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Singer v. Raemisch

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ARGUED SEPTEMBER 18, 2009

Before EASTERBROOK, Chief Judge, and WILLIAMS and TINDER, Circuit Judges.

After concluding that the popular role-playing game Dungeons and Dragons (“D&D”) represented a threat to prison security, officials at Wisconsin’s Waupun Correctional Institution took action to eradicate D&D within the prison’s walls. Inmate Kevin T. Singer found himself on the front lines of Waupun’s war on D&D when prison officials confiscated a large quantity of D&D-related publications from his cell. Singer sought relief from the prison’s new regulations-and the return of his D&D materials-through the prison’s complaint system, a pursuit which ultimately proved fruitless. Singer then brought this action against a variety of prison officials pursuant to 42 U.S.C. § 1983. He alleged that Waupun’s confiscation of his D&D materials and imposition of a ban on D&D play violated his First Amendment right to free speech and his Fourteenth Amendment rights to due process and equal protection. The prison officials moved for summary judgment on all of Singer’s claims, and the district court granted their motion in full. Singer appeals the grant of summary judgment with respect to his First Amendment claims, and we affirm.

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