persuasive, and believe it to be the better reading of the case. However, we are not free to pick and choose among various interpretations of Hill. To the contrary, we are bound by the result in Hamilton and its probability analysis.
Given the majority decision in Hamilton, we hold that the Adjustment Committee could properly find Harms guilty. Though the present case presents a one-in-six chance of guilt as opposed to the one-in-four chance found sufficient in Hamilton, we see no material difference between the two. If a one-in-four chance of actual guilt does not violate the due process clause, then a one-in-six chance of guilt does not either.
II. Qualified Immunity
Even if we were to hold otherwise, however, the Defendants would not be liable for money damages in the present case. Government officials performing discretionary functions are generally shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v. Fitzgerald, 457 U.S. 800, 818, 73 L. Ed. 2d 396, 102 S. Ct. 2727 (1982); Anderson v. Creighton, 483 U.S. 635, 638, 97 L. Ed. 2d 523, 107 S. Ct. 3034 (1987); Sherman v. Four County Counseling Ctr., 987 F.2d 397, 401 (7th Cir. 1993); Warlick v. Cross, 969 F.2d 303, 309 (7th Cir. 1992). The Seventh Circuit has developed a two-step analysis in qualified immunity cases. We first determine whether the alleged conduct violated the Plaintiff's constitutional rights, and then, if rights were violated, whether they were clearly established at the time the violation occurred. Sherman, 987 F.2d at 401; Fiorenzo v. Nolan, 965 F.2d 348, 351-52 (7th Cir. 1992); Auriemma v. Rice, 910 F.2d 1449, 1453 (7th Cir. 1990) (en banc), cert. denied, 115 L. Ed. 2d 970, 111 S. Ct. 2796 (1991).
The right must be sufficiently particularized to put potential defendants on notice that their conduct is probably unlawful. Henderson v. DeRobertis, 940 F.2d 1055, 1059 (7th Cir. 1991), cert. denied, 118 L. Ed. 2d 220, 112 S. Ct. 1578 (1992); Hall v. Ryan, 957 F.2d 402, 404 (7th Cir. 1992). Thus, qualified immunity is a defense "contingent on the state of the law." Elliott v. Thomas, 937 F.2d 338, 341 (7th Cir. 1991), cert. denied, 112 S. Ct. 973, 117 L. Ed. 2d 138 (1992). The focus of this defense is on the "objective legal reasonableness" of the actions taken by the Defendants. Creighton, 483 U.S. at 639. Until a particular constitutional right has been stated so that reasonably competent officers would agree on its application to a given set of facts, it has not been clearly established. Sherman, 987 F.2d at 401; Henderson, 940 F.2d at 1059; Auriemma, 910 F.2d at 1453.
In the present case, even assuming that a finding of constructive guilt in the present case, where there is only a one-in-six chance of actual guilt, violates the due process rights of the Plaintiff, qualified immunity shields the Defendants from monetary damages. In light of Hill and Mason v. Sargent, 898 F.2d 679, 680 (8th Cir. 1990) (constructive possession of contraband found in shared locker did not violate due process), we can hardly say that it was "clearly established" that finding the Plaintiff guilty violated his constitutional rights. Harlow, 457 U.S. at 818. We cannot say that it was unreasonable for an official to have understood that there was "some evidence" to find Harms guilty of violating the Department of Correction Code even where five other inmates had access to the area.
III. Declaratory and Injunctive Relief
Mr. Harms also seeks declaratory and injunctive relief, claims which are not barred by immunity. See Sato v. Kwasny, No. 93 C 0037 at 8 (N.D. Ill. filed May 11, 1993) (Plunkett, J.). However, because we find no violation of state or federal law, we decline to issue a declaratory judgment to the contrary.
As to Mr. Harm's request for injunctive relief, we also decline his invitation and grant summary judgment for the Defendants. Mr. Harms seeks an injunction ordering the Defendants and their successors in office to refrain from "impossing [sic] disciplianary [sic] action on the plaintiff without due process of law and procedures that comply with plaintiff's constitutional rights and state law." (Compl. at 7.)
Few would argue that prison officials should be free to conduct their business in any other manner. However, we are without power to issue such an injunction even if we were so inclined: Mr. Harm's disciplinary proceedings are over, and there is no indication he will again be charged with a violation of prison rules and be subject to discipline. Simply put, there is no longer any controversy to which an injunction could speak. Therefor, we may not issue the injunction he requests. See Los Angeles v. Lyons, 461 U.S. 95, 105, 75 L. Ed. 2d 675, 103 S. Ct. 1660 (1983) (plaintiff's standing for injunction prohibiting police from using chokeholds depended on whether he was likely to suffer future injury from use of chokehold); Robinson v. City of Chicago, 868 F.2d 959, 966-67 (7th Cir. 1989) (extending Lyons to requests for declaratory relief); Alber v. Illinois Dep't of Mental Health, 786 F. Supp. 1340, 1353 (N.D. Ill. 1992) (plaintiff seeking equitable relief under section 1983 must show a real threat that the plaintiff will be wronged again in the same way); Davis v. Harshbarger, No. 93 C 1021 at 5-7 (N.D. Ill. filed May 28, 1993) (Plunkett, J.) (court may not presume plaintiff will be exposed to illegal conduct in the future); Sato v. Kwasny, No. 93 C 0037 at 7 (N.D. Ill. filed May 11, 1993) (Plunkett, J.) (same).
For the reasons stated above, we grant Defendants' Motion for Summary Judgment as to all claims in the Complaint. Judgment to be entered on behalf of the Defendants.
PAUL E. PLUNKETT
UNITED STATES DISTRICT JUDGE
DATED: July 28, 1993