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Drug Testing of Prisoners in Michigan 1970s

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UNTIED

COURT OF APPEALS

STATES

POR THE SIXTH

CIRCUIT

NO 711170
FRANK
WALTER
ROGERS BILLY LEE
GEORGE MILLS
LEE BOYT SLAGI3R PIITISR
ORDELL
LEE
WALKER CLEMONT DIIDEAUX
WILLIAM
CLEARY 1IERBISRT
VILI3LJRN
BENNY SPELLS
FRED
LIOLNACEL
WILLIAMS
ORCEAN
RAYMOND
BAILEY
KENNETH INMAN
JERRY MACK BOYD KELTON THOMAS
CALVIN

ALLEN
WILLIAMS

RICHARD

SIMS

DAVIS
SAWICKI
LORD RALPH WATSON CHESTER
RALPH
VERNON
MEVIS
PI4ILLTP
MCGIIHE
PAUL
ROSS
KENNEDY
WARNER RONALD
NORMAN PAUL MTLIER
HERNAN HEAD GERALD
LONNIE
PAYNE ROBERT
THOMAS
MULLIGAN
KENNETH
AND
ESPICLI
MASON GAYLORD
MARSHALL
PLAINTIFFS

APPELLANTS

CO

CORPORATION
MICHIGAN
PARKE DAVIS
CORPORATIOLL
DELAWARE
THE UPJOHN CO
STATE OF
DEPARTMENT OP CORRECTIONS OF THE
JAMES
WADSWORTH
ELEANOR HUTZEL
MICHIGAN
PARLEY
ERNEST
BROOKS MAX BIBER
VATERS FLORENCE
JOHN IV RICH DUANE
ROBERT COTTON AND
GROSS
CRANE JOSEPH
GUS

HARRISON
NOFENDANTSAPPELLEES

COURT OF THE UNITED STATES FOR
APPEAL FROM THU DISTRICT
SOUTHERN DIVISION
OP MICHIGAN
THE EASTERN DISTRICT

APPENDIX

FOR

PLAINTIFFSAPPELLANTS

LEITSON

DEAN DEAN

SEGAR

HART

SEGAR
ROBERT
1616 GONESCE TOWERS
48302
FLINT
MICHIGAN
PLAINTIFFSAPPELIANTS
FOR
ATTORNCYS
BY

PC

OF APPENDFX

OP CONTENTS

TABLE

PAGE
IN

DOCKET UNTRICS

4A

COMPLAINT
ANSWER OF PARK EAVIS
ANSWER OF THE

PLAINTIFFS

THE

ACTION
CLASS

COMPANY TO
34A

SIMS

SHALL

SUPPORT

IN

CO

NOT BE

OF

SOA

SUMMARY JUDGMENT

FOR

MOTION
UPJOHN

49W

SUMMARY JUDGMENT

FOR

MOTION
OF CALVIN

BY

24A

CO

UPJOHN

INTERROGATFLRLES

PLAINTIFFS
MOTION

THE

PARK DAVIS

PLAINTIFFS

PLAINTIFFS

TO
BY

INTERROGATORIES

AFFIDAVIT

19A

CO

UPJOHN

ANSWERS AND OBJECTIONS

ANSWERS OF

14A

COMPANY

MA

PLAINTIFFS

THAT

AS

SZA

ACTION

MOTION BY THE

UPJOHN

FFS

OF PLAINTI

CO

TO DISMISS

COUNT

TI

53A

CONIPLAIRIT

COMPANY TO

ANSWER OF PARK DAVIS

PMINTIFFS
54A

INTERROGATORIES

ADDITIONAL

SSA

AMENDED COMPLAINT
ANSWER OF MEMBERS OF DENT
TO AMENDED

LAWOFF
LEITSON DEAN
DEAN SECAR
HART RE
STNTAETOWR
CNE

INST

PUNT

TVBCII

45

SSSST

OF RALPH

AFFIDAVIT

OF WARDEN

AFFIDAVIT

OF

AFFFIDNVIT

PLAINTIFFS

6TH

WILLY
GEORGE

BOYD SLAGER

OF

CORRECTIONS

COMPLAINT

AFFIDAVIT

PLAINTIFFS

OF

MOTION
CHESTER
MOTION

IN
FOR

77A

KROPP
SUPPORT

OF

90A

SUMMARY JUDGMENT

SAWICKI
FOR

72A

ADMINISTRATOR

IN

SUPPORT

SUMMARY JUDGMENT

OF

93A

PAGE

DEDEALIX

OF CLEMENT

AFFIDAVIT

PLAINTIFFS
ANSWERS OF THE

FOR

MOTION

CO

UPJOHN

IN

SUPPORT

OF
95FL

SUMMARY JUDGMCNT

PLAINTIFFS

TO

C4

ADDITIONAL

MOTION

DEFEADANTS
COUNT

97A

INTERROGATORIES
FOR

ON

SUMMARY JUDGMENT

10TH

OF COMPLAINT

DEFENDANTS

MOTION

FOR

ON

SUMMARY JUDGMENT

104A

III

COUNT

DEFENDANTS

MOTION

FOR

ON

SUMMARY JUDGMENT

106A

COUNTLV
AFFIDAVIT

ATTACHED

MEMORANDUM RO PRISON

CLASSIFICATION
OF

AFFIDAVIT

OF

COMMITTEE

DEFENDANTS

MOTION

OF RALPH

DEFENDANTS
LIST

MOTION

PLAINTIFFS

HAFLT
HAL
ONE

FLINT

OENESEE

WIRT
L1ICH

OWVRS

5T

DETAIL

EXHIBIT

LETTER

FROM UPJ

EXHIBIT

INVOICE

TO THE

EXHIBIT

SHIPPERS

EXHIBIT

P4

G4

JOB
IN

ADIULNISTRATOR

UPJOHN

CO

14TH
14TH

14TH

RECEIPT

MATERIALS
TO

LETTER

RELATING

TO

LSOA

CLINIC
AND

MEMORANDA

RE

INNATE
LSSA

EXPENSES
DESCRIPTION
RESEARCH

CLINIC

4S50A

3FLFLS

II

14TH

FOR

UPJOHN SUBSIDIARIES

OF

PAY
EL

OBRI

LSZA

FLOCUMENTS

EXPENSES

LISTING

EXHIBIT

12TH
127A

INMATE

EXHIBIT

LQSA

OF

SUMMARY JUDGMENT

FOR

A7

DEAN

PC

SUPPORT

IN

EXHIBIT

EXHIBIT

SUPPORT

EXHIBITS

ADDITION

DEAN

IN

FOR SUMMARY JUDGMENT

WILLY

CLINIC

LEITSON

KRUPP WITH

OF WARDEN CTHORGE

STAFF

PHYSICIAN
166A

PAGE

LETTER

EXHIBIT

RE

DENT

IUIT

MEMO TO INMATE

EXHIBIT

CLINICS

IN

EXPENSES

HEATING

EMPLOYEES

RE

L69

ABSENTEEISM
MEMO RE UPJOHN

EXHIBIT

LETTER

DATED

UPJOHN

ADTANISTRATOR

22266

170A

S5

PROTOCOL

EXHIBIT

FROM

171A

MEMO RE MISCELLAFLCOUS

TNTERCCFICE

EXHIBIT

17TH

MATTERS
PROTOCOL

EXHIBIT

UZ1
OF

AFFIDAVIT

GAYLORD

MEMORANDUM OPINION
ORDER GRANTING
CLASS

FOR

LAW OFRICES

DEAN
DRAN SEGAFL
HART PC
DLL OINESFE
ONE

FLINT

TTWERS

FIR5RSTTEL

MICH
03

4L

OF

IF

AND

TO

PERTAINING

FOR

TO

173A

LINCOSIN
PERTAINING

96

ESPICH

IN

TO

SUPPORT

ORINASE

178A

SUMNARY JUDGMENT

L0S
MOTTON PERTAINING

DISMISS

DENYING

SUMMARY JUDGMENT

174A

OF

COURT

DEFENDANTS

ACTION

JUDGMENT

LEE

MOTION

PLAINTIFFS

GG

ZSLP

PROTOCOL

EXHIBIT

168A

AND

FOR

PLAINTIFFS

TO

SUMMARY
MOTION

223A

ZEV1NT

DOCXEP ENTRIES

LII

1968

APR

23

FILED

COMPLAINT

ADD PARTIES

TO

MAY

MOTION

MAY

ORDER TO ADD PARTIES
AND ENTERED
TILED

PLAINTIFF

FILED

APPEARANCE

OF TJPIOHN

COMPANY FILED

JUNE

17

APPEARANCE

OF PARKE

DAVIS

JUNE

26

ANSWER OF PARKE
ANSWER OF THE

CO

FILED

COMPANY FILED

FLAVIS

UPJOHN

21

ROTH

16

JULY

RULE

TO

PURSUANT

PLAINTIFF

MAY

CO

PROOF OF SERVICE

WITH

FILED
AND ORDER TO ADD PARTY

MOTION

JULY

17

AUG

14

INTERROGATORIES

AUG

14

INTERROGATOR

SEPT

30

MOTION

OCT

14

PTT

FILED

AND

ENTERED

21

14

AS

TO

TO DEFT

UPJOHN

CO

DAVIS

TO

FILED

COMPANY FILED

FRCP

ANSWERS OF PARKE

CO

DEFT PARKE DAVIS

AND ORDER TO ADD PARTY PTF
FILED AND ENTERED

PURSUANT

TO RULE

WITH

INTARROGATORIES

FILED

EXHIBIT

OCT

21

TO RULE

PURSUANT

TO PTFS
INTERROGATORIES
ANSWERS AND OBJECTIONS
AND PROOF OF SERVICE
UPJOHN CO WITH EXHIBIT

BY

FILED
1969

LAW

NOTICE

OF PRETRIAL

MAY

NOTICE

OF REVISED

SECAR
HART
DRRNOLR

RTRZA

MFCH

4S

FOR

MAY

PRETRIAL

FOR MAY

FILED

2669

SEPT

2969

TO

DEFENDANT

FILED

26

PROTRIAL

JULY

16

ADDITIONAL

JULY

16

AND REQLNRANC
MOTION FOR ORDER OF THE COURT DIRECTING
UNDER
OATH
DEFENDANTS
ANSWER INTERROGATORIES
WITH
TO DEFENDANT THE UPJOHN
INTERROGATORIES
FLIED
NRG ON AUG 1169
PROOF OF SERVICE

CO

HAD AND ADJ

1269

MAY

TO

INTERROGATORIES
FILED

PARKE

DAVIS

CO

QF

OEATT

FLINT

MAY

SEPT

29

PRETRIAL

OCT

30

MOTION

FOR

HAD
ORDER OF THE

AND RDQNIRIN
COURT DIRECTING
UNDER OATH WITH

DEFTS
TO ANSWER INTETROGATORIES
FILED
EXHIBITS

OCT

30

MOTION
WITH

OCT

30

MOTION

21
OCT

30

FTFS

ST

FOR TRIAL
SUPPORTING

DEFT

ADD

TO

FRCP PARTIES
WITH BRIEF
MOTION

TO DISMISS
COUNT
RANDUMN AND CERTIFICATE

CO

12

M6TION

OF

PTFS

TO ADD PARTIES

12

MOTION

OF

PTFS

TO ADD PARTY

EXHIBIT

NOV

18

ORDER TO ADA PARTIES

FREEMAN

NOV

MEMO
OF

IT OF COMPLAINT WITH
FILED
FOR SERVICE

PTF

FILED

NOV

AND

MOTION OF UPJOHN CO FOR ORDER THAT PTFS ACTION
SHALL NOT BE MAINTMNED AS
CLASS ACTION WITH
FILED
BRIEF
AND CERTZFCATE OF SERVICE

NOV

NOV

20

SUMMARY JUDGMENT PURSUANT TO RULE
AND BRIEF
WITH AFFIDAVIT
OXHIBIT

MOTION

UPJOHN

TO RULES

PURSUANT

FILED

FOR

FRCP

FILED

NOV

39B

TORULE

JURY PURSUANT
AFFIDAVIT
FILED

18

ORDER TO ADD PARTIES

PTF

EXHIBIT

WITH

FILED

CWITH

PTF

FILED

AND ENTERED

PTF

FILED

AND ENTERED

FREEMAN

NOV

24

NOTICE

OF HEARING

ON PENDING

MOTIOHS

FOR

FOB

FILED

DEC

16

CO

ANSWERS OF PARKE DAVIS
ROGATORIES AND AFFIDAVIT

970

INTER

TO ADDITIONAL

RILED

1970

JAN

21

AMENDED

FEB

10

ANSWER

OF INDIVIDUALS

12

AFFIDAVIT

IN

JUDGMENT

FEB

16

AFFIDAVITS

SUPPORT OF

JUNE

SUPPORT OF

OA

24

FOR

WITH

CO

TO

ADDITIONAL

FOR

SUMMARY

SUMMARY

INTORROGATORIES

AFFIDAVIT

FRCP

OF HEARING

FOR

SEPT

1470

ON PENDING

TO

MOTIONS

FILED

DEAN SEGAR
HART EG

RUNT MICH

NOTICE

MOTION

PTFS MOTION

LAW OFFICES

JULY

AND PROOF OF

AND ORDER TO ADD PARTIES
PTF PURSUANT
FILCD
AND ENTERED
21

T4OTION

RULE
LFITSON

ETHIBIT

PTFS

FILED

ANSWERS OR UPJOHN

FILED

WITH

ISSUED

FILED
IN

JUDGMENT

MAR

SUINMONS

FILED

SERVICE

FEB

FILED

COMPLAINT

AUG

17

MOTION OF UPJOHN
JUDGMENT WITH

FILED

AND PARKE
AFFIDAVITS

DAVIS

CC

AND

SUPPORTING

ROT

SUMMARY

BRIEFS

SEPT

10

SEPT

11

NOV

NOV
DCC

HAD

MENT

TO DISMISS

FILED

DATED

FOR

NOV 970

NOTICE OF HEARING
FILED
HEARING

NOV

OF MICHIGAN

MOLTEN OF STATE
PORTING BRIEF

ON PENDING

MOTIONS

WITH

MAR 2670
ON PENDING

TAKEN

SUP

MOLIONS

UNDER ADVISE

FREEMAN

AFFIDAVIT
OF CAYLORD LEE ESPICH IN SNPPORT OF PTFS
MOTION FOR SUMMARY JUDGMENT AND PTFS ANSWER TO
DEFTS MOTIONS FOR SUMMARY UDGRNENT FILED
12

28

COS

PARKE DAVIS
PERTAINING
AFFIDAVIT

FILED

WITH RESPECT TO MOTIONS
POSITION
FILED
DAUNT II
AND TO CLASS ACTION

TO

OF WARDEN GEORGE

REC JAN

2170

KROPP

ND

EXHIBITS

1971

DRAN

DEAN SESAR
HART PC
604

RLINT

DFTROFR STREET
MICII

A503

FREEMAN

MEMORANDUM OPINION

FEB

TO CLASS
ORDER GRANTING DEFTS MOTIONS PERTAINING
ACTION
TD DISMISS
AND FOR SUMMARY JUDGMENT AND
DENYING PTFS MOTION FOR SUMMARY JUDGMCNT FILED
AND ENTERED
FREEMAN

FEB

PTFS

MAR

FOR DISTRICT
STIPULATION
PURSUANT TO RUIC 11F
OF
THE
RECORD
TO
RETAIN
COURT
PARTS

MAR

NOTICE

MAR

LAW OJCES

AND ENTERED

JAN

15

NOTICE

TILED

OF APPEAL

OF MAILING

ACKNOWLEDGMENT

FILE

FILED

FILED

TO

CCA FILED

COMPLAINT

42368

FILED

APR2
TCFL

UNITED

CO

FOR THE

STATES

DISTRICT

COURT

WTT

11

JOUR

FL

OF MICHIGAN
EASTERN DISTRICT
SOUTHERN DIVISION

FRANK
RICHARD ALLEN
WALTER
BILLY
LEE
WILLIAMS
ROGERS
LEE BOYD SLAGERI PETER GEORGE MILLS
LEE
WALKER CLEMONT DEDEAUX
WILLIAM
CIJEARY
OPDELL VITJSURK
FRED HOLNAGEL
HERBERT WILLIAMS
KENNENI
INMAN
BENNY SPELLS
ORCEAN DAVIS
RAYMO1 IT BAILEY
JERRY MACK AND BOYD KELTON
CALVIN

E4T

SIMS

CASE

NO

JUDGE
COMPLAINT

PLAINTIFFS

IS
CO

MICHIGAN
PARKE DAVIS
AND
TILE
UPJOHN
CORPORATION
DELAWARE CORPORATION

CO

DEFENDANTS

PLAINTIFFS

OF DEFENDANTS

COMPLAIN

AS

FOLLOWS

COUNTI
OF THIS

JURISDICTION
TITLE

29

216

STANDARDS

COURT IS

UNITED

STATES

SEC

II

ACT

16

GROUNDED UPON

CODE ANNOTAEED
THE FAIR LABOR

SEC

OF

OF 1938

AS

AMENDED

STATES CODE ANNOTATED
THE DISTRICT
COURT
SEC
GIVING
CIVIL
ACTION
OF
ANY
JURISDICTION
ORIGINAL
AT
ACT
UNDER
OR PROCEEDINGS ARISING
ANY
COMMERCE
WITHOUT
REGARD
CONGRESS REGULATING
IN
AMOUNT
OR
OF THE PARTIES
TO CITIZENSHIP

