Judges: Per Curiam
Filed: Sep. 24, 2018
Latest Update: Mar. 03, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted September 20, 2018* Decided September 24, 2018 Before ILANA DIAMOND ROVNER, Circuit Judge MICHAEL B. BRENNAN, Circuit Judge AMY J. ST. EVE, Circuit Judge No. 18-1534 EDDIE R. HUDSON, Appeal from the United States District Petitioner-Appellant, Court for the Southern District of Indiana, Indianapolis Division. v. No. 1:17-cv-
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted September 20, 2018* Decided September 24, 2018 Before ILANA DIAMOND ROVNER, Circuit Judge MICHAEL B. BRENNAN, Circuit Judge AMY J. ST. EVE, Circuit Judge No. 18-1534 EDDIE R. HUDSON, Appeal from the United States District Petitioner-Appellant, Court for the Southern District of Indiana, Indianapolis Division. v. No. 1:17-cv-1..
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NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted September 20, 2018*
Decided September 24, 2018
Before
ILANA DIAMOND ROVNER, Circuit Judge
MICHAEL B. BRENNAN, Circuit Judge
AMY J. ST. EVE, Circuit Judge
No. 18‐1534
EDDIE R. HUDSON, Appeal from the United States District
Petitioner‐Appellant, Court for the Southern District of Indiana,
Indianapolis Division.
v.
No. 1:17‐cv‐1821‐SEB‐MJD
STANLEY KNIGHT,
Superintendent of Plainfield Sarah Evans Barker,
Correctional Facility, Judge.
Respondent‐Appellee.
O R D E R
Prisoner Eddie Hudson petitioned for a writ of habeas corpus under 28 U.S.C.
§ 2254 to restore sentencing credits that he lost after the prison said that he possessed a
weapon. He argues that prison officials violated his right to due process by not allowing
him access to a recording that he says exonerates him and by refusing to watch it
themselves. The district court denied the petition. We vacate the judgment because the
* We have agreed to decide the case without oral argument because the briefs and
record adequately present the facts and legal arguments, and oral argument would not
significantly aid the court. FED. R. APP. P. 34(a)(2)(C).
No. 18‐1534 Page 2
prison has justified neither its decision to deny Hudson access to the recording nor its
refusal to have prison officials view it.
Hudson was charged with possessing a dangerous weapon after officers at
Plainfield Correctional Facility found two razor blades attached to a toothbrush handle
under his mattress. His bed is in an “open dorm” area that many inmates use. Prison
officials told Hudson that he could contest the charge and present evidence at a
disciplinary hearing. Hudson maintained that the weapon was not his, and he asked to
review the video surveillance recording of his bed area to see who had placed it there.
He initially asked to review the 24 hours before the officers discovered the weapon, but
he later modified his request to 12 hours’ review. (The prison denies receiving the
modification but argues that either way it should win on appeal.) In refusing Hudson’s
request, an officer checked a box on a form stating that “allowing the offender to view
video recorded evidence” would “jeopardize the safety and/or security of the facility.”
An officer reviewed only 11 minutes of the recording—from the time the officers
entered Hudson’s bed area until they ended the search.
Hudson lost at his disciplinary hearing. After considering the 11‐minute
recording, Hudson’s testimony (asserting his innocence), a photo of the weapon, and
staff reports, the hearing officer ruled that Hudson had possessed a dangerous weapon.
The officer revoked 125 days of earned sentence credits and demoted him to a
classification under which he will earn sentence credits at a reduced rate.
Hudson seeks relief from this ruling. He appealed administratively, but his
appeals were denied. He then petitioned for a writ of habeas corpus under § 2254,
contending that (1) he was denied due process because the prison denied him access to
the part of surveillance recording that preceded the search, and (2) the evidence was
insufficient to conclude that he possessed a dangerous weapon. The district court
denied the petition, ruling that Hudson received due process and that “some evidence”
supported the finding of guilt.
We briefly address and reject Hudson’s argument that the evidence in the record
was insufficient to find him guilty of possessing a weapon. Hudson observes that the
weapon was found in an “open dorm” where other inmates had access to his mattress;
thus, he argues, the discovery of the weapon under his mattress did not prove that he
had put it there. But the disciplinary board’s decision need only be supported by “some
evidence” that he possessed it. Superintendent v. Hill, 472 U.S. 445, 455 (1985); Jones
v. Cross, 637 F.3d 841, 849 (7th Cir. 2011). Our inquiry is confined to whether any reliable
No. 18‐1534 Page 3
evidence supports the hearing officer’s conclusions. See Webb v. Anderson, 224 F.3d 649,
652 (7th Cir. 2000). The video recording showing that officers found the weapon under
Hudson’s mattress satisfies this “meager threshold.” Scruggs v. Jordan, 485 F.3d 934, 941
(7th Cir. 2007). Hudson responds that other evidence in the hearing record could
support a contrary finding, but that possibility alone does not negate that “some
evidence” supports the finding of guilt.
