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KOUTNIK v. BROWN

No. 05-3193.

456 F.3d 777 (2006)

Joseph D. KOUTNIK, Plaintiff-Appellant, v. Lebbeus BROWN, Gerald A. Berge, Warden, and Matthew J. Frank, Secretary, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 8, 2006.

Attorney(s) appearing for the Case

Joseph D. Koutnik, Green Bay Correctional Institution, Green Bay, WI, pro se.

David E. Hoel, Office of the Attorney General Wisconsin, Department of Justice, Madison, WI, for Defendants-Appellees.

Before RIPPLE, KANNE and SYKES, Circuit Judges.

RIPPLE, Circuit Judge.

Wisconsin prisoner Joseph Koutnik brought this action under 42 U.S.C. § 1983 after an employee of the prison in which he is incarcerated seized an article of his outgoing mail. Mr. Koutnik claims that the Wisconsin regulation relied upon by the defendants to justify the seizure violates the First Amendment on its face and as applied to him; he also claims that the defendants' actions violated his...

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