United States District Court, S.D. Indiana, Terre Haute Division
CHARLES C. CHATMAN, Petitioner,
RICHARD BROWN, Respondent.
ENTRY DENYING PETITION FOR WRIT OF HABEAS CORPUS AND
DIRECTING ENTRY OF FINAL JUDGMENT
JANE MAGNUS-STINSON, CHIEF JUDGE.
Chatman's petition for a writ of habeas corpus challenges
his conviction in a prison disciplinary proceeding identified
as WVE 18-11-0120. For the reasons explained in this Entry,
Mr. Chatman's 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
18-11-0120 began with the following conduct report, written
by Sergeant Martin on November 11, 2018:
On 11-11-18 at approximately 7:00 PM, offender Chatman,
Charles # 902979 of SCU A609 was performing his duty as range
sanitation for A600 rage. Offender Chatman threw feces on
offender Nunley, Aspen # 179359 of A607. Nunley had fecal
matter on a pair of white tennis shoes and socks which Nunley
was wearing at the time. While searching cell A 609 3
styrofoam cups with brown liquid that smelled of feces were
8-1. According to the report, Officer Eaton witnessed the
incident, and that photographs of the cups were placed in
November 26, 2018, Mr. Chatman received a screening report
notifying him that he had been charged with battery in
violation of Code 102. Dkt. 8-2. Mr. Chatman requested to
review range video of the incident. Id. The hearing
officer denied Mr. Chatman's request, finding that
permitting him to review the video would jeopardize facility
safety and security. Dkt. 8-9. However, the hearing officer
watched the range video and prepared the following summary
for Mr. Chatman:
06:46:25pm - time on video - Offender Chatman, Charles 902979
is out of his cell for sanitation. He picks up a Styrofoam
cup off the cuff port of his cell A 609, and goes to A607
06:46:29pm - Offender Chatman is at ¶ 607
06:46:31 pm - Offender in cell A607 pick up a bottle off his
06:46:32pm - Offender Chatman throws the contents of the cup
at the ...