United States District Court, S.D. Indiana, Indianapolis Division
TRIANDIOS K. COTY, Petitioner,
WENDY KNIGHT, Respondent.
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
Jane Magnus-Stinson, Chief Judge
petition of Triandios Coty for a writ of habeas corpus
challenges a December 4, 2018, prison disciplinary proceeding
identified as CIC 18-11-0256. For the reasons explained in
this Entry, Mr. Coty'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
November 22, 2018, Correctional Officer Boone issued a
conduct report charging Mr. Coty with failing to stand count
or being late to count in violation of Code B-251. Dkt. 9-1.
The conduct report states:
On 11-22-18 [at] approximately 10:00 pm I Ofc J. Boone was
securing doors for count. Three buzzers had been given. I had
already given the order to lockdown. The camera footage
showed offender Coty, Triandios (196504, 3A-6c) coming out of
the TV Room. Offender Coty proceeded to get hot water from
the hot pot. Offender Coty was clearly late for count. I saw
this when I reviewed the camera for a sep[a]rate incident.
The camera shows after I finished securing doors on the
Bottom (2) Range of c-unit, I am upstairs at cell 20-4c at
9:53:20[.] [T]he offender runs to the hot water machine. He
runs back to his cell at 9:53:59.
Coty was notified of the charge on November 28, 2018, when he
was served with the conduct report and the Notice of
Disciplinary Hearing (screening report). Dkt. 9-1; dkt. 9-2.
The screening report, signed by Mr. Coty, noted that Mr. Coty
requested a lay advocate, who was later appointed, but that
he did not request any witnesses or evidence. Dkt. 9-2.
disciplinary hearing was conducted on December 4, 2018. Dkt.
9-4. In finding Mr. Coty guilty of violating Code B-251, the
hearing officer relied on the conduct report, Officer
Robinson's video review that “Coty was in his cell,
but then came back out, ” and Mr. Coty's statement
that, “I was in my room at count time.”
Id. As a result of the guilty finding, Mr. Coty was
sanctioned with the deprivation of 30 days of earned credit
time and the demotion of one credit class, which was
Coty filed appeals to the Facility Head and the Final
Reviewing Authority. Dkt. 9-5; dkt. 9-7. Both appeals were
denied. Dkt. 9-6; dkt. 9-7. Mr. Coty then brought this
petition for writ of habeas corpus pursuant to 28 U.S.C.
Coty contends that (1) he was not given proper notice of the
conduct report; (2) there was insufficient evidence to
support the hearing officer's finding of guilt; and (3)
he was denied evidence.
Improper Notice ...