TITLE

28

UNITED

1337

IT

CONTROVERSY

LEFL

DEAN

TITLE

28

UNITED

STATES

CODE ANNOTATED

SEC13

TITLE

42

UNITED

STATES

CODE ANNOTATED

SOCJ9E33

DEART

SEOARHART

ATTQ
P04

FLINT

AR LAW

R7 ZUER
MICII

AOOQS

THIRTZECNTH

AMENDMENT

CONSTITUTION

TO

THE UNITED

STATES

THIS
TO

SEC

OF THE FAIR

16

USCAI

ACTION

SEC 201219

LABOR

COURT COSTS AND

PLAINTIFFS
PRISON

IS

MICHIGAN

FOR

CORPORATION
DEFENDANTS

ARE

PROFIT

PRIVATE

BEEN

JACKSON
AFTER

INMATES

CIVIL
IT

IS

CLINICS

CORPORATIONS
CURRENTLY
DSAN ABRAM
SEGAR

ATTO
Q4

HART
AT

TP

FLNT MCII
CEDAJB5E

IN

OTHER THINGS

AND

PRODUCED
INTERTTATE

THE

STATE

THE DRUG

OF MICHIGAN

1963

OF ALL
JOIN

CLINXCS
THE

THE

INCLUDE
WELL

FOR SOLD

AS

OF

OF

THE

THIS

RULES

FEDERAL

THE

AS PLAINTIFFS

OF

SAID

SAID

AR

AND

CLINICS

AMONG

OF DRUGS NOT PRESENTLY

TESTING
OF

OF

THE

RESEARCH

MICHIGAN

CONTINUOUSLY
IN

ACTIVITIES

WITHIN

ERECTED

PURPOSES

HAVE BEEN

TESTING

THE NAMED

CLASS

AT JACKSON

MAKIHG

TRANSPORTED

AND THE

SUCH PEOPLE WHOSE NUMBER MAKE

SAID

CLINICAL

AT

HEREIN

AS

SUCH UNNAMED PEOPLE

23

ARE

SOUTHERN MICHIGAN

THE NAMED DEFENDANTS

PROFIT

PRIVATE
SAID

WHO EITHER

NAMED PLAINTIFFS

TO RULE

REPRESENT

OPERATION

ON THE MARKETAS

CO

BOTH

ENGAGED

SAME CAUSE OF ACTION

OF SOUTHERN MICHIGAN

FOR THE

DELAWARE

REPRESENT

TO HAVETHEM

IN

L5ITSOND

PART OF

PURSUAHT

ADEQUATELY

PRISON

TIMES

DAVIS

COMPANY IS

STATE

TIXE

ALL

ENGAGED IN

PRISON

STATE

THE

PROCEDUREON BEHAAF

PLAINTIFFS

STATE

IN

ADEQUATELY

BROUGHT

IMPZACTICAL

OF

PROFIT

ARE NUMEROUS OTHER PEOPLE

FORTH ON THE

NAMED PLAINTIFFS
ACTION

AT

PARKE

THROUGHOUT THE

WHO HAVE THE

MICHIGAN

SET

INMATES

COMMERCE
THERE

OR HAVE

AMOUNTS

DAMAGES

MICHIGAN

SIMILARLY

BUSINESS

DOING

INTERSTATE

AND IN

TH

ON SAID

FEE

DEFENDANT

RIVATE

29

UNPAID

LIQIDATED

HAVE BEEN

AT JACKSON

FOR

CORPORATION

AND DEFENDANT

INDUSTRY

OR

CAUSE OF ACTICA

THIS

TO

RELEVANT

ARE

SOUTHERN MICHIGAN

OF

ATTORNEYS

PURSUAN

1938

OF

INTEREST

AMOUNT AS

REASONABLE

ACT

FROM DEFENDANTS

CCMPENSATIOZK

DUE AN EQUAL ADDITIONAL

SINCE

COUNT

PART

STANDARDS

TO RECOVER

WAGES AND OVERTIME

MINIMUM

BROUGHL IN

IS

DRUGS CURRENTLY

SHIPPED

COMMERCE THROUGHOUT THE UNITED

AND DELIVERED

STATES

BEING
IN

THE

TJSCA

OF 29

MEANING

CERTAIN

BY SAID

SAID

EMPLOYEES

HUNDRED

INMATES

WORK ON

112

TWELVE

NONPRISION
PAID

NT

FI

IS

IS

EXACTLY

PERSONNEL

COSTS OF RUNNING

DEFENDANTS

SUCH AS POWER

TO ONE DOLLAR

HEAT

CHIEF

IN

CLASSIFIED

AREAS CHIEFOLERK

B04

IF

AND

OF

THE WAGES

125

25100

CLINIC

ARE PAID

PER

BY

OF THE

INMATES

EACH CLASSIFICATIONR

ARCAS

TECHNICIAN

CLERKS
KITCHEN

TRAINEES

NURSE SUPERVISOR

POT

AND

PAN

MAN

HEAD PORTER
OF THE

STOCKHOLDERS

STATE

BY PLAINTIFFS

ACTAVITY

OF DEFENDANTS

NOT ACCOMPLISHED

ACCOMPIN SHED BY CIVILIAN
FEDERAL

CLASSIFIED

ASSISBANT

COOK KITCHEN

AND

IN

TECHNICIAN

ALL

AND

REQUIRED

CAPACITIES

CLASSIFICATIONS

TECHNICIAN

OF THE

ONE

AND WATER

TRAINED

WORK WHICH

HART
SEGAR
ANORNEYSATLAW

JOB

THE

FOLLOWING

BENEFIT

MUCH AS

ON BY TH9 NAMED PLAINTIFFS

ARC THE

ALL

DEAN
DEANASRAM

UP TO AS

TO EACH WORKEC RANGE FROM

OTHER

MAN

AND

REPRESENTATIVES

COMPARABLE

DEFENDANTS

AMONG THE

LEITSON

IN

WORKING

DAY AND ALL

MAINTENANCE

THE

THE SOLE

ON UNDER

SAME WORK THAT WOULD HE

THE

035

CHIEF

TO BE

COMMISSION

HOURS PER WEEK

CENTS

NURSE

WITH

RESEARCH CLINICS

REGNLAR BASIS

BY THE RESPECTIVE

ALL

INCLUDING

CONJUNCTION

CARRIED

THIRTYRIVE

IN

PRISON

CORRECTIONS

THE WORK CARRIED
OTHER INMATES

IN

OF DEFENDANTS

AND SUPERVISION

DIRECTION

SAID

THE AFORESAID

AT

EMPLOYED BY DEFENDANTS
WORK THEREIN

OF

INMATES

OF THE MICHIGAN

REPRESENTATIVES

WITHIN

COMRNCRCTI

SEC 203

BY DEFENDANTS

WCRE PICKED

PLAINTIFFS

INTERSTATE

ENGAGED IN

ARE ONTERPRISES

NEFEADAUTS

HELP

BY SAID
PAID

IN

MARES

CORPORATIONS

INMATES

AND

WOULD HAVE

ACCORDANCE WITH

TO THE

INVOLV
TO BE

APPLICABLE

LAWS

DETRNT

FUNT MJCN

4C503

10
WITHIN

THE

MCANIN9

PLAINTIFFS
OF THE IFAIR

WERE AND
LABOR

ARE

EMPLOYEES

STANDARDS

ACT

OF DEFENDANTS
OF 1938

AS

AMENDED

USCA

2S

MINIMUM

THE

TO BE PAID

SEC

11

PLAINTIFFS

BETWEEN

AND THE MINIMUM

DAMAGES

LIQUIDATED

AMOUNT AS

ATTORNEYS

FEE

THEY WERE

DUE

AS WELL

12

AN

ADDITIONAL

EQUAL

REASONABLE
BACK WAGES SINCE

ON SAID

OF OVERTIME

AMOUNT

THE

ACTUALLY

THE AMOUNTS

AS

ALL

PAID

THE KNOWLEDGE OF THE DEFENDANTS

WITHIN

RECORDS WHICH

THROUGH THE

WELL

AS

LAW

BY SAID

COURT COSTS AND
DISC

BY EACH

AMOUNTS RECEIVED

NUMBER OF HOURS AND

THE

IS

DUE

INTEREST

AS

WORKED BY EACH PLAINTIFF

TOCACH PLAINTIFF

MAY BE

FROM

TO RECOVER

WAGE GUARANTEED

THAT

COMPENSATION

OVERTIME

THE

ACT

SAID

TN

ENTITLED

ARE

ARE ENTITLED

WERE AND

AND
FOR

WAGES PROVIDED

THE DIFFERENCE

DEFENDANTS

SEQ

EL

201

THEY KEEP

PLAINTIFFS

REGARDING

EMPLOYMENT
SEEK

WHEREFORE PLAINTIFFS
OF

I000OO0O0

ONE MILLION

POLLARS

IN

JUDGMENT

THE

COSTS AND

INTEREST

PLUS

AMOUNI

FEE

ATTORNEYS

CDUNTR II

AS

INCORPORATE

THROUGH TWELVE
THE

ALLEGED
PUBLIC
THE

DEAN
OSANASNAM

LSITSON
5ECAH

ARFO
604

BSTROT

LAWS

AFORESAID
ACTS

OF 1964

EMPLOYMENT

OF

THE

STALE

WAGE LAW OF 1964

MINIMUM
OF THE

STATE

HEREIN

12

THE ALLEGATIONS

OF COURT

NUNTHER

OF MICHIGAN

BEING

HEREOF

BY DEFENDANTS

OF ACT

SHOULD

154

OF

CON

KNOWN AS

OF THE

SEC 408381

OF 1938

ACT

EMPLOYERS

HEREIN

AS

THE

COMPILED

THIS

COURT DETERMINE

THAT

THE

FAIR

STN
SLANDRADS

HEREB

OF MICHIGAN

HART
14W

BY SUCH REFERENCE

OF

VIOLATION

IN

IS

AM

REPEATED

THOUGH EXPRESSLY
ONE

OF PARAGRAPHS

TO

RCFER

PLAINTIFFS

AS

CEDAR

THEN THE

AMENDED DOES NOT
MINIMUM

APPLY

TO DEFENDANT

WAGE LAW OF THE

STATE

OF

LABOR

MICHIGAN
ACLION

IS

BASED

IN

RECOVERY OF THE

PART

OUT

UPON

AMOUNT AS

SEC

ARE

OF SAID

MIMIMURN

THE

IN

SEEKS

AND

TO

PLAINTIFFS

WAGE LAW AND

FOR

FEE

EMPLOYERS

PLAINTIFFS

AND

EMPLOYCS

WAG LAW
SEEK JUDGMENT

AGAINST

AMOUNT OF ONE MILLION

COSTS AND

INTEREST

PLUS

THIS

AND

DAMAGES TOGETHER WITH

ATTORNEYS

WHEREFORE PLAINTIFFS
DEFENDANTS

ACT

MINIMUM

LIQUIDATED

FLEFENDANTS

WITNN THE MEANING

THORROF

14

OF SAID

13

BY SAID

REASONAHL

COSTS AND

SCC

IN

BOTWEON THE AMOUATS PAID

WAGE PROVIDED

AN EQUAL ADDITIONAL

INTEREST

SET

DUFTERONCO

THE MINIMUM

AND

AS

APPLY

DOLLARS

FEE

AFRTORNEYS

COULQT
PLAINTIFFS
INCORPORATE
PARAGRAPHS

HEREIN

AS

EXPRESSLY

PARTICULARLY

CONTRARY

BY SUCH REFERENCE

REPEATED

12

OF COURT

THROUGH TWELVE

ONE

TO AND

THOUGH EXPRESSLY

THE
IS

REFER

APPOINTMENT
TO THE

SEC 800305

OF

OF SAID

LAW OF THE

CL48

THE

HEREOF

INMATES
STATE

WHICH

ALLEGATIONS

BY DEFENDANTS

OF MICHIGAN

PROVIDES

IN

PERTINENT

PART

NOR

LABOR OF PRISONERS
SOLD
CONTRACTED
FOR
OR
HIRED LEASED LOANED
OTHERWISE USED FOR PRIVATE
OR CORPORALE
OR FOR ANY OTHER PURPOSE THAN THE
PROFIT
CONSTRUCTION MAINTENANCE OR OPERATION OF
PUBLIC
WORKS WAYST OR PROPERTY AS DIRECTED
BY
AND

FL
SECAF

LEFTCON
OEAT4

A5F

ARROSNFY AT LAW
FLETNDIT

FLINT

TNT

MICW

CZTAN

SHALL

THE

CL

SEC 800310
IT

THIS

IS

THE

GOVERNOR
48

WHICH PROVIDOS

HEREBY

DECLARED

IN

PERTINENT

TO BE THE

INTENT

PART
OF

ACT

TO PROVIDE ADEQUATE REGULAR DIVERSIFIED
SUITABLE
EMPLOYMENT FOR PRISONORS OF THE
STATE CONSISLENT
WITH PROPER PENAL PURPOSES
AND

AND

THE LABOR OF PRISONERS
TO UTILIZC
AND FOR
SELF MAINTENANCE
FOR
EXCLUSIVELY
OF STATE FOR EXPENSES LNCORRED
REIMBURSEMENT
CRIMES AND IMPRISONMENT
BY REASON OF THEIR
RELATIONSHIPS
PRODUCTS AND

ALL
COMPETITIVE
TO ELIMINATE
LABOR OR PRISON
BETWECN PRISONER
INDUSTRY
FREE LABOR OR PRIVATE

AND DTSBURSE
TO AFFECT THE REQUISITIONING
AND
DIRECTLY
LABOR
PRODUCTS
PRISON
MENT OF PRISON
WITH
NO
AUTHORITIES
STALE
THROUGH ESTABLISHED
AND
THEREFRQM
PROFITS
OF PRIVATO
POSSIBILITY
FINANCIAL
OF INTERMEDIATING
WITH THE MINIMUM
OR EXPENDITURES
CONSIDERATIONS

DEFENDANTS

FOR

IN

RESULTED

AND

FLEFENDANTS IN

IS

THE

THE

PLAINTIFFS

WITH

AND

UNJUSTLY

BENEFITING

BY THE

REARON

THE
IS

AT

WAGE LAWS OF THE

THE

AND

OF MICHIGAN

STAT

THE

BETWEEN

VALUE

OF THEIR

SERVICES

WOULD BE DUE THEM UNDER THE MINIMUM

THE AMOUNT WHICH

LEAST

OF

VALUE

TO

THEY ARE

RL

SERVICES

OF

BEING

IS

DIFTEREN

THE REASONABLE

AND

VALUE

AND

KNOWLEDGE THAT

FULL

ILLEGALLY

TO PLAINTIFFS

AMOUNT PAID

HAS BEEN

OF PLAINTIFFS

LABOR

OF

BY DEFENDANTS

AMOUNT PAID

THE

INTERESTHAS

AND

REASONABLE

THE

OF

LABOR

AND

ENRICHMENT

THE UNJUST

IN

EXCEEDS

SCRVIC

PROFIT

PRIVATE

AMOUNT BY WHICH

BY DEFENDANTS

UTILIZED

OWFL

RESULTING

SERVICES

PLAINTIFFS

OF THE

UTILIZATION

THE

UNITED

STATES

BEEN

UNJUSTLY

OF

AMERICA
HAVE

PLAINTIFFS
LABOR

OF THEIR
OF THC

LFLTSON FLE
DEAN AE3KAM

SEGARSHART
ATTQRNIYS

OF MICHIGAN

AND

IN

HEREINBEFORE

CONTRACTS

THE
DEFENDANTS

AS

THEREOF

EM

BETWEEN DEFENDANTS

AND

ANY

BECAUSE

OF VIOLATION

OF THE STATUTES

SET

REGARDING

PRISON

LABOR

ALREADY

SET

FORTH

DEPRIVE
LAWS

FORTH

BETWEEN

PLAINTIFFS

OTHER PARTY

OF THE

MICFL 4SS03

OF THE

VIOLATION

AT LAW

FLB4DETR
FLINT

STATE

FRUITS

THE

AND

THEREFORE

STATE

ND

ARE V6ID

OF MICHLGAFL

FROM DEFENDANTS
OF THE

AMOUNT DUE TO THEM UNDER

ARC ENTITLED

FOR SAME
INTEREST

TO

EXCESS

IN

SERVICES

DATES

FROM THE

THIS FEOUNT

ON THE
AMOUNTS

SAID

DUE
WHEREFORE PLAINTIFFS
IN

DEFENDANTS
PLUS

OT THEIR

TO PLAINTIFFS

BY DEFENDANTS

AMOUNTS PAID

PLAINTIFFS

WERE

VALUE

REASONABLE

THE

TO RCCOVA

CNTTTLED

ARC THEREFORE

PLAINTIFFS

TH

INTEREST

AMOUNT

COSTS

AND

SEEK

OF ONE MILLION

AGAINST

JUDGMENT

100000000

BOLLARS

FEE

ATTCRNEYS

COUNT IV
REFER TO AND BY SUCH REFERENCE

PLAINTIFFS
HEREIN

INCORPORATE
TWELVE

12

THE

LLEGATIONS

THE
WITH

THE

THAN THOSE REQUIRED

DUE PROCESS

OF LAW AND

THE

HOLDING

OF MICHIGAN

AMENDMENT

DEALING

DEAN AAHAM
HART

ARFQ

AT LAW

DETROCY STHECT

MJCH

AS

WITH

FEDERAL

RESULT

OF SAID

WAGES LESS
IN

RESULTING

PLAINTIFF

WITHOUT

FOURTSEENTH

AMENDMENT

AND

RESULTING

IS

SERVITUDE

CONTRARY

CONSTITUTION

UNDER COLOR OF THE

SUPERVISION

OF

OF

LAWS

OF THE

PRISONERS

CONDUCTS PLAINTIFFS

FLEAN

SEGAR

RLINT

TO THE

IS

RESULTED

INVOLUNTARY

CONDUCTS IS

ALSO
LEITSON

IN

OF

OF THE

CONDUCT HAS ALSO

SAID
STATE

VIOLATION

IN

OF PLAINTIFFS

TO THE THIRTEENTH

PROPERTY

AND

BY

DEPARTMENTS

OF NOMINAL

BY DEFENDANTS

AND

LIBERTY

SAID
IN

THROUGH

PLAINTIFFS

THE MICHIGAN

BY LAW HAS RESULTED

OF

THE

OF

COOPERATION

DEPRIVA

OF

EMPLOYMENT

ILLEGAL

THE PAYMENT

AND

CORRECLIONS

ONE

HEREOF

OF COUNT

DEFENDANTS

OF PARAGRAPHS

HAVE BEEN
FOURTEENTH

DENIED

EQUAL

7MENDMCNT

PROTECTION
IN

THAT

OF THE

PLAINTUIFFS

JAWS GUARANTEED
HAVE BEEN

AND

BY THE

ARE BEING

40E0

ARBITRARILY

DISCRIMINATED

AGAINST

IN

THE AMOUNT OF WAGES PAID

LO

THEM FOR

THEIR

ENTITLED

TO

LABOR

COLLECT

SINCE

SEC

1983

OF RRITLE

42

AND

SAME WORK WOULD BE

WAGE THEREFOR

REASONABLE

JURISDICTION

LII

THE

OTHERS DOING

UNDER

THIS

SEC 1343

COUNT

TITLE

28

IS

GROUNDED UPON

OF UNITED

STATES

CODE ANNOTATED
THE

ACTIONS

CAUSED DAMAGES TO PLAINTIFFS

COMPLAINED
IN

THE

OF HAVE

PROXIMATELY

AMOUNT OF ONE MILLION

LOOOOOOOO DOLLARS
WHEREFORE PLAINTIFFS
DEFENDANTS
PLUS

IN

INTEREST

HE

SEEK

LOOOOOOOC DOLLARS

AMOUNT OF ONE MILLION

COSTS AND ATTORNEYS

UDGMENT AGAINST

FEE

LETTSONDEANDEANAERAMSBOAR
ATTORNEYS

FOR PLAINTIFFS

BY
ROBERT

DATEPT

DEAN

DE ABRAM
HART

ARRO AS LAW
AOC

FLINT

NVT

IWLT

MC
OJ1

APRIL

1963

LSEGAR

HART

CON TO

UNDER

TITLE

EACH OF THE
PARTY

NAX

THE

PURSUANT
REQUIRED

BY SECTION

29

LABOR
216

COMMENCILLBNT OF
LADOR THNDARDS

US

SEC

TILED

COMPLAINT
STANDARDS

ACT

STIXI

ACT

216

HEREBY

UNDERSIGNED

ATT

FAIR

TO THC

FATFL

CONSENTS

TO BE

TO RECOVER BACK WAGES

AND

PARTICA2

AS

CTA

THEREOF

JAJJWUZ

1T2A

M6 YLQ
PZ
INS

IY

1I
XI

V1

LERVSCN BEAN

DEAN ABRAM
SEGAR
AFTOFINEYS
804

RLINR

HART
AT JAV

NRNOIY

MICL 40ZO

DL

49

CQNSEVT TO COMMENCEMENRP OR
LABOR STANDARDS
FAIR
UNDEIT

TITLE

EACH
PARTY NAMED IN

DEAN
OEAN ABRAM
WZCAR

HART

ATTORNEYS

AT LAW

QA
FLINT

VZTHROIT

MICH

CO

OF THO

THE

PURSUANT

TO THE

REQUIRED

BY SECTION

29

UND

ATTACHED

FAIR

LABOR
216

USCA CC

COMPLAINT
STANDARDS

THEREOF

SUN
ACT

216

HEREBY CONSENTS
FILED

TO BE

TO RECOVER BACK

ACT AND PARTICULARLY

C7

AS

WAGES

ANSJER OF PARKE
COMPANY
FILED

DAVIS

62668

UNITED

STATES OF AMERICA
COURT OF THE UNITED STATES
THE EASTERN SISTRICT OF MIQIICAN
SOUTHERN DIVISION

TW DISTRICT
EOFL

CALVIN

SIMS RICHARD ALLEN
FRANK ROGERS BILLY LEE
WALTER LEE FLOYD
WILLIAMS
SLAGER PETER GEORGE MILLS
LEE
WALKER CLEMONT
DEDEAUX ORDELL VILBURN
WILLIAM

CLEARY HERBERT

FRED HOLNAGEL
WILLIAMS
BENNY SPELLS KENNETH INMAW
RAYMOND
BAILEY
ORCEAN
DAVIS JERRY MACK AND BOYD
KELTON
PLAINTIFFS
CIVIL

