BOWERS v. SUPERINTENDENT

BOWERS v. SUPERINTENDENT

Petitioner:	EUGENE BOWERS
Respondent:	SUPERINTENDENT
Case Number:	1:2017cv01695
Filed:	May 22, 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
January 2, 2019	Filing 42 Entry Discussing Evidentiary Hearing, Denying Petition for Writ of Habeas Corpus, and Directing Entry of Final Judgment - The petition of Eugene Bowers for a writ of habeas corpus challenges a prison disciplinary proceeding identified as No. WVD 16-0 1-0084. For the reasons explained in this Entry, Mr. Bowers's habeas petition must be denied. "The touchstone of due process is protection of the individual against arbitrary action of the government." Wolff, 418 U.S. at 558. There w as 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 Mr. Bowers to the relief he seeks. The Court concludes that Mr. Bowers received advance written notice of the charges, did not suffer a double jeopardy violation, waived his right to attend the disciplinary hearing, and any denial of evidence or witnesses did not violate his due pro cess rights as he has failed to demonstrate that this error was harmful. Accordingly, Mr. Bowers's petition for a writ of habeas corpus must be denied and the action dismissed. Judgment consistent with this Entry shall now issue. (See Entry). Signed by Judge Jane Magnus-Stinson on 1/2/2019.(JDH)

Date Filed

Document Text

January 2, 2019

Filing 42 Entry Discussing Evidentiary Hearing, Denying Petition for Writ of Habeas Corpus, and Directing Entry of Final Judgment - The petition of Eugene Bowers for a writ of habeas corpus challenges a prison disciplinary proceeding identified as No. WVD 16-0 1-0084. For the reasons explained in this Entry, Mr. Bowers's habeas petition must be denied. "The touchstone of due process is protection of the individual against arbitrary action of the government." Wolff, 418 U.S. at 558. There w as 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 Mr. Bowers to the relief he seeks. The Court concludes that Mr. Bowers received advance written notice of the charges, did not suffer a double jeopardy violation, waived his right to attend the disciplinary hearing, and any denial of evidence or witnesses did not violate his due pro cess rights as he has failed to demonstrate that this error was harmful. Accordingly, Mr. Bowers's petition for a writ of habeas corpus must be denied and the action dismissed. Judgment consistent with this Entry shall now issue. (See Entry). Signed by Judge Jane Magnus-Stinson on 1/2/2019.(JDH)

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Petitioner: EUGENE BOWERS
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Respondent: SUPERINTENDENT
Represented By:	Marjorie H. Lawyer-Smith
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