Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Callahan v. Zatecky

United States District Court, S.D. Indiana, Indianapolis Division

October 28, 2019

JOSEPH F. CALLAHAN, Petitioner,
v.
DUSHAN ZATECKY, Respondent.

          ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND DIRECTING ENTRY OF FINAL JUDGMENT

          Hon. Jane Magnus-Stinson, Chief Judge

         The petition of Joseph F. Callahan for a writ of habeas corpus challenges a prison disciplinary proceeding identified as ISR 18-06-0135. For the reasons explained in this Entry, Mr. Callahan's habeas petition must be denied.

         A. Overview

         Prisoners 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).

         B. The Disciplinary Proceeding

         On June 22, 2018, Sergeant Shaw wrote a Report of Conduct charging Mr. Callahan with violating offense B-202, possession or use of controlled substance. The conduct report states:

On 6-22-18 at the approx. time of 1:55 am I Sgt. A. Shaw was conducting a cell search of Offender Joseph Callahan#25714 6 on 1B. I Sgt. A. Shaw found a smoking pipe with a unknown substance in it on offender Callahan's cabinet.

Dkt. 9-1.

A photograph was taken of the pipe in Mr. Callahan's cell. Dkt. 9-2.

         On June 25, 2018, the screening officer notified Mr. Callahan of the charge and served him with a copy of the conduct report and the screening report. Dkt. 9-4. Mr. Callahan signed both reports. Dkt. 9-1; dkt. 9-4. Mr. Callahan was notified of his rights and pleaded not guilty. Dkt. 9-4. Mr. Callahan failed to specify whether he requested any witnesses. Id. He requested one piece of physical evidence: “smudge, not a controlled substance.” Id. Based on Mr. Callahan's “smudge” statement, the screening officer emailed an investigator at the facility, who wrote in response, “The item found on Offender Callahan DOC 25714 was identified as a homemade smoking device. I see no reason this would be used for Native American Services.” Dkt. 9-3.

         A hearing was conducted on July 2, 2018. Dkt. 9-5. Mr. Callahan pleaded not guilty and made the following statement:

It was not a controlled substance. That was not what it was used for. I asked for testing and that was not provided. I use this to smudge. Body of the conduct does not support the charge.

Id.

         The hearing officer found Mr. Callahan guilty after considering staff reports, Mr. Callahan's statement, the email from the investigator, and the photo. Id. The hearing officer also noted that the investigator reported there was only residue in the pipe, not enough substance to test. Id. Due to the nature of the offense, Mr. Callahan's attitude and demeanor during the hearing, and the likelihood of the sanction having a corrective effect on Mr. Callahan's future behavior, the hearing officer ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.