NO

ACTION

31172

PARKE

DAVIS
COMPANY
MICHIGAN CORPORATION AND THE
UPJOHN
DELAWARE CORPORATION

CO

DEFENDANTS

ANSWER
HI

COUNT
NOW COMES PARKE DAVIS
CORPORATION ONE
STONE

ITS

OF THE DEFENDANTS

ATTORNEYS

HEREIN

BY MILLER

AND IN ANSWER TO PLAINTIFFRL

ANSWERING PARAGRAPH
HONORABLE COURT HAS JURISDICTION
FURTHER

ANSWERING

THE REMAINING

COMPANY

THIS

DEFENDANT ADMITS

DEFENDANT NDTHER

CONTAINED THEREIN

PADDOCK AND

SAYS

OVER THE SUBJACT MATTER IN THIS

SAID PARAGRAPH

ALLEGATIONS

CANFIELD

COMPLAINT
THIS

MICHIGAN

BUT LEAVES

ADNIITRI

THAT

CAUAE
NOR DENIES

THE PLAINTIFFS

TO THEIR

PROOFS
ANSWERING PARAGRANH
DEFENDANT SPECILICALLY

CKNLES ANY LIABILITY

OF PLAINTIFFS

CORNPLAII2T

WHATSOEV ON TH

THIS

PART OF

THIS

IARKE

DAVIS
ADMITS

THE

NOR DENIES
TO THEIR

PLAINTIFFS

REMAINING

PROOFS

THE

OF PLAINTIFFS

NOR DENIES

ADMITS

CONTAINED TLMREMN WHICH

ALLEGATIONS

AUE

THE REMAINING

DEFENDANT DENIES

OF BRINGING

THE PROPRIETY

RURTHER

ANSV

THIS

SAID PARAGRAPH

CAUSE AS

PARPORTED

DEFENDANT NEITHER

THIS

REMAINING ALLEGATIONS CONTAINED THEREIN

THE

COMPLAINT

OF PLAINTIFFS

THIS

CLASS
ADMITS

NOR

BUT LEAVES THE PLAINTIFFS

DENIES

DEFENDANT SPECIFICALLY

1963

THIS

DEFENDANT ADMITS

GRAPH WHICH PERTAIN

TO THIS

DEFENDANT NEITHER ADMITS
THEREIN

THE ALLEGATION

NOR DENIES

THIS

PARAGRAPH

TO

THE REMAINING

TO THEIR

DCFRN TINT

ADNIITS

SAID PARAGRAPH

NHIEGATIONS

WERE ERECTED

CLINICS

CONTAINED IN

SAID

PARA

SAID PARAGRAPH THIS
CONTAINED

ALLEGATIONS

PROOFS

AETENNANT AENIEN

CCRNA

WE AETTLONS

ANSWERING PARAGRAPH

THIS

THIS

COMPLAINT

OF PLAINTIFFS

DEFENDANT SPECIFICALLY

RESEARCH

FURTHER ANSWERING

DEFENDANT

BUT LEAVES THE PLAINTIFFS

THAT

OTHER ALLEGATIONS

ALL

COMPLAINT

OF PLAINTIFFS

ANSWERING PARAGRAPH

ING

BUT LEAVES THE

PROOFS

THCI

IN

FAR

DEFENDANT NEITHER

CONTAINEDIHOREIN

ANSWERING PARAGRAPH

DENIES

RELATE TO

THIS

TO THEIR PROOFS

PLAINTIFFS

ACTION

COMPLAINT

THIS

ANSWERING SAID PARAGRAPH

FURTHER

COMPANY

DAVIS

BUT LEAVTS THE

CONTAINUD THEREIN

ALLEGATIONS

ANSWERING PARAGRAPH
DEFENDANT ADMITS

DEFENDANT NEUTER

THIS

FURTHER ANSWERING SAID PARAGRAPH

COMPANY

DENIES

THAT

THAT

PN

THIS

IT

IT

PAID

FOR

OF PLAINTIFFS

COMPLAINT

ANY WAGES TO ANY PRISON

POWER

THE

PU4NT

INNATE

FURTHER ANSWER

HEAT AND SWATER

DEFUNCHAT NEITHER ADMITS NOR DENIES

CODTABOD THEREHM BUT LEAVES

THIS

TO THEIR

THE REMAINING

PROOFS

THAT THERE

DEFENDANT ADNAITE

RATTIER

INMATES

C1A

ANSWERING SAID PARAGRAPH

FOR THE PRISON

DEFENDANT

THIN

NEITHER ADMITS

BUT LEAVES

REMAINING ALLEGATIONS CONTAINED THEREIN

THE

DENIES

WERE VARIOUS

THIS

COMPLAINT

OF PLAINTIFFS

ANSWERING PARAGRAPH

TO

THE PLAINTIFFS

PROOFS

THEIR

CONTAINED

PARAGRAPH

IN

NOR DENIES

DEFENDANT NEITHER ADMITS

THIS

OF PLAINTIFFS

COMPLAINT

BUT LEAVES

THE

THE

ALLEGATIONS

TO

PLAINTIFFS

PROOFS

THEIR

THIS DEFENDANT DENIES

10
GRAPH 10

OF PLAINTIFFS

GRAPH 11

OF PLAINTIFFS

1Z
GRAPH

THE ALLEGATIONS

CONTAINED

IN

PNN

THE ALLEGATIONS

CONTAINED

IN

PAN

THE ALLEGATIONS

CONTAINED

IN

PARA

COMPLAINT
THIS DEFENDANT DENIES

11

COMPLAINT
DEFENDANT DENIES

THIS

COMPLAINT

OF PLAINTIFFS

COUNT
THIS

ANSWERS

TO

PARAGRAPHS

IT

DEFENDANT INCORPORATES

HEREIN

BY REFERENCE

AS THOUGH THE

THROUGH 12 OF COUNT

ITS

SANE WERE

FULLY

SET FORTH HEREIN
DEFENDANT DENIES

THIS

THE ALLEGATIONS

CONTAINED

OF PLAINTIFFS

CONWLAINT

IN

BE

PARAGRAPH

COMPLAINT

OF PLAINTIFFS

ANSWERING PARAGRAPH
DEFENDANT

ADM ITS

FEDERAL FAIR
SAID

NOR

THAT

IT

IS

SUBJECT

LABOR STANDARDE ACT

PARAGRAPH

THIS

DEFENDANT

TO

OF

DENIES

THE

MINIMUM

1958

AS

WAGE PROVISIONS

AMENDED

THE REMAINING

THIS

OF THE

RURTHER ANSWERING

ALLEGATIONS CONTAINED

THEREIN

THK
PARAGRAPH

OF PLAIMAFFS

DEFENDANT DENIES

COMPLAINT

THE ALLCGATIOIS

CONTAINED IN

COUNT

DEFENDANT INCORPORATC HEREIN

THIS

ANSWERS

TO PARZ GRAPHS

NET FORTH

HEREIN

THEIR

VI

THROLIGH

OF PLAINTIFFS

PARAGRAPH

ITS

SNME WORE

NOR DENIES

THE

FULLY

ALLEGATIONS
TO

BUT LEAVES THE PLAINTIFFS

COMPLAINT

PROOFS

OF PLAINTIFFS

PARAGRR

CONTAINED

IN

DENIES THE ALLEGATIONS

CONTAINED

IN

CONTAINED

IN

DEFENDANT CENTES THE ALLEGATIONS CONTAINED

IN

DEFENDANT

COMPLAINT

OF PLEINTIFFS

DEFENDANT DENIES

THIS

DEFENDANT DENIES

THIS

COUNT

PARAGRAPHS

SET FORTH

HEREIN

THROUGH 12 OF COUNT

ANSWERING PARAGRAPH
DEFENDANT ADMITS THAT AS PRISON

LIBERTY

FUWTHER ANSWERING

LUG A11EGATIOIAR

CORT2TILWD

IV

DEFENDANT INCORPORATES

THIS

TO

CONTAINED IN

THE ALLEGATIUNS

COMPKINT

OF PLAINTTFFE

ANSWERS

A1LEGAT

COMPLAINT

OF PLAINTIFFS

PARAGRAPH

THE

COMPLAINT

OF PLAINTIFFS

THIS

PARAGRAPH

THE ALLEGATIONS

DEFENDANT DENIES

THIS

PARAGRAPH

IN

COMPLAINT

OF PLNINTIFFS

PARAGRAPH

CONTAINED

COMPLMNT

THIS

PARAGRAPH

THE ALLEGATIONS

DEFENDANT DENIES

THIS

THIS

BY REFERENCE

AS THOUGH THE

COUNT

DFENDANT NEITHER ADMITS

THIS

CONTAINED IN

ILL

THERCIN

IRNUATOS

PARAGRAPH

AS

HEROIN

THOUGH THE

OF SAID

PLAINTIFIS

THIS

BY REFERENCE

ITS

SAME WERE

PLAINTIFFS

FULLY

COMPLAINT

AXE DEPRIVED

DEFENDANT DENIES

OF

THE

THEIR

REMAIN

THIS

THIS
OF PLAINTIFFS

PARAGRAPH

IN

THE ALLEGATIONS CONTAINED

IN

THE ALLEGATIONS

DEFENDANT DENIES

COMPLAINT
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THIS

THEFR

CONTAINED

ALLEGATIONS

COMPLAINT

OF PBINTIFFS

CONTAINED IN

IN

THE

DEFENDANT DENIES

THIS

PARAGRAPH

COR

DENIES

COMPLAINT

OF PLAINTIFFS

PARAGRAPH

DEFENDANT

PARAGRAPH

OF PLAINTIFFS

COMPLAINT

NOR DENIES

THE ALLEGATIONS

BUT LEAVES THE PLAINTIFFS

TO

PROOFS
THIS
OF PLAINTIFFS

PARAGRAPH

DEFENDANT DENIES

IN FURTHER ANSWER AND BY
STATES

BY REASON

OF THE

THAT

ALLEGATIONS

CONTAINED IN

CONIPLAINT

DEWENSE

AFFIRMATIVE

DEFENDANT

THE

SOME

APPLICABLE

OR

ALL

OF MFIRIRATIVE

WAY

FROM BRINGING

OF LIRNITATION

WHEREFORE DEFENDANT PARKE
MICHIGAN

CORPORATION

PREJUDICE

AND THAT PLAINTIFFS

PRAYS THAT PLAINTIFFS

THIS

ARC BATRED IN WHOLE OR IN PART

OF PLAINTIFFS

STATUTE

DEFENSE

BE ORDERED TO PAY

ALL

COMPANY

DAVIS

COMPLAINT

ACTION

THIS

BE DISMISSED

WITH

COSTS AND REASONABLE

ATTORNEY FEES SO WRONGFULLY SUSTAINED

MILLER

CANFIELD

PADDOCK AND STONE

WOLFGANG HOPPE

BY

WOLFGANG FLOPPE
ATTORNEYS

FOR DEFENDANT

PARKE

DAVIS

COMPANY
2500

DETROIT BANK

DETROIT

DATED

JUNE

…D 1958

TRUST BUILDING
36420
MICHIGAN 48226

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OF PLAINTIFTO

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OF PLA4NTIFFS

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THS

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IN

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OX

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ZN FIRTBCR

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UT

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AT

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CP

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PTHINTIFFS

THE APPLICABXO

BY REASON

BTN

OF

ORE BARRCD

STETUTS

IN

TM3

WHO

OF LINITATIONA

ACTION

VZ TW3O

WRETRORS DCFONDANT
THAT

P1AINTI

THAT
ATTOZV

BE
FEES

SO

CO
OR

COMPANY

NONG2T

DIT

BE

TO PAY

DAIIAZTRE

08 CCST

CWZTEDNCD

TJYK2MA

TILAT

3Y

RTLZT

C0OD

FOR D2F
TTEN
UPJOHN CO
2700 PENO
FEZ

THE

DETROIT

963C
2260

WTH

040

P4R

FLI

INDIVIOUAILY
TH0

FLUILDING

4FLO

TRICC

FILED

CO

FOR

OCT 14

1968

UNITED
STATES DISTRICT
COURT
EASTERN DISTRICT
OF MICHIGAN
SOUTIIERN
DIVISION

TUFL

CALVIN

FRANK
SIMS RICTIARD ALLEN
WALTER
ROGERS HILLY LEE WILLIANS
LEE BOYD SLAGER PETER GEORGE MILLS
LEE
WALXER CLEMONT DEDEAUX
ORDELL VILSURN
WILLIAM
CLEARY
HERSERT WILLIAMS
FRED HOLNAGEL BENNY
SPELLS KENNETH INMAN RAYMOND
ORCEAN DAVIS
JERRY MACK
BAILEY
BOYD KELTON THOMAS
LORD RALPH
WATSON CHESTER
PHILLIP
SAWICKI
MCGHEE AND VERNON
MEVIS

PLAINTIFFS

NO

VS

CO

31172

PARKE DAVIS
MICHIGAN
CORPORATION AND THE UPJOHN
DELAWARE CORPORATION

CO

DEFENDANTS

TUE UPJOHN CONPANY
ANSWERS AND OBJECTIONS
TO PLAZNTIFFS
INTERROGATORIES

THE UPJOHN COMPANY ASSEXTS
TO
GENERAL OBJECTION
THE FORM OF QUESTIONS
SET FORTH IN P1AINTITFS
INTERROGATORIES
THE UPJOHN COMPANY DOES NOT ADMIT THAT IT UTILIZES
INNATE
LABOR CMPLOYS INMATES OR THAT INMATES WORK FOR OR PERFORM
JOB FOR THE UPJOHN COMPANY OR WORK
THE UPJOHN PROGRWT
ALL INMATE PLAINTIFFS
WHO WERE OR ARE ASSOCIATED WITH THE UPJOHN
CLINIC
WERE ASSIGNED THERETO BY PRISON
UTHORITIES
NOW COMES DEFENDANT
TO PLAINTIFFS
INTERROGATORIES

THE UPJOHN COMPANY AND IN
STATES AS FOLLOWS

STATE WHETHER OR NOT
OF PRISON
REGARD TO YOUR UTILIZATION
OF SOUTHERN MICHIGAN

FL

WRITTEN CONTRACT EXISTS WITH
LABOR IN THE STATE PRISON

STATE WHO THE CONTRACT IS WITH
STATE THE DATE THEREOF
WHO ARE THE FORMAL PARTIES
AS DESIGNATED
THEREIN
ATTACH
OF
SAID
CONTRACT
TO YOUR ANSWERS TO
COPY
THESE INTERROGATORIES
STATE
OR IN THE ALTERNATIVE
WORD FOR WORD THE CONTENT OF SUCH CONTRACT

ANSWER
LABOR UTILIZED

RESPONSE

NO SUCH CONTRACT

STATE IN C9NPLETE DETAIL
BY YOU AT SAID PRISON

EXISTS
THE METHOD

PAYMENT

STATE THE CLASSIFICATION
OR TYPE OF EACH JOB
PERFORMED TY THE PRISONERS
STATE THE RATE OF COMPENSATION FOR EACH SUCH
STATE TO WHOM SUCH MONEY IS PAID
STATE IN WHAT FORM SUCH MONEY IS PAID

FOR

JOB

DESCRIBE
THE
CLASSIFICATION

WORK INVOLVED
IN EACH JOB
OR TYPE YOU HAVE NAMED ABOVE

ANSWER
THE UPJOHN COMPANY MAKES PORIODIC
PAYMENTS
STATE OF MICHIGAN
TO INMATES
WHICH INCLUDE AMOUNTS RELATING
THE PRISON AUTHORITIES
TO THE UPJOHN CLINIC
ASSIGNED
TO THE

WHICH
UPJOHN CLINIC
ASSIGNMENT CLASSIFICATIONS
HAVE EXISTED AND MOST RECENT PER DIEM CHARGES BY STATE OF MICHIGAN
ARE AS FOLXOWS

76
50
35
75
40
50
30
55
40
25
35
40
25

CHIEF TECHNICIAN
TECHNICIAN
TECHNICIAN
TRAINEE
CHIEF CLERK
CLERK
NURSE SUPERVISCR
NURSE
CHIEF COOK
KITCHEN
PAN
KITCHEN POT
MAINTENANCE MAN
HEAD PORTER

THE STATE

125
75
50
125
75
100
50
80
55
40
60
60
40

OF MICHIGAN

COMPANY CHECK
CHIEF TECHNICIAN
TECHNICIAN
TECHNICIAN
TRAINEE

ORDINARILY
PERFORMS SPECIFIC
TASKS SUCH AS OPERATION OF
EEC MACHINE

CHIEF CLERK
CLERK

CLERICAL

NURSE SUPERVISOR
NURSE

ACTS

CHIEF
COOK

COOKS AND SERVES

WITH

COOK

KITCHEN
KITCHSZF POT
MAINTENANCE

ASSISTS

MAN

ANSWER
AUTHORITIES

FIRST

IN

FOOD

KITCHEN

MAINTENANCE

AND MINOR

JANITORIAL

STATE THE DATE ON WHICH
LABOR OF SAID PRISONERS

BY PRISON

NURSE IN CONNECTION
CLINICAL
TESTS
AS

PAN

HEAD PORTER
PORTER

THE

TASKS

INMATE

REPAIR

TASKS

YOU FIRST

BEGAN TO UTILIZE

WAS ASSIGNED
AMONG PLAINTIFFS
ON APRIL
1964

TO UPJOHN CLINIC

INK

STATE WHETHER OR NOT YOU HAVE SIMILAR
WORK PROGRAMS
AT ANY OTHER PLACE OF
IN THE UNITED STATES
STATE WHETHER OR NOT YOU UTILIZE
THE LABOR IN
IN ANY COUNTRY OR PLACE
PLACE OF INCARCERATION
OTHER THAR THE UNITED ST4TES

ANSWER

BEEN

UTILIZED

NONE WITHIN

OR WITHOUT

THE

UNITED

STATES

STATE THE NAME OF EVERY PRISONER WHOSE LABOR HAS
OF THE PROGRAM
BY YOU SINCE THE BEGINNING

25A

STATE THE NUMBER OF HOURS EVERY SUCH PRISONER
HAS WORKED
STATE THE AMOUNT OF MONEY EACH SUCH PRISONER HAS
BEEN PAID OR HAS BEEN PAID FOR SUCH PRISONER
STATE THE YEARS DURING WHICH SUCH UTILIZATION
OF
LABOR IN THE CASE OF EACH PRISONER HAS TAKEN PLACE
STATE THE TOTAL NUMBER OF PRISONERS WHOSE LABOR IS
BEING UTILIZED
AT THE PRESENT TIME
STATE THEIR NAMES AND JOB CLASSIFICATIONS
IS

AS

ANSWER
FOLLOWS

INFORMATION

FRANK ROGERS
TRAINED TECHNICIAN

SOU9HT WITH

8555

RESPECT

TO PLAINTIF

1965

1966

45620

1965

1966

TECHNICIAN

63760

1966

1967

1968

CLEMONT DEDEAUX
CHIEF TECHHICIAN

64425

1965

1966

1967

ORDELL
CLERK

29880

1966

1967

51875

1965

1966

29250

2965

1966

RALPH WATSPN
COOK

19865

1964

1965

CHESTER
COOK

33575

1966

1967

44240

1966

1967

1968

107710

1964

1965

1966

WALTER LEE
NURSE SUPERVISOR
LEE
CHIEF

WA1

VILBURN

FRED HOLNAGEL
CHIEF TECHNICIAN
KENNETH
TRAINED

TEC
INJNAN

SAWICKI

VERNON
MEVIS
NURSE SUPERVISOR
BOYD SLAGER
CHIEF CLERK

1967
HOURS FOR ABOVE PERSONS UNKNQWN
PEFENDANT

IN

OBJECTS

STATE IN DETAIL
THE PROGRAM AT THE PRISON

TO BALANCE

OF QUESTION

HOW INMATES

ARE SELECTED

TO WORK

WHAT PART DO YOU PLAY IN SELECTING
THE INMATES
DO THE INNATES HAVE ANY FREEDOM TO REFUSE TO WORK
IN THE PROGRAM
IS THE METHOD OF SELECTIDN
OF INMATES FOR WORK IN
YOUR PROGRAMS ESSENTIALLY
SIMILAR
TO SELECTION
OF
INMATES FOR WORK IN OTHET PRISON INDUSTRIES
WHAT
EXIST
REGARD TO THE SELECTION
OFIRMIATES WORK IN Y6UR PROGRAMS AND THE
SELECTION
BF INMATES FOR WORK IN OTHER PRISON

DIEFE

INDUSTRIES

WHAT SANCTIONS ARE APPLIED
AGAINST
REFUSES TO WORK IN YOUR PROGRAM

PRISONER

WHO

ANSWER
TO WORK AT UPJOHN

INMATES

ARE

CLINIC

ASSIGNED

BY PRISON

AUTHORITIES

THE UPJOHN CLINIC
PLAYS NO PART IN THE SELECTION
INMATES TO BE ASSIGNED TO IT
EXCEPT THAT OCCASIONALLY
REQUEST FOR
SPECIFIC
INMATE HAS BEEN MADE
OF

UNKNOWN

ASSIGNRNENTOF
IS
ESSENTIALLY

UNKNOWN UPON INFORMATION
AND BELIEF
THE
INMATES BYTHE PRISON AUTHORITY
TO THE TJPJOHN CLINIC
THE SANE AS THE ASSIGNMENT TO OTHER PRISON
PROGRAMS
UNKNOWN
UNKNOWN

PROGRAMS IR

DO YOU KNOQ OF ANY OTHER DRUG COMPANY WITH
THE UNITED STATEST

SIMILAR

IF
SO WHAT METHOD OF PAYMENT IS FOLLOWED BY THAT
DRUG COMPANY IF YOU KNOW IN ITS
PROGRAMS
NAME THE DTUQ COMPANY OR COMPANIES AND THE PLACE
OR PLACES WHERE SUCH PROYTAMS ARE CARRIED ON

ANSWER
UPON INFORMATION
AND BELIEF
PARKE
DAVIS AND COMPANY AT THE 7STATE PRISON FOR SOUTHERN
HAS
MICHIGAN
AN ESSENTIALLY
WHICH OPERATES IN THE SAME
MANNER AS THE UPJOHN CLINIC
LOCATED AT THAT PRISON

