Opinion

Hogsett, Jr v. Williams

Court
District Court, S.D. Illinois
Filed
Mar 1, 2023
Cited by
0 cases
Authority
More cited than 21.3%

“The proposition that constructive possession provides ‘some evidence’ of guilt when contraband is found where only a few inmates have access is unproblematical.”

How later courts described this case

  • “The proposition that constructive possession provides ‘some evidence’ of guilt when contraband is found where only a few inmates have access is unproblematical.”
  • “once the meager threshold has been crossed our inquiry ends”
  • due process consideration “does not require later consideration of evidence that could have been but was not presented during a prison disciplinary proceeding”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

SAMUEL ROBINSON HOGSETT, JR.,

Petitioner,

v. Case No. 20-CV-359-NJR

ERIC WILLIAMS,

Respondent.

MEMORANDUM AND ORDER

ROSENSTENGEL, Chief Judge:

Petitioner Samuel Robinson Hogsett, Jr. (“Hogsett”) is a federal inmate housed at

FCI Greenville, which is located within the Southern District of Illinois. Hogsett filed a

petition for writ of habeas corpus under 28 U.S.C. § 2241 challenging his loss of 41 days

of good conduct credit as well as the administrative charge imposed on his prison record

due to a prison disciplinary proceeding. (Doc. 1). Hogsett sets forth one ground for relief,

arguing there was no evidence to support the finding of his guilt. (Id.). Respondent filed

a response to the Petition (Doc. 15), and Hogsett replied (Doc. 17). For the reasons set

forth below, the petition is denied.

RELEVANT FACTS AND PROCEDURAL HISTORY

Hogsett is serving a 355-month sentence imposed in the Southern District of

Illinois in 2007. (Doc. 15-1, p. 2). His projected release date is January 10, 2032.1 The

incident at issue in this action occurred at FCI Greenville on April 11, 2019. (Doc. 1, p. 17).

An officer searched cell 219, shared by Hogsett and one other inmate. (Id.). The officer

1 See www.bop.gov/inmateloc/ (last visited on Mar. 1, 2023).

found a white sticker covered in an unidentified substance stuck on the bulletin board in

the common area of the cell. (Id.). The officer tested the sticker using a Narcotic

Identification Kit (“NIK”), and it was positive for opium alkaloids and buprenorphine.

Id. As a result, Hogsett was charged with a violation of Prohibited Act Code 113,

Possession of Any Narcotics, Marijuana, Drugs, Alcohol, Intoxicants, or Related

Paraphernalia, Not Prescribed for the Individual by Medical Staff. (Doc. 15-1, pp. 2-3).

The Unit Discipline Committee (UDC) held a hearing on April 25, 2019, where

Hogsett was advised of his rights. (Doc. 15-1, p. 5). At the hearing, Hogsett stated that he

had “no comment.” (Doc. 15-5, p. 3). The matter was then referred to a Discipline Hearing

Officer (DHO). Id. At the DHO hearing, Hogsett affirmed that he understood his rights

and waived his right to have a staff representative present for the disciplinary hearing.

(Doc. 15-7, p. 1). Hogsett also informed the DHO that he “doesn’t know anything about

any drugs,” and his cellmate “told [him] he took the shot.” (Doc. 1, p. 11). Using the

incident report, Hogsett’s statement to the UDC and DHO, the investigating officer’s

memo, photographs from the investigation, and the positive test results, the DHO found

Hogsett guilty of violating Code 113. (Doc 15-7, p. 6).

Hogsett filed a Regional Administrative Remedy Appeal. (Doc. 1, p. 20). In his

appeal, Hogsett stated that there was a discrepancy between two officers referring to the

object as a “white paper” and a “white sticker,” and the NIK test results of the white

sticker were not confirmed with a laboratory test. (Doc. 1, p. 20). The Regional Director

rejected his appeal on the basis that the photographs show a white piece of paper with a

sticker back. (Doc. 1, p. 21). The Regional Director also stated that officers are not required

to conduct a laboratory test, and a NIK test is sufficient according to Program Statement

6060.08, Urine Surveillance and Narcotic Identification. (Id.).

