Allen v. Parke

114 F. App'x 747
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 22, 2004
DocketNo. 03-3027, 03-3028
StatusPublished
Cited by4 cases

This text of 114 F. App'x 747 (Allen v. Parke) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allen v. Parke, 114 F. App'x 747 (7th Cir. 2004).

Opinion

ORDER

Based on two separate incidents that resulted in disciplinary sanctions, Simon Allen filed two separate petitions for habeas corpus relief. The district court denied both petitions, and Allen appealed. We consolidated these appeals for purposes of briefing and disposition, and affirm.

The first petition, No. 03 CV 109, relates to an incident that occurred on September 28, 2002, in which an Officer Treash observed Allen making sexual gestures and wrote him up in a conduct report. Allen entered a plea of not guilty at his disciplinary hearing, arguing that Treash was mistaken and that the person making lewd gestures was in fact another inmate, Charlie Dodd. Dodd backed up Allen’s version, providing a written statement at the disciplinary hearing that “Treash was waving at me and I was masturbating. She wanted me to come to the desk. Allen had left the stall and returned to the Bunk. The C/O has the two of us mixed up.” Eight other inmates corroborated this version of events, signing a statement that read, “I heard Charlie Dodd # 110303 say it was him hitting a lick and the C/O thought it was Allen.” The Conduct Adjustment Board, however credited Treash’s version of the incident as “true and factual,” and found Allen guilty of making lewd gestures. The CAB then reprimanded Allen and recommended that 30 days of earned time credit be taken away.

Allen exhausted his administrative remedies, and then petitioned the district court for habeas corpus relief, claiming that the CAB did not adequately consider his exculpatory evidence, and violated his due process rights by crediting solely the conduct report. The court determined that the conduct report “was quite clear concerning the question of identity” and that Allen’s argument presented nothing more than a question as to the weight of the evidence. The court concluded under Meeks v. McBride, 81 F.3d 717, 720 (7th Cir.1996), that the “some evidence” standard “does not permit courts to consider the relative weight of evidence presented to the disciplinary board.” Accordingly, the district court dismissed Allen’s petition.

The second petition, No. 03 CV 130, stems from an incident on December 12, 2002, involving an assault on Officer Hall, a prison guard. A prison investigation revealed that an inmate named Maddox had assaulted Hall, but that Allen encouraged Maddox to commit the assault and then handcuff Hall. According to the conduct report prepared by Officer David Wire, Allen assisted in “collectfing] tobacco to pay offender Maddox to commit the assault,” and Allen was “very active in commanding, inducing and procuring of[750]*750fender Maddox to commit battery.” Wire prepared an investigation report and conduct report taking evidence “derived from approximately two (2) to ten (10) eyewitness accounts who will be referred to as confidential informants.” In relying on confidential informants, Officer Wire signed an affidavit specifically outlining how the testimony was found reliable. Allen was then charged with attempting to commit a class A offense, commanding, inducing, counseling or procuring a person to commit battery upon another person which inflicted serious injury. The CAB relied on the conduct report and physical evidence (pictures) to find Allen guilty as charged. Allen was reprimanded in writing and received 180 days’ disciplinary segregation, was deprived of 90 days’ earned time credit, and was demoted one credit-class level.

After Allen exhausted his administrative remedies, he filed a habeas corpus petition, raising a number of due process claims, including that he was denied a fair hearing before impartial decision-makers, was not given adequate copies of witness statements, and was denied the chance to cross-examine witnesses. The district court, however, dismissed the petition, finding some evidence of Allen’s culpability, and concluding that Allen received all the process to which he was due.

Indiana prisoners have a protected liberty interest in earned good-time credits. Ind.Code §§ 35-6-3, 35-6-4 (1988); Piggie v. McBride, 277 F.3d 922, 924 (7th Cir. 2002). In prison disciplinary hearings, due process entitles prisoners to (1) advance written notice of the charges against them at least twenty-four hours before the hearing; (2) the opportunity to call witnesses and present documentary evidence in their defense when consistent with institutional safety and correctional goals; and (3) a written statement by the fact-finder of the evidence relied on and the reasons for the disciplinary action. Wolff v. McDonnell, 418 U.S. 539, 564-66, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974); McPherson v. McBride, 188 F.3d 784, 785-86 (7th Cir. 1999).

1. First Petition

On appeal, Allen renews his challenge that the CAB improperly found him guilty of making lewd gestures on September 28, 2002. Allen contends that the CAB violated his due process rights by failing to provide him a written explanation of the evidence relied on or the reasons for the disciplinary action. The CAB’s ruling indicates that the Board considered staff reports, Allen’s own statement, and evidence from witnesses, but nowhere in the ruling does the CAB address evidence that Allen deems exculpatory, such as Charlie Dodd’s statement or the corroborating statements signed by eight other inmates.

Procedural due process requires that “some evidence” support the decision by the prison disciplinary board. Superintendent, Mass. Corr. Inst., Walpole v. Hill, 472 U.S. 445, 454, 105 S.Ct. 2768, 86 L.Ed.2d 356 (1985); Henderson v. U.S. Parole Comm’n., 13 F.3d 1073, 1077 (7th Cir.1994). In reviewing a decision for “some evidence,” courts need not conduct an examination of the entire record, independently assess the credibility of witnesses, or weigh the evidence, they need only determine whether the Board’s decision has some factual basis. Hall, 472 U.S. at 455, 105 S.Ct. 2768, Meeks v. McBride, 81 F.3d 717, 720 (7th Cir.1996). Due process also requires a written statement by the fact-finder as to the evidence relied on and the reasons for the disciplinary action, Whitford v. Boglino, 63 F.3d 527, 536-37 (7th Cir.1995). But a prisoner is only entitled to an explanation of why exculpatory evidence was disregarded, [751]*751when that evidence directly undermines the evidence in the record pointing to the prisoner’s guilt. Meeks, 81 F.3d at 720.

In this case, “some evidence” supports the CAB’s determination that Allen was guilty, thus due process requirements were satisfied. The CAB relied on staff reports, Allen’s own statement, and evidence from witnesses to find the conduct report “true and factual.”.

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Bluebook (online)
114 F. App'x 747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-parke-ca7-2004.