PAOLUCCI v. SUPERINTENDENT OF NEW CASTLE CORRECTIONAL FACILITY

Justia Dockets & Filings Seventh Circuit Indiana Southern District PAOLUCCI v. SUPERINTENDENT OF NEW CASTLE CORRECTIONAL FACILITY

PAOLUCCI v. SUPERINTENDENT OF NEW CASTLE CORRECTIONAL FACILITY

Petitioner:	DEREK ALEXANDER PAOLUCCI
Respondent:	SUPERINTENDENT OF NEW CASTLE CORRECTIONAL FACILITY
Case Number:	1:2017cv00335
Filed:	February 1, 2017
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Denise K. LaRue
Presiding Judge:	Jane Magnus-Stinson
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
June 20, 2017	Filing 14 ENTRY GRANTING PETITION FOR WRIT OF HABEAS CORPUS - The petition of Derek Paolucci for a writ of habeas corpus challenges a prison disciplinary proceeding identified as No. NCN-16-11-012. For the reasons explained in this Entry, Paolucci's ha beas petition must be granted. "The touchstone of due process is protection of the individual against arbitrary action of the government." Wolff, 418 U.S. at 558. Because there was insufficient evidence of Paolucci's guilt, the disc iplinary finding of guilty was arbitrary and that finding and the sanctions imposed must be VACATED AND RESCINDED. Accordingly, Paolucci's petition for a writ of habeas corpus is GRANTED. Judgment consistent with this Entry shall now issue. (See Order). Copy to Petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 6/20/2017.(APD)

Date Filed

Document Text

June 20, 2017

Filing 14 ENTRY GRANTING PETITION FOR WRIT OF HABEAS CORPUS - The petition of Derek Paolucci for a writ of habeas corpus challenges a prison disciplinary proceeding identified as No. NCN-16-11-012. For the reasons explained in this Entry, Paolucci's ha beas petition must be granted. "The touchstone of due process is protection of the individual against arbitrary action of the government." Wolff, 418 U.S. at 558. Because there was insufficient evidence of Paolucci's guilt, the disc iplinary finding of guilty was arbitrary and that finding and the sanctions imposed must be VACATED AND RESCINDED. Accordingly, Paolucci's petition for a writ of habeas corpus is GRANTED. Judgment consistent with this Entry shall now issue. (See Order). Copy to Petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 6/20/2017.(APD)

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Petitioner: DEREK ALEXANDER PAOLUCCI
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Respondent: SUPERINTENDENT OF NEW CASTLE CORRECTIONAL FACILITY
Represented By:	Marjorie H. Lawyer-Smith
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