`(cid:38)(cid:76)(cid:85)(cid:70)(cid:88)(cid:76)(cid:87)(cid:3)(cid:38)(cid:82)(cid:88)(cid:85)(cid:87)
`(cid:54)(cid:88)(cid:79)(cid:79)(cid:76)(cid:89)(cid:68)(cid:81)(cid:3)(cid:38)(cid:82)(cid:88)(cid:81)(cid:87)(cid:92)(cid:15)(cid:3)(cid:44)(cid:81)(cid:71)(cid:76)(cid:68)(cid:81)(cid:68)
`
`IN THE SULLIVAN CIRCUIT COURT
`CAUSE NO. 77C01—1904-CT—204
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`STATE 0F INDIANA
`COUNTY OF SULLIVAN
`MICHAEL HICKINGBOTTOM,
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`V
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`'
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`Plaintiff,
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`V-
`ROBERT CARTER JR., et aL,
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`Defendants.
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`DECLARATION 0F CHARLES DUGAN
`I, Charles Dugan, am an adult competent to testify and who has personal knowledge of the
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`foregoing and declare under the penalties of perjury that:
`I am chrrently, and was at all times relevant to Plaintiff’s Complaint, employed by
`the Indiana Department of Correction (“IDOC”) as a caseworker at Wabash Valley Correctional
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`1.
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`Facility (“Wabash Valley”)
`' In my position as caseworker, I primarily work with offenders housed within
`2.
`Wabash Valley’s Secured Confinement Unit (“SCU”). The SCU is a secure, segregate; housing
`unit within Wabash Valley and houses offenders who cannot be safely placed in 'general
`population.
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`3.
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`Offenders at Wabash Valley who are assigned to Administrative Restricted Status
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`Housing and Disciplinary Restricted Status Housing are housed in the SCU].
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`I Both disciplinary restricted housing and administrative restricted housing are forms of solitauy confinement. An
`offenders is placed in disciplinary restricted housing as a form of punishment after the offender is found guilty of
`violating one 01' more prison rules. An offender is placed in administrative restricted housing where prison staff
`determines that the offender would pose a significant threat to the safety and/or security of other offenders and/or
`staff if housed with the general prison popuiation. >
`
`
`
`r
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`4.
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`Plaintiff was transferred t0 Wabash Valley 0n 0r around June 29, 2018. A true and
`accurate copy 0f Plaintiff’s location history is attached as Exhibit B.
`Upon his arrival at Wabash Valley, Plaintiffwas placed in the SCU because he was
`in the middle 0f serving a one—year sentence in disciplinmy restricted housing. A true and accurate
`copy 0f Plaintiff’s disciplinary hearing report is attached at Exhibit F.
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`5.
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`6.
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`Plaintiff completed his one-year sentence in disciplinary segregation 0n October
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`12, 2018.
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`7.
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`Upon hjs release from disciplinary restricted housing, it was recommended that
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`Plaintiff be placed in administrative restricted housing. Plaintiff was recommended for
`administrative restricted housing because, among other things, his conduct indicated that he posed
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`a threat t0 institutional safety and he had demonstrated an overall negative adjustment t0 prison
`life. A true 311d accurate copy 0f the report recommending that Plaintiff be transferred t0
`administrative restricted housing is attached as Exhibit C.
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`8.
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`9.
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`Plaintiff filed the instant lawsuit 0n April 9, 2019.
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`Between October 12, 2018 and Aprii
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`9, 2019, Plaintiff’s placement in
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`administrative restricted status housing was reviewed every 30 days. As his caseworker, I
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`conducted a review 0f Plaintiff‘s placement in administrative restricted housing evely 30 days.
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`True and accurate copies 0f the administrative restricted housing review forms sent t0 Plaintiff for
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`the relevant time period are attached as Exhibit D. Each 30-day review form informed Plaintiff
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`that his housing status had been reviewed and that n0 changes were recommended at that time.
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`The form also informed Plaintiff that, should he have any questions regarding his placement, he
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`should reach out to certain members 0f pn'son staff.
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`
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`10.
`
`When conducting my 30-day reviews, I looked a variety of factors in making my
`recommendations about Plaintiff’s placement in administrative restricted housing. Some 0f the
`things I considered were (i) my observations 0f the Plaintiff’s behavior during my frequent
`contacts with offenders in the SCU, (ii) my review 0f Plaintiffs prison records, (iii) whether 0r
`not Plaintiff had received any recent conduct reports, (iv) Plaintiff’s participation in any
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`recommended rehabilitative progrannnmg.
`Per IDOC Policy, Plaintiff had the opportunity t0 appeal his placement in
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`11.
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`administrative restrictive status housing after each and every 30—day review. Starting in Febmary
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`201 9, language was added t0 Plaintiff“ s review form explicitly informing him ofhis right t0 appeal.
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`I affirm, under the penaities for perjury, that the foregoing representations are true
`and correct t0 the best of my knowledge and belief.
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`~ 9-‘202/
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`Date:
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`Charles Dugan/
`
`Caseworker
`Wabash Valley Correctional Facility, IDOC
`
`
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