Reference no: EM133335618

Case Study: Frank was released from prison after serving a sentence for a non-violent crime and returned to his home in the State of Candlyland. While in prison, he volunteered to be part of a team of prisoners sent out to assist firefighters and other emergency first responders fighting the recent wildfires and assisting the communities affected. Frank was provided some limited training through the prison program as an EMT assistant, and he loved the feeling of being of service and was excited to pursue a career as an EMT when he got home. Frank has spent the two years since he has come home completing formal training as an EMT and applied for a Candyland EMT license. He was denied because of his criminal record.

Because EMTs work with vulnerable people, Candyland regulations restrict issuing a license to applicants who have a history of criminal behavior. However, Candyland is experiencing a serious health workforce shortage, and recently lifted their complete ban on convicted felons applying for an EMT license.

The new Candyland law has set specific conditions (separate from the requisite training and credentialing of skills) that must be met before the license is granted to a person with a criminal record. Conditions include:

Documenting that a at least 3 years has passed between conviction and making an application for an EMT license
Providing letters of reference from probation officers, employers, therapists or physicians
Offering a detailed explanation, either in person or in writing of the circumstances that led to the conviction and what the individual has done to rehabilitate him or herself since that time
Once paperwork is submitted, applicants will be called in for an interview at the state licensing office, who then makes a recommendation to the licensing board for approval.

When Frank applied for a license he submitted all of the requested paperwork and documentation, but was denied because he has not been out of prison for 3 years.

Frank is suing the state asserting denial of the license is a violation of his constitutional rights.

Frank's lawyer told the press "A criminal or juvenile record can be a barrier to a person's ability to get a job or an education-even after years have passed and regardless of the efforts the person has made to put their life on a positive track. In a country where we so readily incarcerate people for non-violent crimes this is an issue that needs to be remedied. For both my client and for the community he wishes to serve."

Question: You are an associate in the law firm representing Frank and have been asked to analyze the issue. Does Frank have a legitimate claim? Please answer using the IRAC ("Issue, Rule, Application, Conclusion" structure of legal analysis) method.