IDENTICAL

WHAT STATUTES OF THE STATE OF MICHIGAN WILL YOU
RELY ON AT THE TRIAL OF THIS CAUSE TO 4UTHORIZE
YOUR USE OF
PRISON LABOR

ANSWER
THE STATE

DEFENDANT

OBJECTS

TO QUESTION

WHAT MEMBERS OF THE DEPARTMENT OF CORRECTIONS
OF MICHIGAN
OWIA STOCK IN YBUR CCZHPANY

FOR

NAME THEM
GIVE THE AMOUNT OF STOCK
OR EACH PERSON
GIVE THE SAME INFORMATION
FOR ANY PAST MEMBER
OF THE DEPARTMENT OF CORRECTIONS SINCE
YOUR
PROGRAM WENT INTO EFFECT
ANSWERZ

10

IX

DEFENDANT

ARE YOU

PROFIT

OBJECTS

MAKING

TO

QUESTION

ORGANIZATION

DO YOU MARKET DRUGS IN INTERSTATE
COMMERCE
DO YOU MARKET DRUGS WHICH ARE TESTED AT THE STATE
PRISON OF SOUTHERN MICHIGAN
IN INTERSTATE
COMMERCE
DO YOU SELL SUCH DRUGS FOR PROFIT
ARE DRUGS USED IN TESTING AT THE PRISON SHIPPED
IN
INTERSTATE
COMMERCE
STATE YOURPROFIT FOR YOUR LAST
COMPLETE FISCAL
YEAR

ANSWER
10
DEFENDANT OBJECTS TO QUESTION 10
DEFENDANT
ANSWER PARAGRAPH
ADEQUATELY PROVIDES NEEDED
INFORMATION

41
FOR EACH JOB CLASSIFICATION
AT THE STATE PRISON OF SOUTHERN
MICHIGAN
CIVILIAN
FOR PERFORMING
THE
OVERTIME RATES OF PAY

WOULD
ANSWER

RESULT

11

UNKNOWN

FROM PURE CONJECTURE

WHICH INM4TES
PERFORNR
GIVE THE RATE OF PAY
JOB FOR YOU INCLUDING

ANY ANSWER TO QUESTION

11

WOULD

THE BENEFIT
HOW ARE THE AMOUNTS PAID TO OR FOR
MICHIGAN
OF
SOUTHERN
AT THE STATE PRISON
OF THE PRISONERS
REFLECTCD IN YOUR FEDERAL INCOME TAX RETURN

12

ANSWER

THE SAME QUESTION

FOR

YOUR STATE

RETURN
FOR
ANSWER THE SAME QUESTION
IN
FILE
IF
FACT
RETURN
YOU
FOR
ARE ANY AMOUNTS WITHHELD
AT ANY LEVET
ARE ANY AMOUNTS WITHHELD FOR

FL

INCOME
INCOME

YOUR CITY

TAX
TAX

ONE
INCOME

TAX

SOCIAL

SECURITY

PURPOSES

BENEFITS
AMOUNTS PAID BY THE PPJOHN COMPANY TO
FOR CHARGES WITH RESPECT TO INMATE
THE STATE OF MICHIGAN
ON FEDERAL AND STATE TAX RETURNS AS
ARE REFLECTED
ASSIGNMENTS
AND LABORATORY RESEARCH EXPENSE
OUTSIDE CLINICAL

ANSWER

12

NO

12

14O

13
FOR

12

WHO DETERMINES

THE NUMBER OF HOURS AN INMATE

WORKS

YOU
HAVE YOU EVER REJECTED AN INMATE CONSIDERED BY YOU
FOR WORK IN YOUR CLINIC
HAVE YOU EVER SOUGHT REPLACEMENT OF AN INMATE
CONDUCT
BECAUSE OF UNSATISFACTORY
AS FAR AS YOU ARE ABLE
GIVE THE NAMES AND DETAILS
FOR THE PRIOR TWO QUESTIONS

ANSWER
AUTHORITY

THERE

13
ARE

HOURS ARE REGULATED BY PRISON
ASSIGNMENT
NO SET HOURS FOR ACTUAL PERFORMANCE OF TASKS

13A

NO

13

NO

13

INAPPLICABLE

14

ON WHAT FACTS

PROPER CLASS
TBIS LAWSUIT

ACTION

ANSWER

14

IN

DO YOU RELY IN DENYING
YOUR ANSWER TO PLAINTIFFS

DEFENDANT

OBJECTS

15
OPERATIONS

WHO CONSTRUCTED THE BUILDING
ARE CARRIED ON AT THE PRISON

THAT THIS
COMPLAINT

TO QUESTION
IN

WHICH

IS
IN

14
YOUR

THE BUILDING
WHO BUILT
WHAT WAS THE COST
NOW
WHO OWNS THE BUILDING
FROM THE ORIGINAL
IF
THE PRESENT OWNER IS DIFFERENT
TRANSFERRED
HOW
WAS
TITLE
OWNER
TREATED BY YOU FOR FEDERAL
FLOW WAS THE TRANSACTION
INCOME TAX PURPOSES
ATTACH COPIES OF ALL DOCUMENTS INVOLVED IN THE TITL
TRANSFER OR STATE THEM WORD FOR WORD AS PART OF THE
ANSWER TO THIS INTERROGATORY
OF SAID
FOR THE MAINTENANCE
WHO IS RESPONSIBLE
BUILDING
WHO DOES THE MAINTENANCE WORK

ANSWER

15

15

BANTA

APPROXIMATELY

BROOKS COMPANY

31739000

LANSING

MICHIGAR

15
15

FL

15
30

ST

THE

OF MICHIGAN

INAPPLICABLE
DEPRECIATION

OF LAASEHOLD

15

INAPPLICABLE

15

THE

STTE

OF MICHIGAN

15
OF SOUTHERN

LABOR EMPLOYED
AND INMATES
MICHIGAN

16
FOR

OVER

IZNPROVEFFIEFLTS

YEAR PERIOD

YOU

IF

THERE

IS

THE

AND

COMPANY

UPJOHN

OUTSIDE OF THE STATE PRISON
ASSIGNED BY PRISON AUTHORITY

PRISONER TO CONTINUE WORKING
YOU DO NOT WANT
ANY REQUIREMENT THAT YOU KEEP THEM ANYWAY

ARISWER

16

17

THERE

ARE

YES
ANY CUSTODIAL

EMPLOYEES

FROM THE PRISON

AT YOUR BUILDING

ANSWER

17

YES

18
ARE THE
SAME JOB CLASSIFICATIONS

CIVILIANS
EMPLOYED BY YOUR COMPANY IN THE
AS THE PRISONERS MEMBERS OF ANY NNTOP

STATE THE UNION
COLLECTIVE
ATTACH
COPY OF ANY APPLICABLE
BARGAINING
AGREEMENT
BUT NOT LIMITED
ALL FRINGE BENEFITS
LIST
INCLUDING
TO VACATION
PAY PENSION PLAN ETC

ANSWER
UPJOHN

18

COMPANY WORKING

19

CIVILIAN
EMPLOYEES OF THE
UNION
ARE MEMBERS OF

IN DETAIL
THE HISTORY
THE WALLS OF JACKSON

STATE
WITHIN

OF THE CLINICS

NONE OF THE
AT THE CLINIC

OF THE
PRISON

COMMENCEMENT
BY YOUR COMPANY

AND AGENTS
STATE THE NAMES OF YOUR REPRESENTATIVES
ON THE NEGOTIATIONS
WHO CARRIED
THE
STATE THE NAMES OF THE PERSONS REPRESENTING
OF
CORRECTIONS
WHO
CARRIED
ON
DEPARTMENT
FOR THE STATE OF MICHIGAN
NEGOTIATIONS
AND INTERCOMPA
OF ALL CORRESPONDENCE
ATTACH COPIES
MEMORANDA RELATING
TO THE AFORESAID
NEGOTIATIONS
AND THE CONTRACT SIGNED BETWEEN YOU AND THE PRISON
IF ONE WAS IN FACT SIGNED

ANSWER
AND INCORPORATED
BALANCE OF QUESTION

20
TO THE

19

SEE ATTACHED AGREEMENT MARKED AS EXHIBIT
DEFENDANT OBJECTS TO
HEREIN BY REFERENCE

19

STATE WHETHER OR NOT YOU SOUGHT LEGAL
OF THE CLINICS
UNDER MICHIGAN
LAW

LEGALITY

ATTACH
COPY OF ANY LEGAL OPINXON
RECEIVED
IN CONNECTION WITH SAID
ATTACH ALL CORRESPONDENCE RELATING
SUCH LEGAL OPINION

ADVICE

AS

YOU HAVE

QUEST

ANSWER

21
JOH ASSIGNMENTS

20

DEFENDANT

OBJECTS

TO

GIVE THE NAMES OF ANY INMATES
FOR YOUR COMPANY

ANSWER

21

UNKNOWN

TO ANY

QU
WHO HAVE

20

FUSED

22
UPON THEIR

HAVE ANY INMATES WHO WORKED FOR YOU IN
RELEASE GONE TO WORK FOR YOU
THE

STATE

AR

22

NAMES OF ALL

PRISON

SUCH PRISONERS

NONE

23
OUTLINE
THE CHAIN OF CORMNAND OR ADMINISTRATION
WITHIN
THE PRISON WALLS
OF YOUR EMPLOYEES IN THE CLINIC
STATE
STATE

EACH ADMINISTRATIVE
THE DUTIES
INVOLVED

POSITION
IN CARRYING

OUT EACH

POSITION

23

SCHWECM
STAFF PHYSICIAN
DR
II
FOR PROTOCOLS AND CLINICAL
RESPONSIBTH
OF CLINIC
WITHIN
RULES AND REGULATIONS
OF
STUDIES
OPERATION
STATE PRISON FOR SOUTHERN MICHIGAN
RALPH
WILLY
SUPERVISOR
OF RESEARCH AFFAIRS
FOREXECUTION OF PROTOCOLS
RESPONSIBLE
AT CLINIC
AND FOR ROUTINE
MATTERS RELATING
TO THE OPERATION
OF OPERATIONAL
OF THE CLINIC
WILLIAM
IIOSSLCR
SUPERVISOR
OF BUILDING
AND EQUIPMENT
AFFAIRS
FOR MAINTENANCE
RESPONSIBLE
AND ROUTINE MATTERS RELATING
TO OPERATXON
GENERAL SUPERVISION
OF THE CLINIC

ANSWER

JACKSON

ESCARCH CLINIC

24
HAVE YOU EVER WRITTEN
LETTER OF RECOMMENDATION
TO AID
FOR ANY INMATE WHO WORKED FOR YOU IN THE PRISON CLINIC
IN
ANOTHER
HIS
RELEASE
HIM
OBTAINING
JOB UPON
24

ANSWER

YES

2K
GIVE THE COMPLETE NAME AND COURT CASE NUMBER OF
OTHER SUITS INVOLVING
IN THIS SUIT IN
ANY OF THE QUESTIONS
WHICH YOU ARE NAMED
DEFENDANT
ALL

ATTACH
COPY OF THE COMPLAINT AND ANSWER IN
EACH SUCH SUIT
ATTACH
COPY OF ANY MOTION TO DISXNISSFILED
YOU AND ANY ANSWER THEREOF

25

ANSWER

DEFENDANT

OBJECTS

TO QUESTION

BY

25

26
LIAVE
THERE EVER BEEN DISCUSSIONS
BETWEEN YOUR
OR AGENTS AND AGENTS OR REPRESENTATIVES
OF THE
REPRESENTATIVES
THE PAYMENT OF WAGES TO
DEPARTMENT OF CORRECTIONS
INVOLVING
INMATES FOR WORK DONE IN THE CLINICS
IN ACCORDANCE WITH THE
OF THE FEDERAL MINIMUM
PROVISIONS
WAGE LAW OR THE STATE MINIMUM
WAGE LAW
GIVE

ANSWER

PA

THE

26

DETAILS

OF ANY SUCH DISCUSSIONS

DEFENDANT

OBJECTS

TO QUESTION

26

27
IN CONNECTION WITH YOUR PROGRAM HAVE YOU PAID
OR ANY
MONEY TO ANY MEMBERS OF THE DEPARTMENT OF CORRECTIONS
EMPLOYEES OF THE DEPARTMENT OF CORRECTIONS
FOR ANY REASON
IF

ANSWER

SO

STATE

27

NO

THE

DETAILS

OF ANY

SUCH TRANSACTION

ANY

DYJCEI4A

WHEAT SPENCER

GOODNOW

XI

TH

T7 VU

BY

TIMOTHY
CARROLL
2700 PENOBSOCT BUILDING
48226
DETROIT
MICHIGAN

C4
LII

9636040

ATTORNEYS
UPJOHN

DATED

OCTOBER

14

1968

FOR DEFENDANT

COMPNY

THE

TRIG

ACR
THE

FOLLOWING

OWNERSHIP OF
4ICHIGAFL

COVERS THE MCTHOD OF CONSTRUCTION
AT THE STATE
RESEARCH NUILDING
CLINICAL

AGRERIFLCNT

THE

‰CRATION

FRISON

OF

AND

SOUTHERN

AT

CS

OF AN ARCHITECT
THE SERVICES
THE UPJOHN CONPANY WILL RETAIN
RESEARCH
O19
CLINICAL
END WILL CONTRACT FOR THE CONSTRUCTION
MICHIGAN
AT THE STATE PRISON OF SOUTHERN

ZDLDINS

THE
THE UPJOHN COMPANY WILL PAY
CONSTRUCTING THE BUILDINS

ENTIRE

EXPENSE

OF PLANNING

AND

RESEARCH BUILDING
FOR THE CLINICAL
THE PLANS END SPECIFICATIOTI
AND THE
CORRECTIONS
OF
RNU BE APPROVED BY BOTH THE DEPARTMENT
UPJOHN

COMPANY

PUR

ALL NECESSARY EQUIPMENT FCC
THE UPJOHN COMPANY WILL
WILL REMAIN
AND THE PORTABTE RESEARCH EQUIPMENT
THE BUILDING
THE PROPERTY OF THE COMPANY

OF
OF THE COMPLETED PROJECT BY THE DEPARTMENT
UPON ACCEPTANCE
BECOME THE
AND FIXED
EQUIPMENT SHALL
THE BUILDING
CORRECTIONS
OF
ANY INSURANCE
THE PROCEES
OF MICHGAN
PROPERTY OF THE STATE
SHALL BE
OR CONTENTS AGAINST DAMAGE
ON THE BUILDING
PRBTECTIOII
SHALL BE PROVIDED
SUCH INSURANCE
USED TO RESTORE THE FACILITY
BY THE UPJOHN COMPANY
COMPLETED PROJECT
PARTIALLY
EVENT OF ABANDONMENT OF
SHALL BECOME
SITE
CONSTRUCTION
THE
AT
AND EQUIPMENT
ANY MATERIALS
OF CORRECTIONS
THE PROPERTY OF THE DEPARTMENT
IN

THE

WZ

THE
MEINTAIN
ADMINISTER
THE UPJOHN COMPANY WILL BEAT LIGHT
AT ITS
OWN EXPENSE
AND PROVIDE NECESSARY SUPERVISION
BUILDING
OF
BE
THE
WILL
RESPONSIBILITY
HOWEVER CUSTODY AND SECURITY

BE DEPARTMENT OF CORRECTIONS

T1

WILL HAVE THE
THE UPJOHN COMPANY AND ONLY THE UPJOHN COMPANY
RESEARCH SO LONG AS
FOR CLINICAL
RIGHT TO USE THE BUILDING
OR CORPORA
RESEARCH IS CONDUCTED BY ANY ORGSNIZATLOFL
CLINICAL
TION AT THE STATE

PRISON

OF

SOUTHERN MICHIGAN

FOR THE CONDUCT OF THE
THE UPJOHN COMPANY WILL BE RESPONSIBLE
THEY WILL
RESEARCH FLUILDING
RESEARCH IN EHE CLINICAL
CLINICAL
OF THE DEPARTMENT OF CORRECTIONS AND THE
ABIDE BY THE POLICIES

LAWS OF MICHIGAN

AND

THE

UNITED

STATES

EXHIENY

10

MC

DEPNRTRNEDT

FACILITATE

THE

THE DEPARTMCFLT

TO

PARTICIPATE

OF

CORRECTIONS WILL

CONDUCT OF

CLINICAL

OF

CORRECTIONS WILL

AS

SUBJECTS

IN

THE

TAKE

ALL

TO

RESEARCH

CLINICAL

MEDICAL ADVISBRY
DEPARTMEHT OF CORRECTIONS WILL APPOINT
FROM
OF
SEVERAL
QUALIFIED
COMMITTEE COMPOSED
ON
THE
WHICH
WILL
REVIEW
OPERATIONS
MICHIGAN MEDICAL SCHOOLS
WILL EITHER APPROVE OR SUGGEST CHANGES
THE CORRNIITTEE
YEARLY BASIS

11

THE

IT

IN

12

RNEI

THE

13

PROCEDURES USED IN

THE

RESEARCH

CLINICAL

FOR
THE STATE OF MICHIGAN
THE UPJOHN COMPANY AGREES TO INDEMNIFY
INMATE
SUFFERING
INCURRED
VOLUNTEER
BY
EXPENDITURES
ANY ADDITIONAL

