offense being referred to occurred on May 16. The notices were adequate.
In Morrissey v. Brewer, 408 U.S. 471, 489, 33 L. Ed. 2d 484, 92 S. Ct. 2593 (1972), the Supreme Court held that the minimum requirements of due process for a parole revocation proceeding include "disclosure to the parolee of evidence against him." The Court, however, did not elaborate as to what was meant by disclosure. See United States ex rel. Miller v. Twomey, 479 F.2d 701, 716 n.33 (7th Cir. 1973), cert. denied, 414 U.S. 1146, 94 S. Ct. 900, 39 L. Ed. 2d 102 (1974). In Wolff v. McDonnell, 418 U.S. 539, 41 L. Ed. 2d 935, 94 S. Ct. 2963 (1974), the Court adapted the minimum requirements set forth in Morrissey to prison disciplinary proceedings. There is, however, no discussion of the disclosure of evidence requirement. The Court did limit the confrontation of witnesses requirement to the discretion of prison officials in light of prison security and safety needs. See id. at 567-69. Thus, at least one circuit has held that decisions as to the provision of documentary evidence to prisoners is left to the discretion of prison officials. See Langton v. Berman, 667 F.2d 231, 235 (1st Cir. 1981); Domegan v. Fair, 603 F. Supp. 360, 364 (D. Mass. 1985). In Chavis v. Rowe, 643 F.2d 1281, 1285-86 (7th Cir.), cert. denied, 454 U.S. 907, 70 L. Ed. 2d 225, 102 S. Ct. 415 (1981), the Seventh Circuit held the rule of Brady v. Maryland, 373 U.S. 83, 10 L. Ed. 2d 215, 83 S. Ct. 1194 (1963), applied to prison disciplinary proceedings. In Chavis, the adjustment committee had an investigatory report that included statements by a witness that were exculpatory of Chavis. The investigatory report was not provided to Chavis. The court held that, absent security needs, the report (or if security needs justified it, the substance of the report) should have been provided and a due process claim is stated if the "materiality" requirement for a Brady claim is satisfied. Evidence is material if there is a reasonable probability that the result of the proceeding would have been different if the evidence had been disclosed. See United States v. Jackson, 780 F.2d 1305, 1309-10 (7th Cir. 1986). Chavis has been read as only requiring that the prisoner be apprised of the substance of the evidence. See Mendoza v. Miller, 779 F.2d 1287, 1296 (7th Cir. 1985), cert. denied, 476 U.S. 1142, 90 L. Ed. 2d 697, 106 S. Ct. 2251 (1986); Harris v. MacDonald, 555 F. Supp. 137, 139 (N.D. Ill. 1982). In Wykoff, 613 F. Supp. at 1514, it was held, without any discussion or explanation, that Wolff mandates the disclosure of EMIT test results. In Waterman v. Iowa, 387 N.W.2d 776, 778-79 (Iowa Ct. App. 1986), the court held the failure to provide a copy of EMIT test results used by the disciplinary committee did not violate due process when it was not requested by the prisoner and some evidence supported the committee's decision.
Rucker's letter to the adjustment committee, which the committee notes as having been reviewed, requested a copy of the urinalysis report. Rucker's affidavit states it was not provided. One of the disciplinary reports provided to Rucker accurately states the urinalysis test showed cannabis in Rucker's system on May 16. In his letter to the adjustment committee, Rucker did not question the accuracy of the test. He instead argued cannabis in his system remained from 22 years of marijuana use prior to imprisonment and he requested the committee question "drug testing chemists" as to whether, after such long-term use, any cannabis would still be in his urine 14 months after he last smoked marijuana. Dr. Wessel testified that the answer to that question was no. Rucker presents no argument as to how obtaining the report would have aided him in his case. The report contains no information as to reliability of the test and does not even state the type of test used. To the extent plaintiff would have further requested information as to the test used, he would have found out it was the EMIT test with a followup TLC test. Even if he found out a TLC test had not yet been completed as of his May 27 hearing, he could only have succeeded in delaying the result of his hearing.
Rucker's claim as regards the failure to provide a copy of the urinalysis report fails for a number of reasons. First, as indicated by Mendoza and Harris, provision of the substance of the contents of a document will satisfy the requirement that a document be provided. The May 23 disciplinary ticket stated the substance of the urinalysis report and informed Rucker the committee would be considering the report. Second, the Seventh Circuit precedents indicate failure to provide the report or its substance would not have violated due process. If failure to inform a prisoner of exculpatory evidence does not violate due process unless the evidence is material, inculpatory evidence must also be material for failure to provide it to be a due process violation. As discussed above, the report was not material in the Brady sense in that there is no reasonable probability providing it would have changed the outcome of the hearing. Third, it was not clearly established in 1988 that the report had to be provided to Rucker. Wykoff's unsupported holding did not clearly establish the law, especially in light of the other precedents discussed.
Defendants, therefore would be qualifiedly immune.
IT IS THEREFORE ORDERED that defendants' motion for summary judgment is granted. The Clerk of the Court is directed to enter judgment in favor of defendants and against plaintiff dismissing plaintiff's cause of action with prejudice. If plaintiff wishes to appeal this order, he must file a Notice of Appeal to the United States Court of Appeals for the Seventh Circuit with the Clerk of the Court, United States District Court, 219 South Dearborn Street, 20th Floor, Chicago, Illinois 60604, within thirty (30) days of entry of this order.
Dated: SEPTEMBER 29, 1989