JOHNSON v. FINNAN

Filing 15

Entry - Discussing Petition for Writ of Habeas Corpus; There was no arbitrary action in any aspect of the charge, disciplinary proceedings, or sanctions involved in the events identified in this action, and there was no constitutional infirmity in the proceeding which entitles Johnson to the relief he seeks. Accordingly, Johnsons petition for a writ of habeas corpus must be DENIED and the action dismissed. Judgment consistent with this Entry shall now issue. Signed by Judge Sarah Evans Barker on 5/30/2012. Copy Mailed.(CKM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
JACQUE JOHNSON,
Petitioner,

v.
ALAN FINNAN,

Respondent.

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No. 1:11-cv-603-SEB-DKL

Entry Discussing Petition for Writ of Habeas Corpus
The writ Jacque Johnson seeks in relation to the prison disciplinary
proceeding identified as No. ISR 10-09-0215, in which it was determined that
Johnson had violated prison rules through his possession of an electronic device, can
be issued only if the court finds that he “is in custody in violation of the Constitution
or laws or treaties of the United States.” 28 U.S.C. § 2254(a). Because Johnson has
not made such a showing, his petition for a writ of habeas corpus must be denied.
The reason for this disposition is that the pleadings and the expanded record show
that (1) the procedural protections required by Wolff v. McDonnell, 418 U.S. 539
(1974), were provided, (2) there was at least “some evidence” to support the decision
of the hearing officer as required by Superintendent of Walpole v. Hill, 472 U.S. 445
(1985); Webb v. Anderson, 224 F.3d 649, 652 (7th Cir. 2000) (even “meager” proof is
sufficient), and (3) the proceedings were not otherwise tainted by prejudicial error.
"The touchstone of due process is protection of the individual against arbitrary
action of the government." Wolff, 418 U.S. at 558. There was no arbitrary action in
any aspect of the charge, disciplinary proceedings, or sanctions involved in the events
identified in this action, and there was no constitutional infirmity in the proceeding
which entitles Johnson to the relief he seeks. Accordingly, Johnson’s petition for a
writ of habeas corpus must be denied and the action dismissed. Judgment
consistent with this Entry shall now issue.
IT IS SO ORDERED.

05/30/2012
Date:___________________

_______________________________
SARAH EVANS BARKER, JUDGE
United States District Court
Southern District of Indiana

Distribution:
Jacques Johnson
#988582
Pendleton Correctional Facility
4490 West Reformatory Road
Pendleton, IN 46064-9001
All Electronically Registered Counsel