Hogsett then filed a Central Office Administrative Remedy Appeal. In his appeal,

he stated that the Regional Director denied his appeal without referencing the Ion

Spectrometry Device Program, Program Statement 5522.03, to determine if the NIK test

was performed properly. (Doc. 1, p. 23). Hogsett’s appeal was denied, and his

disciplinary proceeding was found to be in accordance with Program Statement 5270.09,

Inmate Discipline Program. (Doc. 1, p. 24). Hogsett then filed this habeas action.

APPLICABLE LAW

Federal inmates must be given due process before their good time credit can be

rescinded. Brooks–Bey v. Smith, 819 F.2d 178, 180 (7th Cir. 1987). Inmates can challenge the

loss of good conduct credit through a petition for habeas relief pursuant to 28 U.S.C.

§ 2241. Jones v. Cross, 637 F.3d 841, 842 (7th Cir. 2011).

In a disciplinary hearing, inmates retain certain due process rights such as: (1) a

receipt of written notice of the charges in advance of the hearing; (2) an opportunity to be

heard before an impartial decision maker; (3) the right to call witnesses and present

evidence where the same will not be unduly hazardous to safety or correctional goals;

and (4) a written statement as to the evidence relied on and the reason for the decision.

Wolff v. McDonnell, 418 U.S. 539, 564-66 (1974); Henderson v. U.S. Parole Commission,

13 F.3d 1073, 1077 (7th Cir. 1994); Scruggs v. Jordan, 485 F.3d 934, 939 (7th Cir. 2007). Along

with these safeguards, due process requires that the findings of the DHO be supported

by “some evidence from which the conclusion of the administrative tribunal could be

deduced.” Superintendent v. Hill, 472 U.S. 445 (1985) (citing United States ex rel. Vajtauer v.

Commissioner of Immigration, 273 U.S. 103, 106 (1927)); see also Scruggs v. Jordan, 485 F.3d

934, 941 (7th Cir. 2007). The “some evidence” standard is a low bar, which the Seventh

Circuit has described as a “meager threshold.” Scruggs, 485 F.3d at 941 (“once the meager

threshold has been crossed our inquiry ends”). A habeas court can overturn the decision

“only if no reasonable adjudicator could have found [petitioner] guilty of the offense on

the basis of the evidence presented.” Henderson, 13 F.3d at 1077.

DISCUSSION

Respondent asserts that Hogsett’s arguments cannot be considered because he

failed to raise them at his disciplinary hearing. Thus, he forfeited the arguments. The

Court agrees.

Due process is satisfied if the petitioner is afforded the required procedural

protections at his disciplinary hearing. All due process requirements were satisfied here.

Hogsett was given notice of the charges and hearing, had an opportunity to be heard

before an impartial DHO, was informed of his right to call a witness, and was given the

report of the DHO’s decision. (Doc 15-7, p. 2-3). Despite having access to the incident

report, Hogsett did not raise the arguments that the Narcotic Identification Kit results

should have been supported with a laboratory test or that there was insufficient evidence

of his guilt at his disciplinary hearing. (Doc. 1, p. 26). Hogsett, instead, stated he “doesn’t

know anything about any drugs.” (Doc. 1, pp. 11, 26).

Furthermore, due process “does not include a right to submit additional evidence

on administrative appeal from a hearing officer’s decision.” Bivins v. Williams, No. 22-

1791, 2023 WL 180051, at *1 (7th Cir. Jan. 13, 2023); Jones v. McCaughtry, 6 F. App’x 371,

372-73 (7th Cir. 2001) (citing McPherson v. McBride, 188 F.3d 784, 786-87 (7th Cir. 1999)

(due process consideration “does not require later consideration of evidence that could

have been but was not presented during a prison disciplinary proceeding”). Thus,

Hogsett forfeited his right to raise these claims now.

