JOSEPH S. VAN BOKKELEN, District Judge.
Charles Christian, a pro se prisoner, filed a habeas corpus petition challenging the prison disciplinary hearing (ISP 12-10-125) where the Indiana State Prison Disciplinary Hearing Body (DHB) found him guilty of possessing a deadly weapon in violation of A-106 on October 19, 2012, and deprived him of 90 days earned credit time. The Respondent has filed a response (DE 9) and Christian filed a reply (DE 10). This case is now fully briefed.
Christian presents four grounds for relief. The Respondent argues that all of these claims were procedurally defaulted because they were not presented to the Final Reviewing Authority. See Moffat v. Broyles, 288 F.3d 978, 982 (7th Cir. 2002) ("[T]o exhaust a claim, and thus preserve it for collateral review under § 2254, a prisoner must present that legal theory to the . . . Final Reviewing Authority. . . ."). Though the court agrees that Grounds One, Three, and Four are procedurally defaulted,
First he argues that he was denied a witness statement from Case Manager Brenda Jackson-Nalls. An inmate has a right to present relevant, exculpatory evidence. Wolff v. McDonnell, 418 U.S. 539, 566 (1974). Here, Christian requested a statement from Case Manager Brenda Jackson-Nalls (DE 9-3) and she submitted a statement on October 16, 2012 (DE 9-6). The disciplinary hearing was held on October 19, 2012, and the DHB noted having received and considered that statement (DE 9-8). Though Christian now argues that he wanted her to provide additional testimony, an inmate in a prison disciplinary hearing has no right to confront or crossexamine witnesses. Piggie v. Cotton, 342 F.3d 660, 666 (7th Cir. 2003); see also Wolff v. McDonnell, 418 U.S. 539, 556 (1974) ("Prison disciplinary proceedings are not part of a criminal prosecution, and the full panoply of rights due a defendant in such proceedings does not apply"). That is to say, the statement she submitted was her testimony and Christian had no due process right to question her to obtain additional information. Moreover, at the time she testified, she had not yet seen the video about which Christian argues she should have testified. Because Case Manager Brenda Jackson-Nalls submitted a witness statement that was considered at his hearing, Christian was not denied due process. Therefore Ground One is not a basis for habeas corpus relief.
Second, Christian argues that he was denied video evidence. Again, an inmate has a right to present relevant, exculpatory evidence. Wolff v. McDonnell, 418 U.S. 539, 566 (1974). Here, Christian requested video evidence (DE 9-3) and the DHB reviewed the video (DE 9-7). Clearly Christian was not denied the opportunity to present and have considered the video evidence he requested. However, Christian is not satisfied with the DHB's conclusion that, "Due to the distance of the camera I am unable to see any details in this incident." Id. Christian argues that other prison staff watched the same video after the hearing and were able to see and identify another inmate bending over his bed. "That camera footage has been viewed by Disciplinary Hearing Officer Nolan,
Third, Christian argues that the DHB inadequately explained the basis for its decision. The decision to punish an inmate with the loss of earned credit time must include a written statement by the fact-finder of evidence relied on and the reasons for the disciplinary action. Wolff v. McDonnell, 418 U.S. 539 (1974). However, the written statement requirement is "not onerous" and to satisfy due process "[t]he statement need only illuminate the evidentiary basis and reasoning behind the decision." Scruggs v. Jordan, 485 F.3d 934, 941 (7th Cir. 2007). Here, the DHB indicated that it considered Staff Reports, Statement of Offender, Video Review, Ms. Nalls, Letter to Ms. Nalls, Offender Kingery, Photo, Evidence Card, and Offender Sexton. The DHB explained that "The photo and evid. card support the conduct report. I believe the conduct report to be true and accurate and therefore find him guilty" (DE 9-8). While this statement was not lengthy, it adequately illuminated the reason for the decision: A weapon was found attached to his bed and the DHB believed that it belonged to him. Though Christian argued and presented evidence that the weapon had been put there by another inmate, the DHB considered and rejected his assertion that the weapon was not possessed by him. Though he argues the DHB did not specifically address Delmas Sexton's statement
Fourth, Christian argues that the hearing officer was not impartial.
Perotti v. Marberry, 355 Fed. Appx. 39, 43 (7th Cir. 2009). Here, Christian has not alleged that the hearing officer was involved in the discovery of the weapon on his bed. Rather, he argues that reviewing the video was an investigatory function that destroyed the hearing officer's impartiality. This is incorrect. Receiving and reviewing evidence (whether by video, written statements, live testimony, or otherwise) is not an investigatory act. Hearing officers review the evidence submitted. That is what the hearing officer did in this case. Christian asked to submit the video into evidence. The hearing officer accepted the evidence and reviewed it. Doing so was not an indication that the hearing officer was biased. Therefore Ground Four is not a basis for habeas corpus relief.
Finally, Christian argues that the destruction of the video after his hearing denied him due process during his appeal. However, "[p]rison disciplinary proceedings are not part of a criminal prosecution, and the full panoply of rights due a defendant in such proceedings does not apply." Wolff v. McDonnell, 418 U.S. 539, 556 (1974). Wolff identified rights related to the disciplinary hearing itself, but it did not provide for any procedural rights on appeal, nor even for a right to appeal at all. The Seventh Circuit has explained that Wolff set the limits of due process in prison disciplinary cases and they should not be expanded. See White v. Ind. Parole Bd., 266 F.3d 759, 768 (7th Cir. 2001). Though it would certainly be a better practice to preserve any evidence considered during a prison disciplinary hearing until after the appeal was finished,
For these reasons, the habeas corpus petition is
Id. Though the State "need not fear reaching the merits of a federal claim in an alternative holding" Harris v. Reed, 489 U.S. 255, 264 n.10 (1989), because the Final Reviewing Authority did not definitively find that the appeal was late, that is not a basis for finding that Christian procedurally defaulted his claims. Rather, three of the four grounds are procedurally defaulted because they were not included in the belated appeal that was considered by the Final Reviewing Authority. DE 5-1 at 18. In the belated appeal, Christian argued "that camera footage was not available at the time of my disciplinary hearing. . . ." Id. This is the same claim he now presents as Ground Two in the Habeas Petition. However, he made no mention of being denied a witness statement from Case Manager Brenda Jackson-Nalls (Ground One in the Habeas Petition), having an inadequate explanation of the reasons for being found guilty (Ground Three in the Habeas Petition), or having a biased hearing officer (Ground Four in the Habeas Petition). Id. Therefore Grounds One, Three, and Four are procedurally defaulted.