent” hitting Booker-El “on the
side of the neck.” Dkt. 8-2. Two other officers
responded to the incident and completed incident reports.
Sergeant Altom witnessed Officer Salgado’s use of the
chemical agent on Mr. Booker-El and subsequently placed Mr.
Booker-El in mechanical restraints. Dkt. 8-3. Sergeant
Anderson escorted Mr. Booker-El to medical without incident.
Dkt. 8-4. A serious incident report was also completed which
stated that Mr. Booker-El was “given multiple orders to
enter C unit. . . . Officer Salga[d]o states the offender
refused all orders and became disorderly and had clenched
fists.” Dkt. 8-5.
17, 2018, Mr. Booker-El was notified of the charge, which the
disciplinary hearing board had modified to B-223/240, attempt
to engage or encourage others in a group demonstration, and
served Mr. Booker-El with a copy of the conduct report and
the screening report. Dkt. 8-7. Mr. Booker-El pleaded not
guilty and declined the appointment of a lay advocate,
although one was later appointed. Dkt. 8-8. Mr. Booker-El did
not request any witnesses, but he did request video from
“1430 to 1445 in front of C-Dorm 7-15-18.”
17, 2018, the hearing officer reviewed the requested video
and issued a written summary stating that the “[v]ideo
shows offender identified as offender Booker, Sammie #127170
by Officer Salgado on the yard in front of C-unit pacing and
waiving [sic] his arms around. Camera does not record
sound.” Dkt. 8-10.
18, 2018, a disciplinary hearing was held and Mr. Booker-El
pleaded not guilty and stated, “Me and 3 others were
waiting on the Sgt. to get there, we knew he was on the way.
The officer told us to go in. We did not go in.” Dkt.
8-9. Mr. Booker-El was found guilty based on the conduct
report, the video evidence, and Mr. Booker-El’s
statement. Id. As a result of the guilty finding,
Mr. Booker-El was sanctioned with a 30-day loss of good-time
Booker-El filed appeals to the Facility Head and the Final
Reviewing Authority. Dkt. 8-13; dkt. 8-14. Both appeals were
denied. Id. Mr. Booker-El then brought this petition
for a writ of habeas corpus pursuant to 28 U.S.C. §