Although some evidence supports guilt, Hudson still may—and does—contend
that the ruling is flawed because he did not receive due process. See Ellison v. Zatecky,
820 F.3d 271, 274 (7th Cir. 2016). Hudson has a protected liberty interest in his earned
sentence credits, so he was entitled to due process before losing them. See id.; Scruggs v.
Jordan, 485 F.3d 934, 939 (7th Cir. 2007). And due process requires that prisoners receive
access to exculpatory evidence, including video recordings, “unless its disclosure would
unduly threaten institutional concerns.” Piggie v. McBride, 277 F.3d 922, 925 (7th Cir.
2002) (Piggie I); see also Ponte v. Real, 471 U.S. 491, 498–99 (1985). Prison officials may
thus withhold video recordings under a “bona fide security justification.” Jones, 637
F.3d at 848–49. But “[w]e have never approved of a blanket policy of keeping
confidential security camera videotapes for safety reasons.” Piggie v. Cotton, 344 F.3d
674, 679 (7th Cir. 2003) (Piggie II). Likewise, a “conclusory” invocation of security is not
sufficient. Hayes v. Walker, 555 F.2d 625, 630 (7th Cir. 1977). Instead, the prison must
explain why the release of a particular video recording might jeopardize security—such
as a statement that the inmate “might learn the location and capabilities of the prison
surveillance system, thus allowing him to avoid detection in the future.” Piggie II,
344 F.3d at 679.
The prison has not said why security would be threatened if Hudson saw the
surveillance recording. Instead, an officer merely found, by checking a box on a form,
that “allowing the offender to view video recorded evidence” would “jeopardize the
safety and/or security of the facility.” But such “broad unsupported findings” about
“security” are not adequate. Hayes, 555 F.2d at 630. If the prison may incant “security”
without explaining it, an inmate’s right to present exculpatory evidence “could be
arbitrarily denied in any case and thereby rendered meaningless. This court would be
unable to exercise even limited review of such broad findings.” Id. That is why the
prison must explain its rationale for withholding evidence. See Ponte, 471 U.S. at 498–99.
It need not do so during the administrative process, see Hayes, 555 F.2d at 630, but it
must do so eventually, see Ponte, 471 U.S. at 498‐99. Yet the prison has not at any time—
during the administrative proceedings, in the district court, or in this court—explained
why letting Hudson see the recording might endanger prison security. Nor is any bona
No. 18‐1534 Page 4
fide security justification evident from the record. Therefore, the unelaborated security
rationale fails.
Even if the prison had offered a valid reason for refusing to let Hudson watch the
recording, it violated Hudson’s due process rights for another reason. The prison
officials themselves were supposed to review the recording for possibly exculpatory
video evidence, as Hudson requested, and they did not. See Piggie I, 277 F.3d at 925–26.
The prison responds that it reviewed the 11‐minute segment showing the search. But
that segment is what the prison expected to be inculpatory. Hudson believes that another
inmate planted the weapon under his mattress before the search, not that the officers
found no weapon during the search. To review potentially exculpatory evidence, the
prison should have watched a portion of the recording covering a reasonable amount of
the time before the search started. (Because the prison did not review any of the
potentially exculpatory recording, we need not decide what portion would have been
reasonable.)
The prison replies unpersuasively that it could not review any more of the video
evidence. It argues that it is “unrealistic and impractical” to expect that in all
disciplinary cases its staff will “review long periods of irrelevant security video when
contraband is found.” We see two problems with this argument. First, a video recording
is “irrelevant” only if nothing exculpatory is on it. But “the record here does not
demonstrate with any degree of certainty that the tape lacked exculpatory value or was
otherwise irrelevant.” Piggie II, 344 F.3d at 679.1 Second, the prison’s argument that it is
too costly to review video recordings in “all disciplinary cases” is not sufficient. We
consider only the evidence of the burden involved in a particular case; we do not
speculate about the “aggregate…costs of compliance” when there is no evidence other
inmates are actually making similar requests. See Schlemm v. Wall, 784 F.3d 362, 365–66
(7th Cir. 2015). Because the prison has not argued, let alone substantiated, that the
burden of reviewing a reasonable portion of the possibly exculpatory recording is
unmanageable here, this rationale for refusing to watch the recording is inadequate.
The district court’s decision is VACATED, and the case is REMANDED for
further proceedings.
1 The prison argues on appeal that it made an in‐camera submission to the
district court. But the record reflects no such submission, the prison does not state what
part of the recording it submitted, and the district court made no findings about it.