MCNEAL v. KNIGHT

MCNEAL v. KNIGHT

Petitioner:	WILLIAM MCNEAL
Respondent:	WENDY KNIGHT
Case Number:	1:2017cv04501
Filed:	December 5, 2017
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Tim A. Baker
Presiding Judge:	Tanya Walton Pratt
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
September 17, 2018	Filing 14 ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS, VACATING SANCTIONS, AND DIRECTING ENTRY OF FINAL JUDGMENT - This matter is before the Court on Petitioner William McNeal's petition for a writ of habeas corpus. Mr. McNeal challenges a prison disciplinary proceeding identified as No. ISR 17-05-0048. "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 evide nce of Mr. McNeal's guilt, the disciplinary finding of guilt was arbitrary, and that finding and the sanctions imposed in case No. ISR 17-05-0048 must be VACATED AND RESCINDED. Accordingly, Mr. McNeal's petition for a writ of habeas corpus is GRANTED (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge Tanya Walton Pratt on 9/17/2018. Copy to Petitioner via US Mail. (DWH)

Date Filed

Document Text

September 17, 2018

Filing 14 ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS, VACATING SANCTIONS, AND DIRECTING ENTRY OF FINAL JUDGMENT - This matter is before the Court on Petitioner William McNeal's petition for a writ of habeas corpus. Mr. McNeal challenges a prison disciplinary proceeding identified as No. ISR 17-05-0048. "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 evide nce of Mr. McNeal's guilt, the disciplinary finding of guilt was arbitrary, and that finding and the sanctions imposed in case No. ISR 17-05-0048 must be VACATED AND RESCINDED. Accordingly, Mr. McNeal's petition for a writ of habeas corpus is GRANTED (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge Tanya Walton Pratt on 9/17/2018. Copy to Petitioner via US Mail. (DWH)

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Respondent: WENDY KNIGHT
Represented By:	Katherine A. Cornelius
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Petitioner: WILLIAM MCNEAL
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