Directive 17-09-Good Behavior Credits

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7^th Circuit Court of Appeals

Case Name: Tony Love v. Frank Vanihel

Case No.: 21-2406

Officials: Hamilton, Brennan, and Kirsch, Circuit Judges.

Focus: Directive 17-09-Good Behavior Credits

While serving a 55-year prison sentence for murder, Love engaged in an assault on a correctional officer, leading to state convictions for felony battery. The Indiana Department of Correction found Love guilty of violating prison regulations and imposed penalties that included the cancellation of 5,700 days of his accumulated good behavior credits. As a result, Love’s release date was extended by over 15 years. Despite pursuing appeals within the prison system, Love’s efforts were unsuccessful. The district court subsequently denied his 28 U.S.C. 2254 petition, and the Seventh Circuit upheld the decision. Love’s constitutional claims were considered procedurally defaulted, as he failed to raise them during administrative proceedings or in the district court.

One of Love’s arguments revolved around Executive Directive 17-09, which mandated the automatic revocation of all accrued good behavior credits for inmates convicted of qualifying offenses. This directive did not provide an additional opportunity for the inmate to present arguments for a lesser punishment. Love contended that the Department’s predetermined use of discretionary power over sanctions, without considering mitigating factors, violated due process. He also argued that Directive 17-09 was inherently arbitrary, as it tied the severity of punishment to the amount of good behavior credit an inmate possessed rather than the gravity of the misconduct. Love cited two instances where other inmates, who presumably should have faced penalties according to the directive, allegedly received leniency instead.

Affirmed

Decided 07/07/23

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