FROM

DRTG INCUTRED

ILLNESS

OR DISABILITY

THE UPJOHN COMPANY AGREES TO TONTINUE
PROJECTS WITH THE DEPARTMENT OF

TO

CLEAR ALL OF ITS RESEARCH
THEM
BEFORE INITIDTING

CORR

AT

THE

PRISON
CONRANY

LLLI

DSTE

REASONABLE STEPS

RESEARCH BY THE UPJOHN COMPANY
PERMIT PRISONERS TO O1URILEER

NOVEMBER

15

1963

BY
VICE

SEBREIBER
PRESIDENT

TNT

MICHIGAN

DEPARTMENT OF CORRECTIONS

JR
DY

DATE

DIRECTOR

CC
FT

OCT 14

FILED

1968

AM

STATES OF
COURT OF THE UNITED STATES
DSTRICT
MCFLIO

UNT3YIJ

THE DISTPICT
FOR THE

EAST

SMS

CALVIN

ALLEN

RICHAFLFL

FRANK ROGEXTS FILLY LEZ
WALTER LTE
WILLIAMS
BOYD STAGER
GEORGE
MILLS LE
WAUCER CLEMONT
DEDZAUX CIDZLL V1LDUNN

PI

I7ILLIA4

CLYXATTYU

HERI3ERT

WILLIM4S
RREFL ICITNAGEL
BZN17 SZLTS KENIWTIT INYAAN
IAYMOWD
BAILEY
DAVIS JERRY ICACK POWCFLLTON

RFLQ

ACTION

CIVIL

NO

3117Z

TORI

RALPH WATSON
STYVICXI
FHIL4AP

CHE5TFI

CGHEZ AND VERNON

PINTITFS

THXNAR

C0Z

DAVYS

MICHTGNN CORPORATION
TTIE UPJOHN CO
DELAWARE
CORPOR3TION

DVFCNDANTN
IF

ANSWERS OF PARKE DAVIS
COMPANY
RO TRRRESZNOAARONIRS

NOW COMES PA1E DAVE

AND

AN

PLAINTIFFS

INTRODUCTORY NOTS

MADE

UNLESS OTHERWISE

DAVI

CIINLC

MICHIGAN

LACATED

PARKE DVIN

LABOR

PA

AT

ININRTTCA

IRWI
EWNER VOIUATCER

TNTEZROCATORICS

PAN

ITH
FOR

OF ALL

NOTED NIL

MICHIGAN

ANSWON

AUSWER

COMPANY D0E5
OR

TIAC

TTHTT

OR

REK

SOCALKD

TO THE

NOT NDNAT THAT

WORKFOR

INNIATES

WORK IN

PATIKO DAVIS

RCGCARCH

TTV

CORPORATION

SAYS

THE STATE PRISON OF SOUTHERN MICHISNA

CON2P

PWLS

COMPANY

THE

CLINIC

PARL

FARKE

IAEON
INRAATN

IT

OR

PCRFCRM

MVK

JOB

PRRYJI

AIX

HSRCNRTOR CLINSC

OR HZVE BOEA

ASKR

TO THE

CHI

INTERFLFLGATORY

NO

OR NOT

STATE

CONTRACT

CXI

WITH REGARD TO YOUR

TIU

ON

INBOR IN THE STATE PRIOOU OF SOUTHCRN MICHIGAN

OF PRISON
C4

WRITTEN

ANSVYERTO NO

NO
INRRRRCGATORY NO

ST
SAID

COMPLETE AETAU

IN

THE

METHOD

OF

PA

FOR LABOR UTILIZCDBY

YOU

AT

PRI
STATE

THE CKSSTFLCATLOM

OR TYPE OF EACH JOB PERFONNOD BY THE PRISONORS

STATE THE RATE OF COMPENSATION FOR EACH SNEB JOB
STATE

TO

WHOZN ENCH RNCMCY

STATC

IN

VH

PAID

IS

FARM SUCH MOXWY IN PAID

DESCRIBE THE WORKIRWOLVED IN EACH JOB CLASSIFICATION

OR TYPE YOU

HTVE NNMED ABOVE

AMWT TO

NO

STPLTC

MICHIGAN WHICH INCLUDE AN

OF

BY THE PRISON

THE CLINIC

BY

THY

AS

STTE DCPARTMENL

CHIEF

RE1ATH

C1ASSIFIC

GORRECTIONN

125

CERKZ

75

CLERK
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NO

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MMNTCNANCE MANZ
PORTOR SND NURSE SUPERVUORR
13

SEE ANSWER

TO

SEE ANUWER

TO

SEC

TO

TO THE

IMNATES ASSIGNED

TO

AUTHORITIES

PRESENT CLFNTC
EHARSES

PAYMENTS BY CHECK

CCNNPANY MAKES

PARKE DWIS

ABOVE

6O
100

AND RELATED DAILY

CHIEF

PR

CLERKT

ND VOLUNTEER

AND CALL SLIPS

PAYROLL
DOUBLE CHECKS LABETH

CLERK

AND

RNES

1LEAD PORTCRZ

JANITOR

MAINTENANCE

MANTE

AND

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AND

PORTER

LNTY
STATE

COOKING AND OTHER KITCHEN DUUES

COOK

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DE

OF PRISON

REPAIRS

AM NNRZE

NO

THE DATE ON WHICH YEA FIRST

BC

TO

UTI1I

THE LABOR OF SAID

PRISONC

AM3WER TO ND
PRWON AUTNORAIE

MICHIGAN
AT

ASSIGNED

COMPANY REOEACCH PROJECTS NOMETTME

IN

INMATES

TO PARKE DAVIS

1934

ZWTRE CRY
TI

WHETHER OR

YOU HAVE SIMILAR

IN THE UNITED

INCAZCERNTION

WORK PROGRANIS

AT

ANY OTHER PLACE

OF

STATES

WHETHER OR

STATE

IN

NOT

YOU

UTILIZED

THE LABOR IN

ANY CCWXTRY OR PLACE OTHER THAN THE UNITED

ANSWER TO NO

PLACE OF INCARCERATION

STACS

4C

INTERROGATORYNO5
STATE

THE

NA

THE BEGINNING

OF

OF THE

STATE THE
STATE
BEEN

TID

FOR

EVERY PRISONER WHOSE LABOR HAN BAEN

TE

UTILI

BY YOU SINCE

PROGRARI

NUNTOR

OF

AN

CL INOIAY

NCH PRISOI

HOURS EVCRY CUCH PRISONER
EACH RUCH PRISONER

HAS

WORKED

BOS BEEN

PAD

OR

STRAC THO

NRIAANOR

OF

DURING WHICH SUCH

OF THBOR

IN THE

BSS TAKEN PLACT

STTC THE

NUMBER

TCTSL

WBO LABOR

EF

UTFLI

BCIN

IS

TIME

THE PRESENT

STETE THEIR

AND JOB

CTHSIFIC

ANSW TO TO
PARKE DAVIS

DOLTS NOT

193

WITH RESPECT TO THE RERLOD 1934

SSLT

TO THE CLINIC

13

STTECHR

OF VU2TT

PARKE

SP

FOR THE

TY IMNATOS

IZ

DWIS

64
TO

CON DO

NOT

TOT 1142

REQUAST

JA

TABUL

IS

OBJOCTC4D

PERFORMAN

THE

THC LNFORSNATI

IRDORNWUON

ELNCE

IO

ALL

BLOW

NUSRBER OF HOURS

C12

SEC
THE

TZI

PRE

12

NIVNT

IXI

ARE SS4NERI

TO THE

CLINIC

BY PRFRON

SEE RXZIUIE

INTRR
KT

SUDE

FL

HOW

ARE SELICTCD

TO

WHAT PAT DO YOU PLAY IN SELTCTTA

DO

13

TE

VS

THE

THE

SINA1

PHGT
IN

INAATE

YC

DIF

HAVC ANY FROEDOM
OF

TO THE

SELCCTILCN

CF

ELCCTIQN

OF

RENCE C71T

PROR 235T AU

IT

UVRL
THE

IN FTC

RTTSE

TO

WORK

PR

REG TO THE

PRO
PRO

TH

IN

IN

ICR ICXK

OF

THE

RNNATES

IMNATG

N2CXR

PRO

SEKCTICN

NN4

TCS

4HER

OF

PRI

IR

IRA

TAR

OTHOR PRA

EN

WHAT
IN

NNVTI

ARE APP

LIED

NGDNST

WHO REFURIEE

PRISONER

WORK

TO

PROGRAM

YONR

ANSVFR TO NO
CLASSIIIC

THE PRISON

UU
THE CORNNATTEE THAT

NONE

UP TO THE

STRICTLY

TO ALL

ALL

ASSIGAVATNTS

ASSIGNMENT

CLINIC

OF

CLINIC

TO THE CLINIC

IS

OATZETIONS

MADE BY

ARE

CANPANY

IS

PRESUMABLY

ISSL

THE PRISON

NOT QURILIFIED

IS

TO

CLASILHICATION

ANWZER

INMATES FOR REFUSAL

APPLIED

UP TO TBE PRISON

OTRIETLY

HAS REQUESTED

TO THE

TO REFUSE

PROCESS FOR

PARKE DAVIS

ANY
IS

GIVEN

BE

CLINIC

TO THE

OTHER ASSIGNMENTS FOR INMATES

SINCE

COMINITT

PARKE DAVIS

OCCASION

INSNATE

INMATES

COMA

SELECTION
TDENTICA

ON

SPECIFIC

ANY FREEDOM

COMMITTEE ASSIGNS

THIS

QUECTION

OF

ANSIGAWCN

IN

THE

COMMITTEE

INTTRTTOGATOIVF

T0

DO YEA KNOW OF ANY

OTHER DRUZ COMPANY WITH SHNIHR

PRO

UNITED

STATES
IF

CC WHAT METHOD

YOU KNOU

IN

ITS

NAME

OF

IS

FOLLOWED BY THAT DRUG

COMPANY

IF

PROGRAMS

THE DRUG

AND THE PLACE OR PLACES WHERE

COMPANY OR COMPANIES

OUCH PROGRAMS ARE

ON

AN3WRR RO NO
YES

PRESUN
LNERMRSTION

WITH

THE

TC
UPJ

THE NANIC
TO OTHCR

CO

IN

CON

FOLLOWCD BY THE UPJOLZA
IE

NOT KNOWN BY PARKE

SONTHCRN AICB1GNN PRISON

OTHERS URC

CO

NO

I2TZRRCCATC1Y
TINT

CAI

TO AIFLHCRLZO

NO

THIS

QACSTTAA

INRLANOGATCBPS

RELY CM AT

TH TXI

OF TBIO

LABOR

PRFRON

ST

CBJCCTE4

IS

DQ
9T

HNT TNCTNBERS OF THE
IN

YI

VAU

ICIILGNN

WE CI

YOUR

ANSVIRR TO

OWN ETOCK

OF

OF THE ST4TE

STATUTCA

YOUR

CF CORRECTIONS

FOR THE STSTO OF

MICHIGAN

CON

NAME THEN
IT

OF

STOCK FOR EACH

GIVE

THE RNNCWT

GIN

THE SANTE LNFORRNATION FOR

COWRCDTRSINCE

NY

PR

YOUR

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IN

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EFFECT

ANSWT TO NO
TIIIT

BE

IS

ZNTE1WE
ARE YOA

PROFIT

DO

MICHI

IN

RNAKIN

TO YOA
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FT

OR

MARKET DRUZS IN

INTER

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AT

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LOR YEAR 135T

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OF

SOUTHAN

EACH DSUGRA FOR PROFIT

DRU NV

STATE

INTCR

COXN2

XSTATE

ETLI

TO

IN

DO YOU NATKET

33

OBJ

NO

TO RND

PRI

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IN

TNTET

COMMERCE

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LO

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OF

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IS

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LA

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TO
THIS

ARE IHE

IN

AN
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NO

12

NRNOUNTS PATD TO OR FOR THE BENEFIT

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33

OBJECTED TO

QUESTION IN

TNTRTU
NOW

II

MTCBQ REFLECTED
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QUESTION

THO

SANE

QUESTION FOR YOUR CITY

FOR YOUR

AT

THE STNTE

FEDERAL INCCYNE TAX RETURN

ST

THE

TNCOMNE TNX RETURN
INCOSNE TAX RETURN

IF

RU

ONE

WITBH

ARE ANY AMOUNTS

FOR INCOME TAT PURPOSES

AT

ANY LEVEL

RNOUNTN WITHHELD FOR SODNI SECURITY BENEFITS

ARE

TO NO 12

AZISWER

AMOW4E REFERRED

RCSC

YEA

IN

OF THE PRISONERS

TO IN

UNWER TO

CXPCNTW IN FEDERAL INCOME

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TA

NO

ARE SHOWA

RETURN

ABOVE

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AS ABOVE

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NO
13

INTRTUROCATOFLY

WBO DETERMINES

OF HOURS AN INMATE WORKS FOR

NIZNBCR

THE

WAVE YOU EVER REJCCTED

INMATE

CON

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BY YOU FOR WORK IN

YOUR DLITILE

HAVE YOU

EVE

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THE

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FOR THE PRIOR

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TH

TO

ASS
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ECURO

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OR WVAIUING TO PERFORM THE DUTIES

MR

HIR3

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AFLE

FL

SR

MR FL1O
MR FOWKR
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DO YOU RELY IN DSNYIN

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YOUR

THAT THIS

IZ

THIS

IS

PROPCR

LA

CI

CTON

IN

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THIS

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NO
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COST

NOW

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COPLE OF
FOR

EITHER BY TATCTE

BU

PRW OWNER

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11 RLTCNR

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THE

RCT TVOI IS

IN

THE TTTLE

CDS
OF

OWNERS HOW WAS

FEOER HCO2

TREAWD BY 70Q OR

OCUMCTTS

WER AS

FROM

TRANDER OR

INTR
SIA

PURPOSUS
STATE

ANSWER TO NO 15
THT AVCL4TECT

AE

CT

COA

DANTA 73ROOLW

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APPRO4NI

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STATE OF MICTULZAFL
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XM

RLZON INZNATO

11

IC

YNA

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YOU KEEP TLXEN

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PRI3OFLCR TO

AS
UU

COXNPRNY

PARKE DAVIS

WOX1N

TO CLINIC

FOR

YEN

ARE WITHIN

THE

HE

AT

IS

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THERE CAY

TO
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IN
ARC

TWE NY CUNTA

AN

CCFLIOROA TORN

PRISON

YOUR BUILDING

TO 17

YES

ARC THE
TBE

CIVI1L

PN
ST

ERNPLOYOD BY YEAR COMPANY IN

YNCRTHC

THE

CI

JOB

CLA

UNIOA

THE

4TL

NGRECZRCFL

CC1KETTV
FRIR4

BENITS

LAC1ICI1M

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TO
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ON TH

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20

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OTATE WHETHER OR

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FOR TIW

TO THE RFORCONZD

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TIAJER

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BY YOUR

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TO THE LEGRIITY

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LAW
COPY OF ANY

1C

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IN

COAAECTIAN

WITH SATD QUESTION
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CORRCPON RC1ATIN

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THIS

CI

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DR

DR

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KNOWNTO HAVE

IU

NC

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TO THE

CLINIC

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IN PARKE DAVIS

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HAVE

NY

INN

TO XVERK THR

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FOR

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IN

PRT

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OF

COGNT OR DZNIAIS

OF YOUR

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20

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INVQ1V1

THE PAYMENT

TT NCCORDNNCEWITH THE

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OF THE

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OF

OF THE

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OR THE 6TATE

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TO

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IF

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27
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OBJECTED

OF

ZRONEY TO

EMP1OY

CI THE

NY

DEPAFLN

OF

ENY

YVE
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NENB

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OCCMSTONAFLY CONTRACTED WITH

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MILLER

NOR4NTY

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2500

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DUJFLQJ
LINT
BY OF

OF

12

CORETINS 1968
DCHARGES EPARTMN SEPTMBER 7345
TOTAL
STATE AS
THE

PERIODS 102 16 12 6
OF

30

589

12 6 124167

95190 46560 15130 3 090 51395 32530

1868

6295

4268

L2 2 49395 43960

3165 42 05

ON

STIL

916 6 7286 8176

1 267

AS IGN

16 7

STILONAG STILON

AS IGN

8246

1 56 12167 Z 167 72 6 71565 4296 1 2067 93065

STILONAG STILONAG STILONAG STILONAG

APROXIMATE ASIGNMET 4286 316 4 1368
AND

BAILEY CLEARY

CCO

DAVIS

MAN

HONAGEL

MAN

LNMAN KELTON LORD MACK

MCGHE

COOK

SIMS SPEL S

WIL AMS WIL AMS

CHIEF
TECHNIA TECHNIA TECHNIA
CHIEF TRAINED
HEAD
RUN ER CHIEF
COOK
C
L
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R
K
CLERK
TRAINED CHIEF MAINTE C CHIEF TRAINED TRAINE CHIEF
P
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T
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PORTER
T
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A
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ASIGNMET PORTER COOKTECHNIA TECHNIA CHIEF KITCHEN TRAINED TRAINED NURSE TECHNIA CLERK CHIEF MAINTE C PORTER TRAINED CHIEF KITCHEN CLERK TECHNIA COCK KITCHEN PORTER
NAME AL EN

RMNTMCT

AGREENEUT

THE METHOD OF CONSTTUCTIOFL
FOLLOWING AGREEMENT COVERS
RESEARCH DUILDING
CLINICAL
OF
OPERATION AND THE OWNERSHIP
AT JACKSOIT
OF SOUTHERN MICHIGAN
THE STATE PRISON

THE

THE
AT

OF AN ARCHI
THE SERVICES
COMPANY WILL RETAIN
CLINICAL
OF
THE CONSTRMCTION
CECT AND WILL CONTRACT FOR
AR THE STATE PRISON OF SOUTHERN MICHIGAN
RESEARCH BUILDING

THE

ARKEDAV

IS

COMPANY WILL PAY THE
THE PARKEDAVIS
THE BUILDING
NING AND CONSTRUCTING
THE

FOR
PLANS AND SPECIFICATIONS
BOTH
THE
MUST BE APPROVED BY

ING
AND THE
THE

PARKEDAVIS

FARKEFLAVIS

THE

ENTIRE

CLINICAL

DEPAR

OF

RESEARCH BUILD
OF CORRECTIONS

COMPANY

PURCHASE ELI NECESSARY
COXNPANY WILL
AND THE PORTABLE RESEARCH EQUIPMENT

FOR THE BUILDING
REMAIN THE PROPERTY

PLAN

OF THE

EQUIPMENT
WILL

COMPANY

OF
OF THE COMPLETED PROJECT BY THE DEPARTMENT
BECOME
AND FIXED EQUIPMENT SHALL
CORRECTIONS THE BUILDING
THE PROCEEDS OF ANY
THE PROPERTY OF THE STATE OF MICHIGAN
DAM
CONLENTS AGAINST
OR
ON THE BUILDING
INSURANCE PROTECTION
SUCH
INSURANCE
RESTORE THE FACILITY
AGE SHALL BE USED TO
COMPANY
SHALL BE PROVIDED BY THE PARKEFLAVIS
UPON ACCEPTANCE

EVENT OF ABANDONMENT
AND EQUIPMENT
ANY MATERIALS
BECOME THE PROPERTY OF THE
IN

THE

COMPLETED PROJECT
PARTIALLY
SHALL
SITE
CONSTRUCTION
DEPARTRN OF CORRECTIONS
OF
AT

THE

MAINTAIN
ADMINISTER
COMPANY WILL HEAT LIGHT
ITS
OIIN
AT
AND PROVIDE
NECESSARY SUPERVISION
TH BUILDIN
THE
BE
RESPONSI
WILL
EXPENSE HOWEVER CUSTODY AND SECURITY
CORRECTIONS
OF
OF THE
THG PARKEDAVIS

BULLY

DEPART

COMPANY WILL
COMPANY AND ONLY THE RARKEDAVIS
RESEARCH SO
FOR CLINICAL
HAVE THE RIGHT TO USE THE BUILDING
OR
RESEARCH IS CONDUCTED BY ANY ORGANIZATION
LONG AS CLINICAL
PRISON OF SOUTLWRFL MICHIGAN
CORPORATION AT THE STATE
THE

PARKEDAVIS

FOR THE CONDUCT OF
THE PARKEDAVIS
COMPANY WILL BE RESPONSIBLE
THEY
RESEARCH BUILDING
RESEARCH IN THE CLINICAL
THE CLINICAL
CORRECTI
OF
OF
THE
DAPARHASNT
WILL ABIDE BY THE POLICIES
STATES
THE
UNITED
AND
OF
THE
LAWS
FLICHIGAN
AND

4A

CDNTRACT

NB

REASONABLE STEPS
OF CORRECTIONS WILL TA1 ALL
DEPARTMENT
RESEARCH BY THE VARKE
THE CONDUCT OF CLINICAL
TO FACILITATE
WILL PERMIT
THE DEPARTMENT OF CORRECJOFLS
DAVIS
IN THE
SUBJECTS
AS
VOLUNTEER TO PARTICIPATE
PRISONERS TO

10

THE

CO

CLINICAL

11

12

RESEARCH

CO

MEDICAL
ADVISORY
WILL APPOINT
OF CORRECTIONS
TRAM
MATTERS
FACULTY
OF SEVERAL QUALIFIED
CCNIPOSED
THE OPERATIOFLSIFL
SCHOOLS WHICH WILL REVIEW
IJICHIGAN
EITHER
WILL
APPROVE OR SUGGEST
THC
YEARLY BASIS
RESEARCH
CLINICAL
USED IN THE
CHANGES IN THE PROCEDURES
THE STATE OF
CMPANY AGREES TO INDEMNIFY
THE FARKE4THVIS
RESULT
INCURRED AS
FOR ANY ADDITIONAL
MICHIGAN
ILLNESS
FROI
DRUG INCURRED
VOLUNTECR INMATE SUFFERING
OF
THE

DEPARTMENT

CORN

OR DISABILITY

13

OF
CONTINUE TO CLEAR ALL
COMPANY AGREES TO
CORRECTIONS
OF
PROJECTS WITH THE DEPARTMENT

THE

ARKED3AVIS

ITS

RESEARCH
INITIATING

BEFORE

THEM AT

THE

PRISON

PARKE DAVIS

COMPANY

7IOV
DATE

PRESI4SNT
MICRICAN

DEARRN1

71

DATE

DIRECTOR

48A

OF CORRECTIONS

II

TH

FOR

DISIRICT

EASTERN

O2

RTC

FRANK
WALCER
BILLY
LEE
PEYER GEORCE MTLLS
LEE BOYD SLACISII
LEE
WALKTHR CLEMONT DLDEAUX
CLEAYY
ORDELL VTLBURN WILLIAM

SIMS

ROC
TTERBERT

MICHSIQAFL

DIVISION

SOUTHCRI

CALVTN

COTJRC

DISTRT22

STATWS

TJNI2D

WILLIAMS

FFLED

UOINA

IKFNNBTTT
INMAN
RFNNV SPELLS
ORCEAN DAVIS
RAYMOND
BAILEY
MACH BOYD KELTON THOMAS
LORD RALPH WATSON OFLESTER
KTCCHBE VERNON
SAWTCKT PHILLIF
AND RALPH
WARNER
MEVIS

UMBE

CIVIL

CASE

JUDCE

FREEMAN

31172

MOTION FOR SUMTJJRV
JUDGMENT BY PLAINTF
PURSUANT TO RULE 55
OF THE EDEBATA RULES
OF CTVL PROCEDURE

PLAINTIFF

VS
II

PARKE DAVIS
CORPORATIONS
DELAWARE

CO
AND THE

MICHIGAN
UPJOHN

CORROM

CO

DOFENOANRS

PLAINTIFFS
THRCUQH COUNSEL RESMACT2U MOVE TL2 COURT
PROCEDURE
RULU OF CIVIL
PURSUANT LA RULE SS OF THE PODERAL
ARNCNC
COMOLAI
III
OF
PAINTIFFS
TO ENTER JUDGMENT UNDER COUNT
OF
PLAINLIFH
AND
IN
FAVOR
DEFENDANTS
ONLY
AGAINST
AS TO LIABILITY
HACHED
ANSWERS
ON THE GROUNDS THAT IT APPEARS FTAM DEFERIDFLBS
TAT DEFENDANTS ANSWERS TO INTCRROGATOE5
HERETO AS RMTBIT
OF CALVIN
AND THE AFFIDAVIT
ATLACHED HERETO AS ETHIBIT
THERE
IS
NO GENULNE
THAT
EXHIBIB
SIMS
ABTACHED HERETO AS
ENTITLED
FLAINTIFFS
ARC
AND
THAT
MATERIAL
FACT
ISSUE AS TO AN
OF
PLAINTIFFS
ITT
AS
MATBER OF LAW TO JUDGMENT UNDER COUNT
OR
AS TO LIABILITY
COMPLAINT
COUNSEL

