A Federal Courts Exam Featuring a Racist Client and More
By Michael Dorf
[N.B. In keeping with my recent tradition, I'm posting the exam I administered to my Federal Courts students this past semester. It was an 8-hour open-book take-home, set in the fictional jurisdiction of Hughes and the 13th Circuit. Submit answers in comments but I won't grade them.]
John “Johnny Eyeballs” Jones was
convicted and sentenced to life imprisonment without eligibility for parole by
the Hughes Superior Court in October 2013 in connection with his role as the
lookout in the gangland murder of three rival drug dealers. He appealed as of
right to the Hughes Supreme Court, which affirmed his conviction in January
2014.
Eyeballs, who is white, was sent to
the Hughes State Penitentiary, where he was assigned to share a cell with an
African American prisoner. Although Eyeballs initially accepted this
assignment, in April 2014 he complained to Warden Wilma Warren that the
cellmate assignment violated his “religious freedom and right of association.”
Eyeballs claimed that he had recently joined the Aryan Brotherhood, a white
supremacist prison gang, stating that “so far as I’m concerned, being in the
Brotherhood is what God intended for me.”
Warden Warren rejected his complaint in writing on the ground that “the
Aryan Brotherhood is not a religion and prisoners have a limited right of freedom
of association under both Hughes law and federal law.”
Eyeballs then filed a written grievance
with the Prisoner Grievance Review Board (PGRB), as permitted by Hughes law. His
grievance read, in its entirety: “Giving me the wrong color cellmate is against
my rights as a citizen of Hughes and of America.” Two days later, the PGRB (appointed
to a two-year term by the Governor and consisting of a retired Hughes Superior
Court judge, a prison social worker, and a deputy attorney general) summarily
rejected the grievance in a one-word written order: “Denied.”
Hughes law provides that “any
prisoner may appeal an adverse PGRB ruling by filing an original action in
Hughes Superior Court within 60 days of the PGRB ruling. Such court may only
reverse a PGRB determination on the ground that it rests on one or more clearly
erroneous factual findings or an unreasonable determination of one or more questions
of law.”
On the same day that the PGRB
rejected his grievance, Eyeballs met with his lawyer, Saul Goodman, who
informed him that the time for filing a petition for a writ of certiorari in
the U.S. Supreme Court to review his conviction and sentence would expire soon,
and asking whether Eyeballs wanted Goodman to file such a petition. Eyeballs
said no, and also said no to Goodman’s offer of assistance with an appeal of
the PGRB ruling to Hughes Superior Court, after Goodman informed Eyeballs that
his case would go before the same judge who presided at his trial and
sentencing. Eyeballs told Goodman, “there’s no way I’m going to go begging to
that [expletive] for anything.”
However, Eyeballs added that he did
want Goodman’s help in filing a federal court lawsuit to get him a white
cellmate and “to make that warden pay for violating” his rights. Goodman told
Eyeballs that he would need to do some research to see whether that was a
viable option.
While Goodman was driving back from
the prison to his office, Congress enacted the First Amendment Exceptions Act
(FAEA). It provides, in pertinent part:
Any person seeking an exception from a
general law or policy on the ground that such law or policy infringes his or
her First Amendment rights, or his or her federal statutory rights to free
exercise of religion, shall be entitled to a determination of eligibility by an
administrative law judge in the U.S. Department of Health and Human Services,
applying the provisions governing agency adjudications in the Administrative
Procedure Act, except that all administrative determinations of law and fact
shall be final, notwithstanding any other provision of law. No court of the
United States shall have jurisdiction, by appeal or as an original action, to
hear any claim eligible for determination under this provision. To the extent
that any part or application of this provision is unconstitutional, the
remaining parts or applications shall be severable. This law shall take effect
immediately.
You are an associate working for
Goodman. He tells you that he is considering asserting claims for damages and
injunctive relief against Warden Warren under the Hughes Bill of Rights (which
has a provision that parallels the language of the federal First Amendment),
the federal First Amendment, and the Religious Land Use and Institutionalized
Persons Act, 42 U.S.C. §§ 2000cc-1 et seq. Goodman
tasks another associate with researching the strength of these claims on the
merits. He asks you for a memo addressing the procedural obstacles to a
federal court granting relief for any claims presented on behalf of
Eyeballs, whether brought in a habeas petition, a §1983 action, an Ex Parte Young action, or otherwise. Do
not address merits questions except insofar as they bear on the procedural
questions.