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Frank Van Den Bosch v. Rick Raemisch, et al

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ARGUED DECEMBER 1, 2010

Before BAUER and POSNER, Circuit Judges, and PALLMEYER, District Judge.*fn1

These consolidated appeals present constitutional challenges to regulations imposed by the Wisconsin Department of Corrections (“DOC”) on incoming prisoner mail. Frank Van den Bosch is the publisher of The New Abolitionist, a newsletter about the Wisconsin state prison system. After reviewing the March 2007 edition of the newsletter, Wisconsin prison officials concluded that its content posed an unacceptable risk to inmate rehabilitation and prison security, and therefore refused to distribute the issue to DOC inmates. Van den Bosch challenged this decision in a lawsuit against various prison officials pursuant to 42 U.S.C. § 1983. He alleged that the DOC’s ban on the March 2007 edition of the newsletter violated his First Amendment rights and his Fourteenth Amendment right to due process. The district concluded that the defendants were entitled to qualified immunity and entered summary judgment in their favor on that basis.

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