THE CONCURRENCE OF OPPOSING
HAS BEAN CTHNICJ CEBOBER 24 1969
PLAINTIFFS
TORIES 01 WRITTEN
THE DATE HE

HEREBY REQUEST
ADTJUSIONS
GIC

GT

LEVSON DEAN
DEAN SECAR

DER2ND

IV

T30N

DTHNBEANSEOAR

TOR
14

IJ

TO

INUUNRORL

4V03

DATHD

SOUGHT

THAT ANY ANSWERS TO INLE
SUBSEQUENT

NC RTA

YLINRTUC

THE RELIEF

FLDUE

LB

HA2TRC

IN

LER

RN

LAINTF

KARTPC

FILED

OCT

UNITED
FOR

THE

30

DISI

STATE5

EASTERN

1969

COIIR2

MICH

LISTRICT

SONTHERN

II

II

CALVIN

OTRS

LEE
LEE

SIMS

RTCHARE

FRXN7
ALLEN
ARULTLIISVALTJR
ETER
MILLS

BOYD STACILR
WALKEM CLEMONT
VILBURN
WILLIAM
NTLTVVMS FRED

DEDEAEIX

CLEARY

CASE NUMBBR

21172

TCOLNAGEL

BENNY SPELLS
XENNET INIAAN
RAYMOND
BATTJ2Y
ORCEAN DAVIS
JERRY MACK BOYD KENTON TMAS
LCR0 RALPE WATSON CHESPIR
PHITLIP
SANICET
MCCUEE VTRNON
NEVIS
RALTH
WARNER

JUDGE

FREEMAN

AFETDAVTC
IN
SUOPORT OF
FLAINTYIPFS
MOTION FOR
STE4MLARY

JUDCERT

P1

XS
ARE

CO

DAVTS

CNORA
DELAWARE

AND THE

MICHTHGAN

UPJONN

COROORAT ON

CO

DEFENDANTS

STATE
COUNTY

OF MICETOAN
OF

GENV

II

STS

CALVIN
SAYS AS FOLLOWS

PER
AFFIANB

BEING

FIRST

THIS

AFFIDAVIT
IS MACAC
AFFIANT
OF THE
CORMOETENE TO TESTIFY
TO THE

KNOW DOS
IS

DULY SWORN DEPOSES

URO

THE

BASIS

OF

FOILOWIIIQ
MATTERS

AND

HE
3R0

TATCE

NERC

ATFIART
ONE OF TI
NAMED PJAINTIFFS
NEREIN
AND HA WORKED IN THE DRUG CLINIC
IUITHING
CONSUCTED BY
PARKE DAVIS
CO AT THE STATA PRISON OF SOUTHERN MHICAN
FURTHER HE IS FAMILIAR
WITH THE RENAMING NAMED PLAINTI
AND OTHER INMATES OF SAID RICISON WHO WORKCD
THE SAID CLINIC
AS WELL AS IN THE CLINIC
CONSTRUCTED BY THE UPJOHN COMPANY
THE HOURS WHICH HE WORKCD WERE
COMOARABLO TO
THOSE WHICH WOULD HO WORKECI BY
ANYONE ON
REGULAR CIVILIAN
JOO
AND IN FACT SOME TIMES
TE2 WORKCA SEVEN
DEAVS
THE
WEEK
TIME UNKED EACH JAY
FROM
HOURS ON TO SAXTUON 15

VAR

RN7

MAJ PC
TFLTUR
ILJNV

MJD2I

Z22424

CCRIOD

NO

OT

CIVILIAN

ANCL

OTHERS WCRXER
FIHE
CRUO

CWLOB OF

O1REO

CON

UNDER

THE

SUNERV

AENO IN

DM105

THE

LU

THE WORK WHICH

EXA

INCLUDE

O1 LC4IN

FLH

BLOOD SARM1E
CONTRIFUGE
TO

EOE

DRATIING

ACCURAWLY
AND

CAKING
FL

TYP

WJBEL

RR

TE
ANNIYTV

TAKING TR
THOSE PERSONS
ARNINISTCRING

WAS

RIRUINC THEM THROUAH
OLASMA JRORI RED CR2IS
ROR

URINE

VIALS

SAMPLES

AND BLOOD PRESSURE
RA USED IN DRUC TESTS

CC

MOARDIOGRAMS AND

OF

IMUORTANT

OF

ELCCTROENCORH
KEEROING

RECORDS

BODILY

FUNCTIONS

HE AND OTHERS WORKING AT THE CLINICS
DID SO
BECAUSE THEY WANC ORDERED TO DO SO BY RENRESCNTATIVES
OF THE
DEPARTMENT OF CORRECTIONS
JU
BE ORDERED TO
THEY WOUJ
ZN ANY OTTER TISOFL
ANCA
RERUSAL TO WORK AS
IRIDUSTOY
WOULD HAVE RESULTED IN NENALTIES
DIRECTLY
ISO
THEM AND SUCH
COERCION AND THREAT WAS UNDER THE
CLREUMSTANCES CLEARLY
AMPLIED IF NOT EXPRESSLY STATED

ARE

ES

OF

THE

DRAGS TESTED

SAID

IN

CLINICS

DILANTIN
HJORCGQYCETJN
PANS WI

SENADR
ALBUSNCIN
ZXMBCCHYL

CALVIAR4S

SUBSCRIBED

1969

AN

E04

ILINT

3CTH

DAY OF CATCHER

CONESEE COUNTY
MY CONMISS IE

LAWO7R

DEAN

AND SWORN TO BEFORE ME THIS

5C
PC

EHI

J42V

DZRI

IRTSO

II

CYAN

RES
1971

FILED

NOV

UNITED

1969

STATES

EAST1

LII

COURT

OF MICHIGAN
DIVISION

SOUTHERN

CALVIN

DISTRICT

ET AL

SIMS

VS

NO

CASE

31172

PARKE DAVIS AND COMPANY
AND THE UPJOHN COMPANY

MOTION
ACTION

SHALL

NOT BE MAINTAINED

AS

CLASS

NOW COMES DEFENDANT

DYKEMA WHEAT

ATTORNEYS
RESPECTFULLY

MOVES THAT

ACTION

NOT BE

SHALL

THIS

FED

CIV

SPENCER

IS

BY

ABOVE MOTION

THE

BE

MAINTAINED

THIS

AS

DAY SERVED

CLASS ACTION
CLASS

ROBERT

CL
BRIEF

ATTACHED

SPENCER

PLAINTIFFS

WITH

MAIL

SEGAR

804PETROITSTREET
FLINT

CC

23

COONOW

TRIOG

COMPANY

THAT ONE COPY

HEREBY CERTIFY

ORDER THAT

BY FIRST

TO RULE

OF SERVICE

CARROLL

FOR

ACTION

AR011
TIMOTHY
FOR
THE UPJOHN
ATTORNEYS
2700 PENOBSCOT BUILDING

CBRTTFTCATE

OF

ORDER THAT PLAINTIFFS

SUPPORTED BY THO

II

AND

TTIGQ

ITS

CLASS

AS

DYKEMA

TIMOTHY

GOODNOW

MADE PNRSTTHNT

PROCEDURE AND

COMPANY BY ITS

UPJOHN

COURT ENTER

THE

IS

ACTION

THE

MAINTAINED

MOTION

PLAINTIFFS

FOR ORDER THAT

ACTION

SUPPORTING

SHALL

NOT

WAS

BRIEF

UPON

RN

ESQ

MICHIGAR
KXRRRI4
CARROLL

FLMOTTY
SUBSCRIBED

ME

THIS

DAY

1969

OF

6NV
NOTARY

AND SWORN TO BEFORE

PUBLIC

TVTTC

WAYNE COUNTY

MICH

MY CORN

EXP

7…

94

‰T

FILED

NOV

UNITED

1969

STATES

EASTERN

DISTRICT

DISTRTCT

COURT

OF MICHTAN

LII

SOUTHERN DIVISION
CALVIN

ET AL

STHS

VS

CASE

NO

31172

PARKE DAVIS AND COMPANY
AND THE UPJOHN COMANY

MOTIOIQ

TO DISIATSS

TI

COUR1X

OF COMPLAINT

NOW CONES

ATTORNEYS DYKEMA

WHEAT

RESPECTFULLY

MOVES THAT

BE DISMISSED

IN

CLAIM

ITS

UPON WHICH
THIS

CIV

DEFONDANT THE UPJOHN COMPANY BY

COUNT TI

CAN

NOTION

IS

IS

COUNT TI

AND

TRIGG

PLAINTIFFS

OF

AS

ENTIRETY

RELIEF

PROCEDURE AND

GOEDNOW

SPENCER

COMPLAINT

FAILS

TO

STATE

BE GRANTED
MADE PURSUANT

TO RULE

BY THE ATTACHOD

SUPPORTED

DYKEMA WHEAT

12

CERTIFICATE

OF THE
BE

ABOVE MOTION

MAINTAINED

THIS

DAY

AS

SPZC

SERVED

FOR ORDER THAT

CLASS

HEREBY CERTIFY

PLAINTIFFS

WITH

ACTION

BY FIRST

TRIGO

COMPANY

SERVICE

CARROLL

CLASS

1ED

MEMORANDUM

OOBTL
TIMOTHY
ATTORNEYS FOR THE UPJOHN
2700 PENOBSOOT FLUILDING

TIMOTHY

ITS

MAIL

THAT ONE COPY

ACTION

SUPPORTING

BRIEF

SHALL

NOT

WAS

TIPON

ROBERT
SEGAR ESQ
804
DETROIT STREET

FLINT

MICHIGAN

A4
CARROLL

TIMOTHY
AND SWORN TO BEORE
SUBSCRIBCD

OF

JRVFATTCT

1969

IWIL
NOTARY PUBLIC
MY

COMMISSION

WAYNE COUNTY

EXPIRES

MICHIGAN

KATC

5TH

TO

THIS

STATES DISTHICT
COURT
IFLCHIGAU
FOR THE EA2ERII
DISTRICT
OF
OUMMT DIVISXCU

CAVIN

UOCE
LEE

SIMS

LEE

BILLY

WALRR

VIL3U3N
HERBERT WILLIFL43

CZ0R0 MILLS

PETEII

DEDEAUX

WILLLQ

FP

SPZLLS

BETIR

GLEAFLLY

HOLRAGEL
ETHAU EAYWOIID

ORCEAU DAVIS
THO4AS
BOYD ICELTON

BAILEY

WATSON

FPAFL

WATTS

WFLL1A2T5

CL

BOYD SLASER

LEE

ALLEN

RICUAFCD

JE

SA

CTLESTER

MCCBE AND VERNON

TOP

MACK

RALPH
PHILLIP

MEVIS

PLAINTIFFS

VA
EARRE DAVIS

CIVIL

31172

MICB

COIIPATTY

UPJOHN

CORPORATION
DELAWARE CORPORATION
AIRS

ACTION

COMPANY

DEFENDANTS

PAM

A1QS1

OF
TO ADDTTIORIAL

NOWCOMES

PAR

AND ANSWERING

PLAINTIFFS

TNTETFLCATORY

ITO

AT THE

OF THIS

TRIAL

ANSWER TO

THE

BEEN

INTEIWOGTORV

NO

STALE
IN

THE

THE

STBJECT

PRECEDING

INT

COT2ANY

OF EVERY

WITNESS

MICHIGAN

WHO YOU

CORPORATION
SAYS

RELY ON

CAUSE

UO

WITNC

HAVE NOT YTT

DAVIS

ADDITIONAL

THE NAME AND ADDRESS

LIST

DAVIS
COMANY
INTERROGATORIZS

DAVIS

MAY CALL

AT TH2

TESTIMONY

OF EACH

ITNESS

WHOA PARKE

TRIAL

DETERMINED

MATTER

QUCSTION

OF THE

XAMED

ANSWER TO STO
THE
WITNESSES

TH

LAICWLEDGE

NOT HE

WILL

NANE
AT

MATTER

OF THE PROPOSED TCSTTHCNY

MOWN UNTIL

THEIR

IS

IDENTITY

OF TRIAL

ESTABLISHED

NO

INTHTROGATOAY
LIST

SUBJECT

AND ADDRESS

OF CACH OF YOUR

THE ICORKINGS

AND PROCEDURES

WHO HAVE

OF YOUR PRISON

CLINIC

7O

A3YTSWER

TO

PARKA

FLAVIS

COMPANY DOES NOT

1A

ALL

THOSE WHO

MAY HAVE SOME KNOWLEDGE OF THE WORKTHGS AND PROCEDURES OF THEIR
CLINIC

AT JACKSON

PROBABLY
WITH

THE

BUT

KNSWZ

AT

TO

BCST ACQUAINTED

PRISON

CLINIC

COMPANY DOES NOT KNOTI ALL
OF THE

ORIGTNAL

CLINIC

ON BEHALF

OF PARKE

LOYND

610

NEFF

ERISON

OF OPERATION

DAVIS

THOSE WHO

NEGOTIATIONS

AT JACKSON

THE COTNENCENONT

HARRY

TO THE ESTABLISH

THE PRISON

OF THEIR

AGREEMENT PRECEDING

LEADING

NO

KAOWLEDGS

THE ESTABLIDMIENT

PRESIDENT

THE

WOOD IS

OF EACH OF YOUR EMPLOYEES WHO HAVE
NEGOTIATIONS

PARKE DAVIS

EXECUTED

WHO IS

GEORGE

NO

WENT OF YOUR CLINIC

VFLS

EMPLOYEE

OF

LOOWLEDGA OF THE ORIGINAL

SORB

NR

AND

THE NAME AND ADDRESS

MAY HAVE

AT PRESENT

PARKE DAVIS

THE WORKINGS

INTERROGATORY
LIST

ONE

PRISON

LEADING
BUT

OF THE

CONPENY BY ITS

ROAD CROSSE OINTE

TO

THE
CIMNIC
THEN
NOW

RETIRED
INTEWIOCATORY
LIST

TH

RIME

WHO YOU HAVE

NO
AND

ADDRESS

OF ANY PERSON OTHER THAI

TO IN

FTVO HAS SUCH KNOULEDGE

REASON

YOUR

ER

YO

ANSWER TO

CCRN

PARKE DAVIS
HAVE

ESTABLISHWENT
PRECEDING
EXECUTED
ITS

OF THE ORIGINAL

SOME KNOWLEDG2

THE

OF

DIRECTOR

THIERROCATOTTY

OF OPERATION

COMENCECNANT
OF THE

ON BEHALF

MR

T4CHIGAN

PRISON
OF THE

LEADING
BUT

THE

TO

THE

AGREO

CLIN
CORRECTIONS

DEPARTMENT

AY

BY

GUS HARRISON

NO

THE NAME AND ADDRESS

STATE

NEGOTIATIONS

AT JACKSON

CLINIC

THEIR

THOSE 7HO

DOES NOT KNOW ALL

OF THE

PERSON IN

CHARGE OF PERSONNEL

FOR YOUR COMPANY

70

AFLSWER

NO
DIRECTOR

MATHENS
1563

EDMONTON CROSSE POINZE

INTE
QHAT

IS

PRISON

OF PERSONNEL

MICHIGAN

NO

THE PAY SCALE

FRINGE

BENEFITS

THE OVERTIME

WHAT IS

THE

AFLSWER

THIS

BY YOU OUTSIDE

AVAILABLE

RATE

MC

TO SUCH EMPLOYEES

OF PAY FOR SUCH EMPLOYCES
FOR SUCH

STANDARD
OF ANY

APLOYEES

UNION

20

QUESTION

THE

DRUG TESTING

WHAT IS

ARE THEY

ER

FOR CIVILIANS

VHO ARE ENGAGED IN

STATE ALL

RELATIONS

IS

OBJECTED

TO

PAMCE DAVIS

CO7TPANY

XJOHN

BRADSBS

ASSISTANT

SECRETARY

STATE

OF 2TCHIGAN

35

COUNTY OF WAYNE

JOHN

BRADSHA7

BEING

FIRST

DULY SWORN ON

OA

DEPOSES AND SAYS AS FOLLOWS
THAT

PARKE DAVIS

HE IS ASSISTANT

COMPANY
THAT

INTERROGATORES

MICHIGAN

HE HAS READ

BY DEFENDANT

THE

PARKE

SECRETAQ

OF DCFENDANT

CORPORATION
FOREGOING
DAVIS

ANSWERS ARE

TRUE AND CORRECT TO THE BEST

INFORMATION

AND

AND

ANSWERS TO

IN

CCRNRANY AND SUCH
AT HIS

CR
JOHN
ASSISTANT

SUBSCRIBED
THIS

TTT

AND SWORN TO BEFORE
DAY OF

1969

RA

COUNTY

NOTARYUBLIC
MY COMMISSION

ME

EXNIIES

MICHIGAN

70

BRADSBAV
SECRETARY

JAN

FILED

UNITED
FOR THE

21

1970

COURP

STHTES

OF MICHIGAN

DISTRICT

EASTERN

DIVISION

SOUTHERN

FRANK
STMS RICHARD ALLEN
LEE WIELTAMS
WALTER
ROGERS BILLY
LEE BOYD SLAGEE PETER GEORGE MILLS
LEE
WALKER CLEMENT DEDTAUX
WILLIAM
CLEARY
OFLDBLL VILBURN
HERBERT W1LLTAMS FRED HOLNAGELI
KENNETH INMAN
BENNY SPELLS
ORCEAN DAVIS
RAYMOND
BAILEY
JERRY MACK BOYD KELTON THOMAS
LORD RALPH WATSON CHESTER
PHILLIF
MOGHEE VERNON
SAWICKI
RALPH
WARNER
MEVIS
CALVIN

CASE NUMBER
JUDGE

A1

3117

FREEMAN
COMPLAINT

PLAINTIFFS

VS
CO

MICHZGAN
PARKE DAVIS
CORPORATION AND THE UPJOHN
DELAWARE COROORATION ELEANOR HUPZBL
BROOKS
WADSWORTH ERNEST
JAMES
RICE
JOHN
FABLE
MAX ETBER
WATERS FLORENCE CRANE JOSEPH
DUANE
ROBERT COTTON AND
GROSS
GUS

CO

HARRISON
DEFCZVLFLU5

PLAINTIFFS

COMPLAINT

OF DEFENDANTS

AS

FOLLOWS

COUNT
JURISDICTTOFL

TITLE9

UNITED

2166

GROUNDED

UPON

STATES CODE ANNOTAUCD
16B OF THE FAIR LABOR

SEC

OF THIS

SEA

COURT IS

STATES CODE ANNO BATED
2S UNITED
COURT
THE DISAICT
1337
SEC
GIVING
ACTION
OF ANY CIVIL
ORIGINAL
JURISDICTION
OF
UNDER
CT
ANY
OR NROCEOD NGS R15IFL9
WITHOUT REATRA
COMMERCE
CONGRESS REGULATING
OR AMOUNT IN
OF THE PARTIES
TO CITIZENSHIP
TITLE

