United States District Court, S.D. Indiana, Indianapolis Division
KEVIN S. TURNER, Petitioner,
ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS
AND DIRECTING ENTRY OF FINAL JUDGMENT
R. SWEENEY II JUDGE
prison inmate Kevin S. Turner petitions for a writ of habeas
corpus challenging a prison disciplinary sanction imposed in
disciplinary case number IYC 18-08-0027. For the reasons
explained in this Order, Mr. Turner’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 F. 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
August 3, 2018, Indiana Department of Correction (IDOC)
Correctional Officer Gagne wrote a Report of Conduct charging
Mr. Turner with possession of altered property, a violation
of the IDOC’s Adult Disciplinary Code offense B-228.
The Report of Conduct states:
At approximately 0950 AM on 08/03/18 Offender Turner #922829
02 12M was advised to pick up his KOPs. Medical contacted
North to advise that they have not received their offender.
At 950 AM Offender Turner arrives to North and explains that
he had gone to receiving. His whereabouts were unknown. I Ofc
R. Gagne removed and confiscated the property that he had
arrived with. Upon the search of his property three items
were discovered. A fake legal documents book with a cut out
of what seemed to hold a cell phone[, a] copper wired
material attached to what seemed to be a phone charger. Along
with several white pills wrapped in plastic.
Turner was notified of the charge on August 7, 2018, when he
received the Screening Report. Dkt. 8-4. He pleaded not
guilty to the charge, indicated he did not wish to call any
witnesses, and asked for physical evidence. Mr. Turner asked
for video evidence of him at the medical desk on August 3,
2018, at 9:50 a.m., telling them he did not take
keep-on-person (KOP) medications. Id.
hearing was held on August 25, 2018. Mr. Turner admitted his
guilt and signed the Report of Disciplinary Hearing form next
to the statement “I’m guilty.” Dkt. 8-6.
Based on that statement and the staff reports, the hearing
officer found Mr. Turner guilty. Id. The sanctions
imposed were a thirty-day earned-credit-time deprivation, a
written reprimand to not commit the offense again, twenty
days of extra work duty, and fifteen days loss of JPay,
commissary, and telephone usage. Id. The hearing
officer noted the reason for the sanction was due to the
nature of the offense. Id.
Turner appealed to the Facility Head and the IDOC Final
Reviewing Authority, both of which were denied. Dkts. 8-7,
8-8, & 8-9. He then brought this petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.
petition, Mr. Turner presents three grounds for relief: (1)
that although the Report of Conduct was for a weapons charge,
no weapon existed; (2) he was induced into pleading guilty by
a promise to reduce the charge to a C-353 (unauthorized
possession of property); and (3) the writer of the Report of
Conduct used the phrase “cell phone and charger”
to inflate the case and prejudice him. Dkt. 2 at 2-3. The
Court discusses each ground in turn.