Austin v. Pazera, No. 14-2574 (7th Cir. 2015)
Annotate this CaseAustin, an Indiana inmate, was assigned, for one day, to do construction work in the crawl space of a parole office near the prison. Austin was punished in a prison disciplinary proceeding for having attempted to traffic in tobacco. He lost 60 days of good-time credit, was demoted from “credit class 1” to “credit class 2” (inmates in the first class earn one day of good time credit for each day of imprisonment; in the second class they earn one day for every two days), was given 20 hours of extra work duty, and was denied access to the commissary for 25 days. The evidence consisted of a guard’s statement: shaking down the crawl spase [sic] at the Gary Parole Office … found 5 packs of Bugler cigarette papers, 1 ziploc bag that appears to have tobacco in it, 2 ziplock [sic] bags filled with more ziplock [sic] bags … Austin … was assigned to this area. Austin sought habeas corpus relief, 28 U.S.C. 2254. The district court denied relief, ruling that the evidence, though scanty, was adequate to prove “constructive possession” of tobacco. The Seventh Circuit reversed, stating that, convicted without evidence of guilt, Austin was denied due process of law.
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