Ashby v. Davis

82 F. App'x 467
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 21, 2003
DocketNo. 02-3007
StatusPublished
Cited by8 cases

This text of 82 F. App'x 467 (Ashby v. Davis) 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
Ashby v. Davis, 82 F. App'x 467 (7th Cir. 2003).

Opinion

ORDER

An altercation occurred on August 15, 2000, at approximately 6:30 a.m. at the Indiana State Prison in Michigan City, Indiana. On August 31, 2000, inmate Aubrey Ashby was charged with battery under the Adult Disciplinary Procedures for the Indiana Department of Corrections for his alleged involvement in the incident. The charge was based on information contained in a two-page report compiled by Officer Douglas Ayres, who conducted an investigation into the incident.

According to Officer Ayres’ investigation report, as the inmates were being released from their cells for breakfast, inmates Nealy and Ramirez got into a fight over a debt owed by inmate Ramirez. Others joined in, and inmates Strunk and Cooper, allies of Nealy, suffered cuts to their backs, arms, and hands. Ayres’ report recounts that two unnamed witnesses saw Mr. Ashby attack Strunk and Cooper with a box cutter. Witness # 1 said that the fight started when Nealy threatened Ramirez with a shank while demanding payment; inmates loyal to Ramirez jumped Strunk and Cooper when it appeared that the two were about to rescue the struggling Nealy. Witness # 1 told Ayres that “a lot” of men attacked Strunk and Cooper as they stepped from their cells but that it was Mr. Ashby with the box cutter. Ayres added that Witness # 2 reported that Cooper tried to tell Mr. Ashby that he and Strunk were not involved in the dispute between Nealy and Ramirez but that Mr. Ashby continued his attack with the box cutter until the two managed to get away. Ayres added that during the investigation he had interviewed Mr. Ashby, who denied possessing a box cutter or being involved at all; Mr. Ashby stated that he was on his way to breakfast when he was told to return to his cell.

[469]*469At screening, Mr. Ashby pleaded not guilty and requested a lay advocate and thirteen witnesses — nine inmates, two prison sergeants, and “2 other witnesses” whose names and locations were unknown to Mr. Ashby. On September 25, 2000, Mr. Ashby’s case was presented to the prison’s Conduct Adjustment Board (“CAB”). Mr. Ashby testified and offered written statements from eight witnesses; he contends that he also tendered a five-page, handwritten “defense.” The CAB found Mr. Ashby guilty and sanctioned him with one year of disciplinary segregation and a demotion in his good-time credit-earning class. The CAB’s written report summarizes Mr. Ashby’s comments as follows: “Ashby stated that he was not involed [sic] in this incident, he didn’t even know them.” The report identified the evidence relied upon as “staff reports” and “invest, report” and explains that the CAB found Mr. Ashby guilty “[b]ased on the report of investigation written by D. Ayres the investigator.”

After exhausting his administrative appeals, Mr. Ashby petitioned the district court for a writ of habeas corpus under 28 U.S.C. § 2254, alleging that he was denied due process in his prison disciplinary hearing. The district court denied Mr. Ashby’s petition, and Mr. Ashby filed a timely notice of appeal. We affirm in part and vacate and remand in part.

As an initial matter, the State argues that we should reconsider our holding in Walker v. O’Brien, 216 F.3d 626 (7th Cir. 2000), and require Mr. Ashby to obtain a certificate of appealability. Because the State raises no new arguments for overturning Walker, we decline to revisit that decision, and we turn to the merits of Mr. Ashby’s appeal.

Mr. Ashby has a liberty interest in his credit-earning class and thus was entitled to due process before being demoted. See Piggie v. Cotton, 344 F.3d 674, 677-78 (7th Cir.2003) (“Piggie U”). In the prison disciplinary context, due process requires that an inmate receive (1) advance written notice of the charges against him, (2) an opportunity to present testimony and documentary evidence to an impartial decision-maker, and (3) a written explanation of the decision that is supported by “some evidence” in the record. Superintendent, Mass. Corr. Inst. v. Hill, 472 U.S. 445, 454-55, 105 S.Ct. 2768, 86 L.Ed.2d 356 (1985); Wolff v. McDonnell, 418 U.S. 539, 564-71, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974).

On appeal Mr. Ashby identifies seven alleged due process violations. The main focus of Mr. Ashby’s argument is on the CAB’s refusal to review three items that Mr. Ashby characterizes as exculpatory — photographs of the injured Cooper, a surveillance video tape that purportedly captured the incident, and the results of a “voice stress test” that Mr. Ashby says he took after the incident at the direction of the prison superintendent. As we have recently reminded, the rule of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), requiring the disclosure of material, exculpatory evidence, applies to prison disciplinary proceedings. Piggie II, 344 F.3d at 678-79; see Chavis v. Rowe, 643 F.2d 1281, 1285-86 (7th Cir. 1981). The function of Brady in the prison disciplinary context is two-fold: first, to ensure that the disciplinary board considers all relevant evidence and, second, to enable the prisoner to present his best defense. Piggie II, 344 F.3d at 678-79. “Accordingly, an inmate is entitled to disclosure of material, exculpatory evidence in prison disciplinary hearings unless such disclosure would unduly threaten institutional concerns.” Id. (citations omitted).

The State contends that Mr. Ashby did not request any of the materials at issue. [470]*470The State thus implicitly concedes that the CAB did not review any of the items, but its contention that Mr. Ashby did not request them is disputed. Mr. Ashby clearly requested review of the surveillance tape and the voice stress test results on page two of the handwritten defense, which he allegedly submitted to the CAB. Mr. Ash-by, however, fails to allege that he requested review of the photographs or explain how the photographs are either relevant or exculpatory, so his claim fails in that regard. Similarly, even if Mr. Ashby made a timely request for review of the voice stress test results, he put nothing before the district court to suggest that these test results would have been relevant or exculpatory, and that aspect of his claim fails as well.

Turning to the surveillance video, the first question is whether Mr. Ashby made a timely request for its review. Mr. Ashby does not specifically contend that he requested the evidence at any point before submitting his written defense to the CAB on the day of his hearing. However, in Piggie v. McBride, 277 F.3d 922, 925 (7th Cir.2002) (“Piggie 7”), the State argued that a CAB did not violate due process in failing to review a surveillance tape when the inmate did not request the tape prior to his disciplinary hearing.

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82 F. App'x 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashby-v-davis-ca7-2003.