United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER DENYING THE PETITION FOR WRIT OF
HABEAS CORPUS AND GRANTING LEAVE TO APPEAL IN FORMA
V. PARKER U.S. DISTRICT JUDGE
inmate Bryan Eason (“Petitioner”) has filed a pro
se habeas corpus petition under 28 U.S.C. § 2241. The
focus of Petitioner's pleading is a prison disciplinary
proceeding. Petitioner's only ground for relief is that
he was found guilty of a minor assault on a correctional
officer even though his touching of the officer was
accidental. Respondent urges the Court to deny the petition
because Petitioner's right to due process was not
violated during the disciplinary proceedings and there was
“some evidence” to support the disciplinary
hearing officer's decision. The Court agrees and is
denying the petition.
November 25, 2015, a federal district court judge in the
Eastern District of Wisconsin sentenced Petitioner to 97
months in prison for conspiracy to import, distribute, and
possess with intent to distribute methylone. (See
Resp. Ex. 1 at 2. ECF No. 4-2.) In 2016, while Petitioner was
serving his sentence at the Federal Correctional Institution
in Milan, Michigan (FCI-Milan), he was charged with violating
Federal Bureau of Prisons Code 224 (assaulting a person
without causing a serious injury). See 28 C.F.R.
§ 541.3, Table 1. The reporting officer, J.
described the incident as follows:
On Thursday 7-28-2016 . . . I was monitoring the inside
compound during the Dinner Meal. At approximately 4:45 PM I
was standing near the F-1 Unit door and responded to an
inmate pounding on the door in an attempt to get my
attention[. I]nmate Easton, Bryan 13233-089 stated that he
had to go to the insulin line. Inmate Eason produced a
diabetic card to verify he is on the Diabetic list to be
released early for the Dinner Meal. I opened the door so he
could attend [the] insulin line. As I was opening the door to
F-1 so inmate Eason could exit the unit he was stating,
“here is my card I know what you are on.” I told
inmate Eason to go to [the] insulin line and as I was
securing the door to F-1 inmate Eason struck my left forearm
with the back side of an open hand stating “Look see my
card!” I immediately sent inmate Eason to the
Operations Lt. without any further incident.
Ex. 2 at 1, ECF No. 4-3.)
S. Magulick interviewed Petitioner on the same day as the
incident. He wrote in a memorandum about the incident that
Petitioner had become agitated when Officer Hermanson was
securing the unit door and that Petitioner then struck
Officer Hermanson on the left forearm with an open hand.
(Id. at 3.) Petitioner told Lieutenant
Magulick” “It was an accident. I just wanted to
show him I had [my] ID Card.” (Id.)
matter was referred to the Federal Bureau of Investigation
(FBI) for possible criminal prosecution, but the FBI declined
to take any action. (See Resp. Ex. 3 at 1, ECF No.
4-4.) During the subsequent internal investigation,
Petitioner informed Investigating Lieutenant S. Pierson that
he “unintentionally made contact with [Officer
Hermanson's] arm, brushed his arm while [he was] talking
with [his] arms and moving fast to [the] pill line.”
(Resp. Ex. 2 at 2, ECF No. 4-3.)
matter was referred to the Unit Discipline Committee (UDC),
which held a hearing on August 24, 2016. Petitioner made the
following comments at the hearing:
I did not say “look see my card.” I said
something like “thanks man.” I accidentally
touched him, apparently, and he accused me of striking him.
It was just a hand gesture, a movement in a hurry to get to
[the] pill line. I was not trying to contact him.
(Id. at 1.) The UDC referred the matter to the
Discipline Hearing Officer (DHO) for further review.
held a hearing on August 31, 2016. Officer Sizemore was the
staff representative at the hearing. He confirmed that
Petitioner had been afforded his right to due process and
that Petitioner had a clean history until then. Although
Officer Sizemore did not observe the incident with Officer
Hermanson, he stated that, according to Petitioner, ...