Dist. Ct. did not err in denying defendant’s section 2241 petitions, alleging that defendant-Warden denied him due process in resolving two disciplinary tickets that ultimately resulted in loss of good-time credits. While defendant argued that: (1) record failed to support findings that resulted in loss of good-time credits; (2) he was denied opportunity to call his proposed witnesses; (3) preliminary hearings that were conducted by only one, instead of two staff members violated prison regulations; (4) Warden's counsel violated 28 USC section 50.15 by responding to defendant’s petitions without authorization; and (5) one hearing officer was biased against him because defendant had sued him in prior case. Federal courts must affirm prison disciplinary decision if they are supported by “some evidence,” and incident reports at issue sufficed to clear instant low bar. Moreover, prison officials may deny access to witnesses, where, as here, said witnesses would not have provided relevant testimony. Also, Dist. Ct. could properly find in one case that there was no evidence of bias on part of hearing officer. Too, initial reviews by one staff member was proper, and Assistant U.S. Attorney could properly respond to defendant’s petitions.
Federal 7th Circuit Court
Criminal Court
Due Process