WOF

CONTROVERSY

LEITSON

ECAR

DEAN
HART

WOE NCRAO

FLINT

MICA

PC

TITLE

28

UNITED

STATES

CODE ANNOTATED

SEC

1343

TITLE

42

UNITED

STATES

CODE ANNOTATCD

SEC

1933

FOURTEENTH

T7

AMENDMENT

TO

THE

AMENDMENT

TO

THE UNITED

CON LUTION

STATES

CONSTITUTION

II

ACTION

THIS
TO

SEC

USCA

FAIR

THE

15

201219

SEC

IS

PRISON

FOR

FORMED BY AND PURSUANT

PUBLIC

OF

ACTS

GENERAL

DEPARTMENT

OF

CORRECTIONS

OR HAVE BEEN

JACKSON

FTEZ

SET

INMATES

MICHIGAN

OF

AN

THE

WHO HAVE

FORTH ON THE

PART

STATE
THE
OF

TH

DRUG

BOTH DEFENDAFLR
AND IN
IS

CORRECTIONS
OF THE

232

SUPERVISING

PENAL

INSTITUTIONS
THE

BEEN MEMBERS OF SAID

PLAINTIFFS

RELEVANT

PRISON

SAME

HE

PARTICULAR

IN

THE DIRECTOR

IS

CO

DAVIS

ACT WITH

SAID

OF

ARE NUMEROUS OTHER PEOPLE

THERE

DAN

OF

NUMBER

AND INDUSTRIES

AT TIMES

HARRISON

TIMES

OF MICHIGAN

ADMINISTRATION

NAMED ATE OR HAVE

DEFENDANT

LAWOFSIC

THE

ALL

ENGAGED

TO ACT

CHARGED BY

LABOR

AND PRISON
MEMBERS

ACTION

AND IS

AND MANAGING

INDIVIDUAL

OF

FLINT

1953

AT

PARKE

DEPARTMENT

CORPORATION

IN

ZC

DEFENDANT

STATE

DELAWARE

STATE

COMMERCE

THE

COMPANY IS

THE

THROUGHOUT

OF

ENGAGED IN

SIMILARLY

PROFIT

INMATES

PROFIT

PRIVATE

UPJOHN

DAMAGES

LIQUIDATED

DEFENDANT

INTERSTATE

CONTROLLING

HART

PRIVATE

BUSINESS

ARE DOING

DEAN

THE

AND DEFENDANT

CORPORALION

FOR

CORPORATION

MICHIGAN

INOUSURY

CAUSE OF ACTION

THIS

RELEVANT

AMOUNTS

ON SAID

MICHIGAN

AT JACKSON

SOUTHERN MICHIGAN

OF

UNPAID

INTEREST

HAVE BEEN

OR

29

OF 1933

FEE

ATTORNEYS

ARE

PLAINTIFFS

ACT

FROM FLEFENDANT

AMOUNT AS

PURSUANT

COUNT

PART

COMPENSATION

RCASONABE

COURT COSTS AND

IN

STANDARDS

TO RECOVER

DUE AN EQUAL ADDITIONAL

SINCE

IS

LABOR

WAGES AND OVERTIME

MINIMUM

BROUGHT

OF

CSU

SAID

CAUSE

DEPARTMENT

WHO EITHER

ARE

SOUTHERN MICH
OF

ACTION

NAMED PLAINTIFFS

AS

GASI

AT

HEREIN

AND THE

ON

ICIVIL
IT

AD

QTGELY

CC

UPJOTFL

PROFIT

RAKING

SAID

IN

ACTIVITIES

THROUGHOUT

INTASTATE

IN

THE
THE

WELL

FOR SOLD
COMMERCE

INTERSTATE

DEFENDANTS

COMMERCE WITHIN

THE MEANING

OF

USCA

29

2Q3

IN

WITH

CONJUNCTION

UPJOHN

THEREIN

CO

AT

UP

LE
LAAV

THE

RRRAO
MLC 4SZO

OTHE

AND

REPRESCNTTIVC

PARKE

SAID

UUVTA LAS

PAID

IS

CI

WORK CARRIED
EXACTLY

PERSONAE

BY THE

EMPLOYEES

RESPECTIVE

THE

CO

PARKE

DAVL5

THE

IN

ANA

SOLE DIRECTION

WORK ON

THE UPJBHN
REGULAR

ER

BASIS

WEEK

NAMED PLAINTIZES

PRIVATE

CAPACITIC2S

COLFIPCKRAJ

CORPOT

LE

OF

THE WORK

CO2S AND

HOURS

CO

AND

BE RCCU1YCC
SAME WERK THAT WOULD

THE

WOR

BY

112

BLAINR

DEPSRTTFLQ

THE MICHIGAN

DAVIS

SEC

AND THE UPJOHN

ON UNDER

ONE HUNDRED TWELVE

AS MUCH

NFLNPRLSON

OF

CARRIED

IS

O1FICZS

OSAN

CO

INCLUDING

RESEARCH CLINICS

AFORESAID

OF DERENDANTS

THE

OSAN SEGA
HART PC

FLINT

TO

DAVIS

REPRESENTATIVES

INMATES

BY SAID

AND SUPERVISION

COS

PRISON

TO HE EMPLOYED BY DEFENDANTS

CORRECTIONS
THE

PARKE

BY DEFENDANTS

WERE PICKED

SAID

OF

INMATES

CERTAIN

ENGAGEC

ARE ENTERPRISES

STATES

UNILED

THE

CLINICS

INCLUDE

PRODUCED

BEING
IN

PRIVATE

ON THE MARKET

PRESENTLY

DELIVERED

AND

SHIPPED

TRANSPORTED

THE

COERATIOFI

IN

OTHC THINGS

AMONG

DRUGS CURRENTLY

OF

TESTING

THE

CLINICS

FOR

AND SAID

CORPORATIONS

ARE CURRENTLY

OF DRUGS NET

TESTING

CLINICAL

OF SAID
AND

COATINFLO

HAVE BEEN

AS

PURPOACS

AND

OF SOUTHERN

CLINICS

RESEARCH

CO

ONVIS

PARKE

PYISOFL

STATE

THE

PHE NARTED

CLASS

SAID

MICHIGAN

WHOSE RUR4HCY RAKE

PLAINTIFFS

NAMED DEFENDANTS

THE

ERECTED WITHIN

AT JACKSON

MICHIGAN

AS

JOIN

RU‰T

THE

OF

SUCH PEOPLE

REPRESENT

TN 1962
THE

CC ALL

TO HAVE THEA

IBIPRACTLMLI

PLAIFLB14S

HCH

23

TO RULE

NURSUANT

BREUCHT

IS

ACTION

THIS

SUCH UNNAMED PEOPLE

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1522C1

DEFENDANTS

THE
TO CJKC2

07

WA

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II

125

25100

IIL

AMONG THE
ARE

IN

IN

TECHNICIAN

TRAINED

CLASSIFIED

ALL

COCK

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ALL
OF

KILCHERT

ASSISTANT

OF

ACCOMPLISHED

APPLICABLE

TEDERAL

10

FAIR
201

CO

BY CIVILIAN

COMPLAINED

AND THE

IN

SAID

THE

FACT

OR

THE

PRISON

LABOR

UNITED

STALES

FOR PRIVATE
REGULATING

INCH

CRRZZR

CO
AS

TO BE

29

STAKE

SEC

ACTIONS
ANN

BY THE AGREERENT

PLAINTIFFS

FURTHER

AND THE

SAID

EVADE

AVOID

REGARDING

THE

TO

MICHIGAN

THE MINIMUM

THE

THE MNTIMUM

ACTS AND

OF

DEFENDANTS

OF

OF

BOTH CORNORATE AND INDIVIDUAL

IATILIZ

PROFIT

THE

WOULD

USCA

PAID

OF THE

LAWS

OF

MICHIGAN

WAGE TO BE PAID

ARE ENTITLED
BETWEEN

AND

OF DEFENDANTS

THE MEANING

AMENDEI

LAW AN ATTEMPT

IN

TO THE

ACCORDANCE WITH

IN

PAID

WITHIN

ALL

DEFENDANTS

11
DIFFERENCE

INMATES

SAID

BY

WERE ACCOMPLISHED

ILLEGAL

LAWS OF THE

VIOLATE

ACT

OF ALL

TO THE BENEFIT

CONSTITUTED

RROI7

1938

OF

ACT

PLAINTIFFS

OF ALL

NAMED HEREIN

FLINT

NAN

CORPORATIONS

WERE AND ARE EMPLOYEES

AND THE UPJOHN

FOR IN

OF BY

COOPERATION

THE

PAN

INURES

PRIVATE

HELP

SEQ AND WERE AND ATE ENTITLED

WAGES PROVIDED

BEAN
OBAN SEGAB
HART PC

AND

POT

SUPERVISOR

LAWS

STATE

AND

STANDARDS

LABOR

INURED

KITCHEN

ACCORA

PLAINTIFFS

DAVIS

ET

NURSE

CLERKS

DEFENDANT

OF

NOT

TIFF

HAVE TO BE

PARKE

TRAINEES

TECHNICIAN

BY PLAINTIFFS

ACTIVITY

THE

STOCKHOLDERS

THE

WORK WHICH

INVOLVES

CLERK

OBJET

THE INMATES

OF

AROAS

AREAS

CLINIC

EACH CLASSIFICATION

IN

CLASSIFIED

ALL

THQ

POWER HEAT AND WATOR

CLAS

TECHN

ANC

MAN HEAD PORTER

MAINTENANCE

BENEFIT

SUCH AS

JOB

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FOLLOWING

THE

TO ONE DOLLAR

OTHER COSTS OF RUNNING

AND ALL

DOFONDANTS

BY SAID

ARE PAID

DA

PCR

035

CENTS

WORKER RANGE FRAN THITTYFIVO

TO

AMOUNTS RECEIVED

RECOVER
BY

FOR

FROM

LABOR
ACTIONS
AND
MSE

OR

AND

THE

LABOR

DO ENNANTS

EACH PLAINTIFF

II

AND THE MINIMUM
TBA

PENSATION

DUE

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IFLAY

AS WELL

INTEREST

DUE ON SAID

12

NUMBER OT HOURS AND THE

THE

TO

THEY KEEP

WHICH

RECORDS

THROUGH THE

ACTUALLY

KNOWLEDGE OF THE

THE

WITHIN

IS

EACH PLAINTIFT

AMOUNT OF OVERTIME

THE AMOUNTS

AS

FOE

DUE

THEY WERE

BACK WAGES SINCE

WELL

AS

WORKED BY EACH PLAINTIFF

AUTORREYS

REASONABLE

AND
DAMAGES COURTS COSTS

CORN

AMOUNT AS

ADDITIONAL

EQUAL

LIQUIDATED
AS

NRR

11

IQ

BY

WAGE GUARAFLT30C

PAID

DEFENDANTS

PLAINTIFFS

REGARDING

EMPLOYMENT

IN

THE

PLAINTIFFS
AS

INCORPORATE

PUBLIC

IT

REFER

TO AND

EMPLOYMENT
IS

AFORESAID

TH

OF

ACTS OF 1964

STATE

THE MINIMUM

WAGE LAW OF 1964

LAWS OF THE

STATE

OF

STANDARDS

ACT

EMPLOYERS

HEREIN

II

IAVJOFLC

LEFT

DCAN SEGAR
HARV
ULVRQI

FLINT

S7FL

MCH

4S

TION

IS

RC
TAC

BASED
OF

THCI

MINAMUM

BEING

ALLEGATIONS

HEREOF

OF COUNT

BY DEFENDANTS

ACT NUMBER

OF

HEREBY

OF

154

AS

THE

COMMONLY KNOWN AS

MICHIGAN

SEC 40S381

THE COMNILED

OF

MICHIGAN

AS

THEN

THE

IN

PART

COURT

DCTERM4

THAT

AMENDED DOES NOT APPLY

1938

WOULD APPLY

MTCHIAN

12

OF

THE

HEREIN

OF PLAINTIFFS

VIOLATION

IN

SHOULD THIS
IT

INTERE

PLUS

BY SUCH REFERENCE

REPEATED

THROUGH TWELVE

THE
ALLEGED

COUI41

THOUGH EXPRESSLY
ONE

OF PARAGRAPHS

DOLLARS

FEE

COSTS AND ATTORNEYS

II

LQOOODOOO

AMOUNT OF ONE MILLION

DEFENDANTS

JUDGMENT AGAINST

SEEK

WEERPFORE PLAINTIFFS

MINIMUM

SET

OUT IN

UPON

IFFCRCFLCE

SEC

BETWEEN

WAGE PROVICED

WAGE LAW OF

SEC
13

OF

14

THE FAIR

TO DEFENDANT

THE

STATE

THEREOF

SAID

ACT

NIN

ARID

OT

TINS

AND SEEKS

THE AMOUNTS RAID

BY SAID

LABOR

TO PLAINTIFFS

WAGE LAW AND FOR

II

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AN

INTEREST

THE

WHERRT
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ITT

PLAINTIFFS

REFER

TO

AS THOUGH

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REPEATED

12

OF

THE

CZONTTARY

IS

MICHIGAFLAND

PARTICULARLY

IN

PART

PERTINENT

DEFENDANTS

AGAFLST

JNDGTFIEFLT

DOLLARS

INTEREST

PLUS

EREOF

LABOR OF SAID

AW

INMATES

OF THE STATE

CL

OF

OR

ALLEGATIONS

THE

OF COUNT

TO THE

300335

SEC

MOOR

AND BY BUCH REFERENCE

THROUGH TWELVE
THE UTILIZATION

DEFENDANTS

CNPTHWE

LAW

1ODO300QO

COUNT

ONE

FIAIN

FEE

ATTORNEYS

PORATE HEREIN

SEEK

PLAMNTIFFS

MILLION
THE AMOUNT OF ONE

IN

WAGE

MINIMUIFT

TQITH

TEE

AND

ARC EMPLOYERS

SAID

OF

MEANTRIG

DAMAGOQ WQETHCC

ATTORNEYS

REASONABLE

COSTS AND

DOFENDAFIBS

WITHIN

1IQU

AMO

ADATTIOFLAL

43

WHICH

OF
PROVIDES

OR

BE SOLD
CONTRACTED FOR OR
LEASED
HIRED
OR CORPORATE
OTHRW1SC USED FOR PRIVATE
THAN THE
OR FAR ANY OUHER PURPO5C
OF
PROFIT
OPERATION
OR
CONSTRUCTION MAINTENANCE
DIRECTED
W0RC5 WAYS OR PROPERTY
PUBLIC
BY THE COVERNORI

NOR

11‰

AND

SEC 9QO310

SHALL

CI

THE

LOANED

WHICH

48

HEREBY
THIS

LABOR OF

IN

PROVIDES

DECLARED

TO

BE

PERTINENT

THE

ACT

INTENT

PART
OF

DIVERS3

TO PROVIDE ADEQUATE REGULAR
OF THE
FOR PRISONERS
EMPLOYMENT
AND SUITABLE
WITH PROPER PETAL PURPOE5
STATE CONSISTENT

II

LABOR OF PRIOFLERS
AND FOR
MAINTENANCE
STATE FOR
THEIR CRINES AND MDRISOFLMCNT

TO UTILIZC
FOR
CLUSIVELY

LAW

SELF

NER

WCC

LCITSOW OSAN
DSAN 5EGAR

RELATIONSHLMS
PRODUCTS AND

AND DISBURSC
TO AFLOAT THE
PRODUCLETDIRCCT
MERIT OF MCLEAN LABOR AND PRISON
WTTH NO
STATE AUTHORITIES
EUTABLISIXED
THROUGH

HART FC

T04

THE

ALL COMPETITI
TO ELIMINATE
LABOR
BETWEEN PRI
MNDUSTXU
FREE LABOR OR PRIVATE

CD

RR TA

FUN

II

BY

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AMOUNT BY WHICH

THE

IN

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HAS BEEN AND IS

THEY ARE

IL

II

AID

AMOUNT

REASONABLE

AND THE

TO

TO

BEING

VALUE

THE

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BY THE DIFFERENCE

AND IJLEGAJLY

UNJUSTLY

BENEFITING

OF

BY DEFCFLDANTS

KNOWLEDGE THAT

FULL

WITH

BY DEFENDANT

HAS

OF

VALUE

REASONABLE

THR

OF PLAINTIFFS

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THE

PLAINTIFFS

ENR3CHRN

EXCOEDS THO AMOUNT PAID

SERVICES

PLAINTIFFS

AND LABOR OF
AND INTEREST

PCOFIT

UN

THE

IN

IF

OR

THO CRVICOS

OF

OWN PRIVATC

FOR FLEFONDANTS

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OF
APPROPRIATIONS

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THE

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OF

OF

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II

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AT LEASU

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EAN

II

UPJOHN

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MIC

ZR

CO

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AS

AS

BY

ALLEGED

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ORDEROD
OF

SERVICES

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WOULD BE DUE THEM UNDER

MICHIGAP

AND

AND

THE

UNITED

STATES

MINILTUM
OT

AMERICA
PTHINTIFI

OAR

TAR

O4 ZTJTOT

COSJ

NOT WORK FOR PARKE

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IF

REASON

ARRTOUFLT

WAGE LAWS OF THE

WHOSE

AND

CONSENT AND UNDER

RETRIBUTION

OF

THREAT

COST

WHICH

CLINIC

THE

LABOR WAS UTILIZED

PLAINTIFFS

WITHOUT

IMPLIED

IS

HOUSING

OT

TODAY

PLAINTIFFS
DEFENDANTS

JABOR BY THE

SOUTHERN MICHIGAN

TO CONSTRUCT

30000000

BE FARGREATET

OF

PRISON

AND

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OF PIAINTIFFS

USE

STRUCTURE

THE

ANUROXIMATELY

WOULD

STATE

THE

FOR

ACQUISITION

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ILLEGAL

FROM THE

NENEFITED

BILIDING

GO

THE UPJOHN

AND

DAVIS

OTHER THAN PARKE

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TN ADDITION

THEIR

45
OF

ABOR AND

THE STATE

OF

THO

HAVE

UIT
AS

THEREFORE

THEREOF

IN

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SET FORTH

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II

EEF

AND BETWEEN

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REGARDING

OF THE

ON THE

INTEYE5C
DATES

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THIS

TO THEM UNDER

SAIME

AMOUNTS

SAID

DUO

WORE

SEEK

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IN

TO

ARE ENTITISCI

10
AMOUNT DUE

ZOR

TO PLAINTIFFS
BY ‰FONDANTS

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EF THEIR

VALUE

TO RECOVER

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ARE THEREFORE

RECI

THE

FROM DEFENDANTS

OF MICHICAFL

STALE

OF THE

FORTH

SOT

ALREADY

PLAINTIFFS
II

AND

STATUTES

THE

VIOLA

ECAUS

BETWC M1AINT TWA
AR VOL
ANY OTHER PARTY

EXISTING

US

THC CONTRAC

COST5

INTEREST

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PLN

DOLLARS

100000000

AMOUNTOF ONE MILLION

THE

AGAI

JWDRIIFLEFLT

FEE

AND ATTORNEYS

COUNT TV

THE

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PORATE

12

TWELVE

OF

COUNT

LABOR BY ALL

CO

THAN

DUE PROCESS OF

LAW AND IN

HOLDING

TO

THE THIRTEENTH

IN

PIAINTIFFS
AMENDMENT

SAID

LAW QFCX

OSAN
OSAN SEGAR

OF

THE

VIOLATION

CONDUCT HAS

SAID
IN

TO

HAF

FLNT TUC

OF

THE STATE

DR1SONEZ

OF NOMINAL
AND

OF GICHIQAN

WAGES LESS

IN

IS

WITHOUT

IFL

THE FOURTEENTH

OF

ALSO RESULTED

NVOLUNTARY

AND

IS

RESULTING

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CONTRARY

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THE

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BY

PLAINTIFFS

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LEITSON

LAWS

CO

AND PROPEUY

LIBERTY

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CT

THE PAYMENT

AND

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BY LAW HAS RESULTED

OF THE

THROUGH

ONE

AND

UTILIZATION

AND THE UPJOHN

THOSE REQUIRED

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PARAGRAPHS

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THE

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OF

ALLEGATIOFL5

LXCOT

BY SUCH REFERENCE

TO AN

REFER

ING

OUT UNDER

WITH

THE

COLOR

SUPERVJ

OF

ROSULT

ALSO

DC

AMENDMENT

FOURTEENTH

ANY SERVICE
ENTITLED

LABOR

THEIR
FOR

1983

OF TITLE

42

XE

BEING

AMOUNT OF WAGES PAID

TO

THE SAME WORK OR PERFORMIRWJ

CORPORATIONS

WOUD BE

WAGE THEREFOR

UNDER THIS
1343

AND

HAVE

BY THE

HAVE BEEN AND

THE

IN

MAKING

REASONABLE

TO COLICET

LAWS GUARANTEED

OTHERS DOING

PROFIT

JURISDICTION

SEC

THO

AGAINST

SINCE

PRIVALE

OF

THAT PLAINTIFFS

IN

DISCRIMINATED

ARBITRARILY
THEM FOR

EQUAL PROTECTION

CONDUCT RLIINTITHTS

SAID

OF

COURT IS

OZ

TITLE

23

GROUNDED UMON
OF UNITED

S4ATES

CODE ANNOTATED
RITE

CAUSEAAAMJH

ACTIONS

TO PLAINTIFFS

IN

WHEREFORE PLAINTIFFS
DEFENDANTS
PLUS

HI

IN

INTEREST

THE

OF

CORAPLAINTED

THE

HAVE PROXIMATELY

AMOUNT OF ONE MILLION

SACK JUDGMENT

AMOUNT OF ONE MILLION

COSTS AND ATTORNEYS

AGAZNSC

1OQOOOOOO DOLAT

FEE

LBTTSONDBAN
PLAINTIFFS
ATTORNEYS

BY

71

KOBDRT

DATED

CI

LAW

DIAN
DEAN
HART PC

LESITBON

T3
FLINR

RECT

MIOB ITHO
II

3CR

1969

FOR

SOGAR

WXRTFC

UNITED

OR

THE

DISTJ

STATES

OP MICHIGAN

DISTRICT

EASTEYIRN

SOUI

CCITT

DIVISION

FRANK
RICHARD ALLEN
CALVIN SIMS
WALTER
THE BOYD SLAGER
BELLY THE WILLIAMS
THE 19 WALKER CLEMENT
PETER GEORGE MILLS
DEDEA ORDELI VILBURN WILLIAM CLEARY
FRED HQLRAGEI
BARMY SPELLS
HERBERT WILLIAMS
CRCEAN DAVIS
KENNETH INMJRM RAYMOND IL BAIJEY
THOMAS
II
KCLTCN
LORD
JERRY MACK BOYD
CHESTER
SAWICKI
PHILLIP
DIOGHEE
WATSON
RALPH
VERNON 19 MEVIS
WARNER
RALPH
PLAINTIFFS
CIVIL

