Legal Opinion

Joseph D. Koutnik v. Lebbeus Brown, Gerald A. Berge, Warden, and Matthew J. Frank, Secretary

Court of Appeals for the Seventh Circuit

Decided August 8, 2006No. 05-3193PublishedCited by 79 opinions

1Opinion of the Court

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 vio lates the First Amendment on its face and as applied to him; he also claims that the defendants’ actions violated his substantive due process rights. The district court dismissed Mr. Koutnik’s facial challenge and his due process claim, and it granted summary judgment to the defendants on his…

2Cases cited22 opinions

  1. Graham v. ConnorSupreme Court of the United States · 1989
  2. Albright v. OliverSupreme Court of the United States · 1994
  3. Turner v. SafleySupreme Court of the United States · 1987
  4. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  5. Procunier v. MartinezSupreme Court of the United States · 1974

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3Cited by79 opinions

  1. Singer v. RaemischCourt of Appeals for the Seventh Circuit · 2010
  2. Van Den Bosch v. RaemischCourt of Appeals for the Seventh Circuit · 2011
  3. Schor v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2009
  4. Jenkins v. DOCNew Jersey Superior Court Appellate Division · 2010
  5. Commonwealth v. JessupMassachusetts Supreme Judicial Court · 2015

74 more not listed; retrieve them via the Exa API.

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