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.

L'Minggio v. Brown

United States District Court, S.D. Indiana, Terre Haute Division

November 15, 2019

MICAH L'MINGGIO, Petitioner,
v.
RICHARD BROWN Warden, Respondent.

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

          JAMES R. SWEENEY II JUDGE

         The petition of Micah L'Minggio for a writ of habeas corpus challenges a prison disciplinary proceeding identified as WVE 18-10-0051. For the reasons explained in this Entry, Mr. L'Minggio'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 October 11, 2018, Intelligence Analyst S. Zimmerman wrote a conduct report in case WVE 18-10-0051 charging Mr. L'Minggio with offense B-220, engaging in unauthorized financial transactions:

On 10/11/2018, while monitoring the GTL Offender Phone System I, Analyst S. Zimmerman, discovered a telephone call made to (317) 771- 8579 utilizing the PIN number of offender Micah Lminggio #198566. During the telephone call I did hear an unidentified Offender tell the female callee, “I'm calling for Micah.” The unidentified offender also tells the female callee, “He told me to tell you to send Diamond that 300”, and informs the female callee of a specific phone number (see attached). The phone number the money is to be transferred to is associated with an offender living in G cell house, (Thomas Lofton #132899) see attached. Policy 04-01-104 (IX) specifically prohibits offenders from making unauthorized financial transactions to other offenders or their friends/family members.

Dkt. 10-1.

         The Daily Offender Telephone Log, which was attached to the conduct report, further describes the conversation. Dkt. 10-2.

         On October 12, 2018, the screening officer notified Mr. L'Minggio of the charge and provided him with copies of the conduct report and the notice of disciplinary hearing (screening report). Mr. L'Minggio pleaded not guilty. Dkt. 10-3. Mr. L'Minggio did not request any witnesses, but he did request video evidence of the 10/10/18 phone call. Id. The facility did not allow him to review the video because it would jeopardize the safety and security of the facility. Dkt. 16. A copy of the video review was given to Mr. L'Minggio on October 16, 2018. It states:

02:24:22 AN OFFENDER WALS UP TO THE PHONES
02:24:27 ONLY ONE OFFENDER ON THE PHONES AT THIS TIME IN GHU LEFT WING
02:27:35 OFFENDER HANGS UP THE PHONE AND WALKS OVER BY THE LEFT WING FIRE DOOR AND APPEARS TO BE LOOING UP AT CELL 201 AND TALKING TO SONEONE. (OFFENDER LMINGGIO, MICAH #198566 RESIDES IN CELL GHU-201)

Dkt. 16 (all caps and misspellings in original).

         The hearing officer held a hearing in case WVE 18-10-0051 on October 18, 2018. Dkt. 10-4. Mr. L'Minggio pleaded not guilty and stated, “I had asked my mom to send Diamond the $300 for my daughter[']s birthday. My mom said she didn't have it at that time. No. transaction, no money sent.” Id. The hearing officer found Mr. L'Minggio guilty of offense B-220 based on the conduct report, Mr. L'Minggio's statement, the daily offender telephone log, and the video summary. Id. The hearing officer sanctioned Mr. L'Minggio with a 30-day loss of phone privileges, a 90-day loss of good-time credit, and a one-step demotion in credit class (suspended). Id.

         Mr. L'Minggio's appeals to the Facility Head and to the Final Reviewing Authority were denied. Dkt. 10-5; ...


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.