Constitutional Law
Chapter 13 -
Part 4
Putting It Into Practice
1. Review the facts in the hypothetical case in Living with the Constitution at the beginning of the chapter. Assume that you work for a firm that represents Reily and his fiancé. You have researched their situation and found a federal code section, 42
U.S.C. §1983, that permits an individual to sue a government official if his or her constitutional rights are violated. Since Reily claims that he has a constitutional right to marry, he wants to file a lawsuit under this section. Appendix C contains a form
provided by the federal courts for lawsuits under this section. Based on the facts you know, complete this form as much as possible. Also, write a letter to your client Reily asking for necessary information to complete the form.
Student answers will vary; the letter to the client may request the following information:
- If there is a grievance procedure in the prison.
- If there is a grievance procedure, did Reily file a complaint through the prison?
- Additional information regarding the complaint and the facts of the case.