Even if Hogsett’s claims could be considered, they have no merit. Due process, in

a prison disciplinary hearing, only requires “that there be some evidence to support the

findings made in the disciplinary hearing.” Hill, 472 U.S. at 457. The relevant question

under this standard is “whether there is any evidence in the record that could support

the conclusion reached by the disciplinary board.” Id. at 456-57. The Court cannot “assess

the comparative weight of the evidence underlying the disciplinary board’s decision.”

Webb v. Anderson, 224 F.3d 649, 652 (7th Cir. 2000). The “some evidence” standard is

satisfied as long as “the record is not so devoid of evidence that the findings of the

disciplinary board were without support or otherwise arbitrary.” Hill, 472 U.S. at 457.

Hogsett asserts that the DHO did not have sufficient evidence to find him guilty

of Code 113 because there was no laboratory testing done on the white sticker to confirm

that it was covered in narcotics. (Doc. 1, p. 14). Without this testing or any other

laboratory testing done on Hogsett, he argues, the DHO based his finding solely on the

grounds that the white sticker covered with narcotics was found in the common area of

Hogsett’s cell. He argues this evidence does not prove he was in possession of the white

sticker. (Doc. 1, p. 5).

Hogsett’s claim fails because there was “some evidence” to support the finding of

guilt, most notably the white sticker containing narcotics that was found in the common

area of Hogsett’s cell. While Hogsett claims the prison should have done lab testing to

confirm the presence of narcotics, the record indicates that the sticker was tested for

narcotics in accordance with the BOP’s Program Statement 6060.08 and came back

positive. (Doc. 1 at p. 21). There is no policy that substances be sent to a lab for

confirmation testing. (Id.). Furthermore, even if there is no evidence supporting Hogsett’s

actual possession of the white sticker, the Seventh Circuit has found that inmates have

constructive possession where contraband is found in the common area of a cell to which

the inmate has undisputed access. Bivins, 2023 WL 180051, at *2 (citing Hamilton v.

O’Leary, 976 F.2d 341, 345 (7th Cir. 1992) (“The proposition that constructive possession

provides ‘some evidence’ of guilt when contraband is found where only a few inmates

have access is unproblematical.”). Because the sticker was found in the common area of

Hogsett’s cell, which he shared with only one other inmate, he constructively possessed

the sticker.

To support his argument, Hogsett cites to Clark v. Veltri, where two shanks were

found hidden behind a sink near a window in a washroom adjoining a cell that was

shared by five inmates. No. 2003-CV-275-JPG, 2005 WL 1719966, *1 (S.D. Ill. July 25, 2005).

Inmate Joseph Clark was charged with possessing sharpened items, found guilty by the

DHO, and lost 40 days of good-time credit, despite Clark’s persistent argument that he

never knew that the shanks were there. Id. In determining whether the DHO’s findings

were supported by some evidence, the court noted that the cell was shared with four

other inmates, Clark had only been a resident of the cell for two weeks, and the weapon

was not readily accessible to Clark. Id. at *3. Because the DHO established no nexus

between Clark and the shanks, the court found the “some evidence” standard was not

met in that case. Id.

Clark is not analogous to this case. Unlike Clark, the sticker here was in plain view

on a bulletin board in the common area of the cell, which Hogsett shared with only one

other inmate. Under Seventh Circuit precedent, this is sufficient to find that Hogsett

constructively possessed the sticker. And because he constructively possessed the sticker,

which contained narcotics, there is “some evidence to support the findings made in the

disciplinary hearing.” Hill, 472 U.S. at 457. Accordingly, Hogsett’s petition must be

denied.

CONCLUSION

For these reasons, the Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241

filed by Petitioner Samuel Robinson Hogsett, Jr., (Doc. 1) is DENIED. This action is

DISMISSED with prejudice, and the Clerk of Court is DIRECTED to enter judgment

accordingly.

IT IS SO ORDERED.

DATED: March 1, 2023

Thewef Mowteg!

NANCY J. ROSENSTENGEL

Chief U.S. District Judge

Page 7 of 7

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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