Doan v. Buss

82 F. App'x 168
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 31, 2003
DocketNo. 03-1258
StatusPublished
Cited by6 cases

This text of 82 F. App'x 168 (Doan v. Buss) 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
Doan v. Buss, 82 F. App'x 168 (7th Cir. 2003).

Opinion

ORDER

Indiana inmate Curtiss Doan petitioned for a writ of habeas corpus under 28 U.S.C. § 2254 claiming that officials at the New Castle Correctional Facility violated his due process rights during a prison disciplinary hearing. He also moved for an injunction to force prison officials to return legal materials he says they confiscated from his cell. The district court denied relief, concluding that Doan was not denied due process and that § 2254 is not an appropriate means to challenge the seizure of his property. We affirm.

In July 2002 Doan was ordered by Sergeant Rinehart to return to his bunk for an inmate count, and responded by yelling a string of expletives. As a result Doan was taken to segregation and charged with Intimidation, a Class B offense under the Indiana Department of Correction (“IDOC”) Adult Disciplinary Procedures. Several days later Doan was notified of the charge and informed that a hearing before a Conduct Adjustment Board (“CAB”) would take place in two days. Doan pleaded not guilty and requested the assistance of a lay advocate and the presence of two inmates to appear as witnesses on his behalf.

Prison officials gave each witness a form on which to write a statement in lieu of appearing at the hearing. The first witness wrote simply, “I know nothing.” The second witness confirmed that Doan did yell expletives at Sergeant Rinehart. A lay advocate was named, but Doan was dissatisfied and requested a replacement. His request was denied. At his hearing Doan admitted that he “cussed” at the sergeant but denied that his actions constituted Intimidation. The CAB apparently agreed and instead found Doan guilty of Disorderly Conduct, another Class B offense. The CAB sanctioned him with five days disciplinary segregation, the loss of fifteen days of earned credit time, and a demotion from credit earning class I to class II. Doan appealed to the facility supervisor, who declined to disturb the decision. Doan next appealed to the IDOC’s Final Reviewing Authority, who upheld the CAB’s findings but reduced the charge to [170]*170Insolence, a Class C offense, and restored the fifteen days of earned credit time.

An Indiana prisoner has a protected liberty interest in his credit earning class, and that class cannot be reduced unless he receives due process. Montgomery v. Anderson, 262 F.3d 641, 645 (7th Cir.2001). A prisoner is entitled to 24 hours written notice of the charge, an opportunity to present evidence to an impartial decision-maker, and a written statement explaining the board’s decision, Wolff v. McDonnell, 418 U.S. 539, 563-66, 570-71, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974); Piggie v. Cotton, 342 F.3d 660, 662 (7th Cir.2003), that is supported by “some evidence” in the record, Superintendent, Mass. Corr. Inst., Walpole v. Hill, 472 U.S. 445, 454-55, 105 S.Ct. 2768, 86 L.Ed.2d 356 (1985); Piggie, 342 F.3d at 662.

Doan first argues that the district court erroneously evaluated his claim using the “some evidence” standard rather than a “preponderance of the evidence” standard he says is required by Ind.Code § 11-11-5-5. Doan is mistaken. We will not overturn the CAB’s decision provided there is “some evidence” to support it. Hill, 472 U.S. at 455; Viens v. Daniels, 871 F.2d 1328, 1334-35 (7th Cir.1989) (holding that courts may not reweigh evidence presented to board). Any additional procedural protections Indiana may afford its inmates are matters of state law, which cannot be raised in a habeas corpus proceeding. See Estelle v. McGuire, 502 U.S. 62, 67-68, 112 S.Ct. 475, 116 L.Ed.2d 385 (1991); Kurzawa v. Jordan, 146 F.3d 435, 440 (7th Cir.1998).

Doan seems to suggest that there was not even “some evidence” to support the CAB’s finding because it never considered his allegation that Sergeant Rinehart provoked him by using profane language before Doan responded in kind. But who swore first is irrelevant because Doan has presented no authority even suggesting that aggressive behavior by a guard permits an inmate to respond with loud and abusive language. Doan and his own witness both agreed that Doan swore at Rinehart, and this was the fact upon which the CAB found Doan guilty. This is ample evidence to support the CAB’s finding. See Henderson v. United States Parole Comm’n, 13 F.3d 1073, 1077 (7th Cir.1994) (decision will be overturned “only if no reasonable adjudicator” could have found inmate guilty).

Doan next contends that he was denied due process when prison officials refused to let him call and question his two witnesses. The record before us raises the inference that the IDOC has a practice of denying all requests for live witnesses made by inmates in segregation. Doan explains in his brief that when the CAB members arrived at his segregation cell to conduct the hearing, one of the members told him that they “don’t do that” when he requested the presence of his designated witnesses. We note also that the IDOC form provided to Doan’s witnesses includes a series of check boxes to explain why a written statement is submitted in lieu of live testimony. The first box is labeled “Offender in segregation,” suggesting that the IDOC considers this reason enough to deny a request for a live witness (no box was checked on the forms tendered by either of Doan’s witnesses). Most telling, however, the warden wrote in response to Doan’s initial administrative appeal that his request for live testimony had properly been denied because Doan was in segregation at the time of his hearing and IDOC policy is to provide a form to the witnesses to obtain their statements. The state in its brief has not addressed Doan’s contentions about the existence of this apparent practice, and maintains simply that under Wolff oral testimony is not required as [171]*171long as written statements are obtained. The state’s position over-simplifies the matter.

A prison disciplinary hearing is not a criminal trial. “Prisoners in this context do not possess Sixth Amendment rights to confront and cross-examine witnesses.” Henderson, 13 F.3d at 1078. “Prison officials must have the necessary discretion to keep the hearing within reasonable limits” and may refuse to allow a prisoner to call certain witnesses or have access to certain evidence if the needs of the prison so require. Wolff, 418 U.S. at 566. Still, the fact that a prisoner’s right to call witnesses is circumscribed does not mean that prison officials possess unbounded discretion to refuse to allow inmates to present live testimony.

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82 F. App'x 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doan-v-buss-ca7-2003.