United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
WALTON PRATT, JUDGE
Perry's (“Mr. Perry”) petition for a writ of
habeas corpus challenges his conviction in a prison
disciplinary proceeding identified as NCN 18-06-0038. For the
reasons explained in this Entry, Mr. Perry's petition is
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
18-06-0038 began with a conduct report, which Officer Martin
wrote on June 16, 2018. Dkt. 12-1. Officer Martin wrote that
at approximately 7:43 A.M., he:
was conducting [illegible] check into Pod 3. Offender Perry
DOC # 138925 spit a full cup of urine on ME. Photos
(pictures) were taken after the incident as proof. Offender
Perry DOC # 138925 was informed about this conduct.
Id. The photos show Officer Martin wearing a
water-repellant garment and a plastic face shield, both of
which have a liquid splashed on them. Dkt. 1-2.
19, 2018, Mr. Perry received a screening report notifying him
that he was charged with assault in violation of A-102. Dkt.
12-3. The screening report indicates that Mr. Perry requested
statements from three inmates in nearby cells, plus security
video from the dayroom from 7:30 until 8:00 A.M. on the day
of the incident. Id.
hearing officer later wrote on the screening report,
“Dayroom video is irrelevant, have video of cell door
‘215.'” Id. On June 21, 2018, the
hearing officer prepared the following written summary of the
video from outside cell 215:
The video for the above case was reviewed from 07:30 to 08:00
as the offender requested. Video shows the offender in cell
215 throw a cup of something on the Officer. It is
inconclusive if he spit it as well.
Camera does not record sound.
Dkt. 12-7. The hearing officer checked a box on the video
review form to indicate that allowing Mr. Perry to view the
video would jeopardize prison safety and security.
18-06-0038 proceeded to a hearing on June 27, 2018. Dkt.
12-6. It appears that this was Mr. Perry's second
disciplinary hearing that day, that both hearings involved
incidents from the morning of June 16, and that the same