NO

VS

BROOKS
DUANE

GROSS

FILE

CO

CORPORATION AND
MICHIGAN
DELAWARE CORPORATION
HUT2C JAMES
WADSWORTH ERNEST
MAX BIBER
FANCY JOHN VI RICE
FLORENCE
CRANE JOSEPH
WATERS
ROBERT COTTON AND GUS HRURISON

PARKE DAVIS
THE UPJOH

MEANER

ACTION
31172

CO

DEFENDANTS

ANSWER TC

CCMPLATWT

COUNT

NOW COME ELEANOR

ROBERT COTTON

CROSS

JOSEPH

KELLEY

FTANK

BIERCAFELD

ASSISTANT

TUTTOIMA

WERO LAWFULLY
SERVING

PRISON

GENERAL

ATTORNEY

ATTORNEY

TO TIM

PROVISIONS
CONVICTED
TORUS IN

THEY HAVE NOT BEEN

OF

ERIN

JAEKSI

DENIED

AND GUS
OF THE

AND ANSWER AS

OR

THE

STATE

JACC500

OF ANY CONSTI THAI

ONA

STATUTES

AND

PLAINTIFFS

OF MICHIGAN

MICHIGAN
OR

ATTORNEY

1OLLOWS

ACTION

CAIJEE

AGAINST

PRISON

THE

OF

CRANE

BY SOLOMON

OR MICHIGAN

APPLICABILITY

ALLE

BY THEIR

HARRISON

STATE

BROOKS

FLORENCE

WATERS

DUANE

GENERAL

DENY THE

DEFENDANTS
CONGTI

RICE

JOHN

FARLEY

MAX BIBER

WADSWORTH ERNEST

JAMES

ILUTZEL

STATUTORY

AND ARC

THEREFORE

RIGHTS

DEFENDANTS

DENY

DEFENDANTS

ADNILT

ANIT

PRISON

JACKSON

THAT

COMPANY ARE ENGAGED IN
DENY THAT
IT

THE

THE

MEMBERS OF THE

MICHIGAN

STATE

AND HAVE AT

OFFICERS

OFFICERS

THEREBY

DEPARTMENT

PROCEDURE IS

ACTIONS

IN

FEDERAL

DENY THAT

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HAVE PREVIOUSLY

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PA 1965

380

FEDERAL

SOUTHERN

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COLERIDGE

RULE 23

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MUST

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MSNNUM COD MEDIUM

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REFERRED FOR

FEB

FILED
UNITED

12

STATES
FOR

1970
DISTRICT

COURT

THS

OF MICHIGAN
EASTERN DISTRICT
SOUTHERN DIVISION

SIM

CALVIN

ROGERS

LEE

FRANK
WALTER
GEORGE MILLS

RICHARD ALLEN
LEE WILLIAMS
BILLY

SLAGER PETER
WALKER CLEMONT DEDEAUX

BOYD

LEE
WILLIAM
CLEARY
ORDELL VILBURN
FRED
WILLIAMS
HOLNAGEL
HERBERT
KENNETH
INMAN
BENNY SPELLS
ORCEAN DAVIS
BAILEY
RAYMOND
JERRY MACK BOYD KELTON THOMAS
LORD RALPH WATSON CHESTER
MCGHEE VERNON
PHILLIP
SAWICICI
RALPH
WARNER
AND
MEVIS

CASE

JUDGE

P1EINTFF

NO

FREEMAN

AFFIDAVIT
OF

31172

IN

PLAINTIFFS

FOR SUMMARY

VS

CO

SUPPORT
MOTION
JUDCMENT

MICHIGAN
PARKE DAVIS
AND THE UPJOHN
CORPORATION
DELAWARE CORPORATION

CO

DAFANDANTS

STATE
COUNTY

MICHIGAN

OF

AS
OF JACKSON

HOYD SLAGER

BEING

FIRST

DULY

SWORN DEPOSES

AND

SAYS

AS

FOLLOWS
OF THE
IS MADE UPON THE BASIS
AFFIDAVIT
MATTERS AND EFFIANT
OF THE FOLLOWING
OF
TO THE MATTERS STATED HEREIN
TO TESTIFY
THIS

KNOWLEDGE
COMPETENT

PERSONAL
IS

HEREIN
AND HAS
IS ONE OF THE NAMED PLAINTIFFS
AFFIANT
EHC
CONSTRUCTED
UPJOHN
BY
BUILDING
WORKED IN THE DRUG CLINIC
FAMILIAR
HA IS
FURTHER
SOUTHERN
MICHIGAN
OF
STATE
PRISON
THE
AT
OF
SAID
AND
OTHER
INMATES
PLAINTIFFS
NAMED
WITH THE REMAINING
THE CLINIC
CLINIC
AS SELL AS IN
IN
THE SAID
WORKED
WHO
PRISON
CO
CONSTRUCTED
BY THE PARKE DAVIS

CA

OL THE HOURS
HOURS WHICH HE WORKED WERE IN EXCESS
THE DETAIL
IN
FACT
JOB AND
EGULAR CIVILIAN
WORKED BY ANYONE ON
AND
ALLOWED
TO
HIS
CELL
FROM
TO BE RELEASED
UPON WHICH HE WASABLE
AND
4T4SARN
TILL
FROM
1030PM
REMEIN IN THE CLINIC
PROPER READ
SEVEN
DAYS PER WEEK
HOURS WERE EFFECTIVE
THAT SEID DETAILED
THE

INCLUDING

HOLIDAYS

OF
UNDER THE SUPERVISION
OTHERS WORKED DIRECTLY
THAT
HE
AND
PERSONALLY
EMPLOYEES OF THE DRUG COMPANIES
CIVILIAN
OF THE CIVILIAN
EMPLOYEES WHOS
SUPERVISION
WAS UNDOR THE DIRECT
HESSIAR
WILL
AND WILLIAM
HE

AND

IN

THE

REPRBEEFLTATIVS
INCLUDE THE
CXINIA

UXEMP‰S
FOLLOWING

DRAWING BLOOD SAMPLES
TO SEPARATE
CENTRIFUGE
ACCURATELY
AND

TAKING

TYPING

OF

RUNNING THEM THROUGH
PHSMA FROM RED CELLS

ARID

FCR VIALS

THB LABELS

ANALYZING

WORK WHICH WAS DONE

THE

SAMPLES

URINE

AND BLOOD PRESSURE
TAKING THE TEMPERETURE
USED IN DRUG TESTS
PERSONS BEING

SND

ADMINISTERING
ELECTROENCEPHALOYRSMS
KEEPING

RECORDS OF IMPORTANT

DISPENSING

THE

OF THOSE

BODILY

FUNCTIONS

TESTED

DRUGS TO BE

FROM AUGUST 1964
WORKED IN THE UPJOHN CLINIC
OF
THE FUNCTION
DURING WHICH TIME HE PERFORMED
UNTIL JULY 1967
DR
LLOYD
UF
UNDER THE DIRECT SUPERVISION
ACTING PHARMACIST
AND THE DOCTORS WHO
HESSIER
WILLIAM
WILLY
LEZOTTE RALPH
THE VARIOUS PROTOCOLS STUDIES
TO SUPERVISE
CAME TO THE CLINIC
MONITORS
OF WHICH THEY WERE THE
AFFISFLT

THE FOREGOING
SPAN CONTAINED IN
THAT DURING THE TIME
IT WAS
OF PHARMACIST
THE
IN
CAPACITY
PARAGRAPH AND WHILE ACTING
RECORDS IN
ACCURATE
MAINTAIN
MEDICATIONS
TO DISPENSE
HIS DUTIES
KEEP ACCURATE
OF THE MEDICATIONS
THE
DISPENSING
CONJUNCTION WITH
MEDITATIONS
AND ACNDTNG OF
RECORDS CONCERNING THE RECEIVING
AND ELSA
END THE PRISON CLINIC
IN
KALAMAZOO
BETWEEN THE COMPANY
FOR
USED
EMERGENCYS
OF THE RESTRICTED DRUGS
TO KEEP AN INVENTORY
SET FORTH IN
THAT DURING THE TIME PERIOD
OF THE CIVIL
SOMETIMES IN THE PRESENCE
AFFIANTI
ABSENCE
NUMBER SI
IN THEIR
OF THE DRUG COMPANY BUT GENERALLY
OF
IAN
ACCORDING TO THE REQUIREFLEFLTS
THE
DID
DISPENSE THE VARIOUS DRUGS
OF
LISTING
PARTIAL
AND THOT
THE STUDY BEING CONDUCTED
FOLLOW
SO
DISPENSEDIS2S
DRUGS
MEDICATIONS

PARAI

EMPJ

MEESURIN
METOPIRONE
SYNALAR TPPICEL
MACITO ACSTATS TOPICAL
NEOMSDROL ACETATE TOPICAL

THORAZINE

PHENO

LIBRIURFI

CI

EQUANIL
DARVON 65

HEPARIRI

FLILANTIN
CAFERGFLT

TOTRACYCLFLFLFLE

HENEDRYL

DEXADRINE
LINCOCIN
PANALBA

ELRINASE

PAMINE

AFFIANT WAS
ABOVE DESIGNATED MEDICATIONS
THE
TO
ADDITION
THE UPJOHN
THAT IN
DRUGS THAT WERE KNOWN ONLY BY
TO
DISPENSE
REQUITED
ALSO
U22020 ETC

COMPANYS

OF WORK BY
IN
THE

CO

NAME

EG

PLACED IN
AFFIANT
MOTHOD
FOLLOWING
THE
JUNE OF 1964

STATE PRISON

OF

WHILE

THE

UPJOHN

WORKING IN

SOUTHERN MICHIGAN

AS

THE

CLINIC

FOR

MAIN

HALL

PURPOSES
OFFICE

THE
COUNT CLERK ON

OF

AUGHT SHIFT

AFFIART

WAS OFFERED

IN

MEDICAL

RASEARCH CLINIC

THE

UPJOHN

OF THE

PRISON
AND

REQUESTED

TEAS

WAS TAKEN
THAT

RALPH

PRISON

THE

TH

BEFORE

AFTER

JOHN OUTZ

WITH

CLASSIFICATION

AND

THE

IN

FORE

AD

INTERVIEW

MR

DIRECTOR

PART OF JULY

COMMITTEE

NO OBJECTION

HAD

THEN

CLINIC

THE

THAT

PRISON

CLASSIFICATION

OFFICIALS

AWARE OF AN OPENING
LOCATED INSIDE
THE WALLS

CLERK

WILLY

MADE TO THE

NOW RETIRED

SCHRNEIGS

INMATE

WAS GRANTED AN INTERVIEW

MR

MINISTRATOR
REQUEST

BY THE THON

MADE

OR

AND

TO THE

IT

1964
WAS DECIDED

TRANSFER

AND

IT

APPRNVAD PROVIDED THAT
STAYED ON TO HELP BREAK ANOTHER
INMATEIN
ON THE MAIN HAITI
OFFICE JOB
THIS WAS DONE AND IN
AUGUST OF 1964

GL

GO TO WORK AT
AT

THE

JULY

1967

THE

CLINIC

CHANGE ORDER WAS SIGNED

ASSIGNMENT

LIRECTOR

HANSEN

WORK

AN

OF

TREATMENT INDICATING
UN AUGUST 19
UPJOHN CLINIC
ON

FULL

TIME

BASIS

THAT

BY

MR

WAS TO

1964

WHICH CONTXNUED

STARTED
UNTILL

10
THAT UNTILL
JULY 1967
WAS UNDER THE IMPRESSION
THAT
SHOULD
WITHOUT REQUESTING THAT
QUIT MY JOB AT THE CLINIC
BE ALLOWED TO DOXFZOM THA PRISON OFFICIALS
WOULD BE PLACED
IN
AT THAT TIME
SOLITARY
WAS INFORMED TO THE CONTRARY END
IMMEDIATELY

QUIT

19

FEB
SUBSCRIBED

1970

AND

SWORN TO BEFORE

ME

THIS

DAY OF

IN AND
THE
TARY FT6LIC
COUNTY OF JACKSON MICHIGAN

MY COMMISSION
PAUL

EXPIRES

LADOW

NOTARY PUBLIC
MY COMMISSION

JACKSON
EXPIRES

COUNTY MICH

MMCH 10 19TH

FILED

FEB

UNITED

16

1970

DIST

STATES
FOR THE

COURT

EASTERN DTSTMCT OF MICHIGAN
SOUTHERN DIVISION

SIMS RICHARD ALLEN FRANK
LEE WILLIAMS
ROGERS BILLY
WALTER
LEE BOYD SLAGER PETER GEORGE MILLS
LEE
WALKER CLEMONT DEDEAUX
ORDELL VILI3URN
WILLIAM CLEARY
1IERJ3ERT
FRED UOLNAGETJ
WILLIAMS
BENNY SPELLS
KENNETH INMAN
RAYMOND
ORCEAN DAVIS
BAILEY
JERRY MACX BOYD KELTON
THOMAS
CASE NO
31172
LORD RAL WATSON CHESTER
PHILLIP
SAWICKI
MOGHEE VERNON
JUDGE FREEMAN
MEVIS AND RALPH
WARNER
PLAINTIFFS
AFFIDAVIT
IN SUPPORT OF
PLAINTIFFS
MOTION FOR
CALVIN

VS

SUW4ARYJUDGMENT

CO

PARKE DAVIS
MICHIGAN
CORPORATION AND THE UPJOHN
DELAWARE CORPORATION

CO

DEFENDANTS

STATE

OF MICHIGAN
JACKSON
COUNTY OF

ZN

CHESTER
SAWICKQ
SAYS AS FOLLOWS

BEING

THIS
AFFIDAVIT
PERSONAL KNOWLEDGE OF AFFIANT
AFFIANT
ISCOMPETENT
TO TESTIFY

FIRST

DULY SWORN DEPOSES

AND

IS
MADE UPON THE BASIS
OF THE
OF THE FOLLOWING MATTERS AND
TO THE MATTERS STATED HEREIN

AFFIANT
IS
ONE OF THE NAMED PLAINTIFFS
HEREIN AND
HAS WORKED IN THE DRUG CLINIC
CONSTRUCTED BY THE UPJOHN
BUILDING
CC AT THE STATE PRISON OF SOUTHERN MICHIGAN
FURTHER HE IS
FAMILIAR
NTH THE REMAINING NAMED PLAINTIFFS
AND OTHER INMATES
OF SAID PRISON WHO WORKED IN THE SAID CLINIC
AS WELL AS IN THE
CLINIC
CONSTRUCTED BY THE PARKE DAVIS
CO
THE HOURS WHICH HE WORKED WERE COMPARABLE TO
WOULD BE WORKED BY ANYONE ON
REGULAR CIVILIANJOB
AND IN FACT SOMETIMES HE WORKED SEVEN
WEEK THE
DAYS
TIME WORKED EAQH DAYVARIOD
FROM
FEW HOURS UP TO SIXTEEN
16
HOURO IN
HOUR PORIOD
TWENTYFOUR
THOSE WHICH

24

OZCSS
LEITSON

CEAN SEGAR
HART PC
ISIS
OHIR

FLINT

OF CIVILIAN

CRT TQWLTH
RSY
I4ICH

STREKT

48502

FL TLAE

II

LIE
AND OTHERS WORKED DIRECTLY
EMPLOYEES OF THE DRUG COMPANIES

UNDER

THE

SUPERVISION

DONE IN

THE

REPRESENTATIVE
EXAMPLES OF THE WORK WHICH
THE
CLINICS
INCLUDE
FOLLOWING

WAS

DRAWING BLOOD SAMPLES AND RUNNING THEM THROUGH
TO SEPARATE PLASMA FROM RED CELLS
CENTRIFUGE
ACCURATELY
TAKING

LABELS

TYPING

AND ANALYZING

FOR

URINE

VIALS

SAMPLES

AND BLOOD PRESSURE
USED IN DRUG TESTS

THE
TAKING
THOSE PERSONS

BEING

ADMINISTERING

ELECTROCARDIOGRAMS

OF

AND

ELECTROENCEPHALOGRAMS
XEEPING

RECORDS OF

IMPORTANT

BODILY

FUNCTIONS

DID SO
HE AND OTHERS WORKING AT THE CLINICS
OF THE
ORDERED
DO
TO
SO BY REPRESENTATIVES
BECAUSE THEY WERE
ORDERED TO
WOULD
BE
OF
CORRECTIONS
JUST
THEY
DEPARTNLENT
REFUSAL TO WORK AS
WORK IN ANY OTHER PRISON INDUSTRY AND
SUCH
TO THETA
WOULD HAVE RESULTED IN PENALTIES
DIRECTLY
UNDER
THE
CIRCUMSTANCES
CLEARLY
WAS
COERCION AND THREAT
MPLIED IF NOT EXPRESSLY STATED
EXAMPLES

OF THE

DRUG TESTED

IN

CLINICS

SAID

ARE

LB

DILAHTIFL
CHIOROMYCETIN
PONSTEL
BENADRYL
ALBUSPAN
ZIXNBODRYL

FEB
SUBSCRIBED

LAW ORFIC
EITSON DEAN

DEAN
HART
DRRAOIT

LTNR

PC
ANESY

MICIT4J3

61970
DAY OF

AND SWORN TO BEFORE ME THIS

NOTARY
GENESEE COUNTY MICHIGAN
MY COMMISSION EXPIRES
PAUL

LADOW

NOTARY PUBLIC

MY CCMMISSIPN

JACKSON

COUNTY

MKH

EXPIRES MARCH 10 ISIS

PUBLIC

FEB

FILED

16

1970

COURT
DTSTRICT
FOR THE
OR MICHIGAN
EASTERN DTSTRIC
SOUTHERN XVXSION
UNFLYED

CALVIN

STATTHS

ALLEN

OJ44

WALTER
LEE WILLIAMS
ROGERS BILLY
PETER
GEORGE
MILLS
BOYD
SLACER
LEE
REMONT DEDEAUX
LEE
WATV77TH
WILLVAT4
CL2ATRY
ORDELL VUSUFLN
FRED HOLNAGEL
HERBERT WILLIAMS
KENNETH INMAN
BENNY SPELLS
RAYMOND
ORCEAN DAVIS
DAILEY
THOMAS
JERRY MACK BOYD KELTON
LORD RALPH WATSON CFESTER
PHILLIP
MOGHEE VERNON
SAWICKI
NEVIS
AND RALPH II
WARNER
PLAINTIFFS

VS

NO

CASE
JUDGE

31172

FREEMAN

SUPPORT OF
MOTION FOR
SUMMARYJUDGMENT
IN

AFFIDAVIT

PLAINTIFFS

CO

PARKE DAVIS
MICHIGAN
CORPORATION AND THE UPJOHNCO
DELAWARE CORPORATION

DEFENDANTS

OF MICHIGAN
JACKSON
COUNTY OF
STATE

CLEMONT

SS
DEDEAUX

BEING

FIRST

SWORN DEPOSES

DULY

AND

SAYS AS
AFFIDAVIT
THIS
OF
AFFIANT
PERSONAL KNOWLEDGE
TO
AFFIANT
TESTIFY
ISCONIPETENT

IS MADE UPON THE BASIS OF THE
OF THE FOLLOWING MATTERS AND
TO THE MATTERS STATED HEREIN

HEREIN AND
IS
AFFIANT
ONE OF THE NARNOD PLAINTIFFS
THE UPJOHN
CLINIC
CONSTRUCTED
WORKED
IN
THE
BUILDING
BY
HAS
DRUG
HE IS
OF
FURTHER
THE
STATE
PRISON
SOUTHERN
MICHIGAN
AT
CO
AND OTHER INMATES
WITH THE REMAINING
NAMED PLAINTIFFS
FAMILIAR
AS WELL AS IN THE
OF SAID PRISON WHO WORKED IN THE SAID CLINIC
CLINIC
CONSTRUCTED BY THE PARKE DAVIS

CO

THE HOURS WHICH HO WORKED WERE COMPARABLETO
OB
REGULAR CIVILIAN
THOSE WHICH WOULD BE WORKED BY ANYONE ON
WEEK
THE
SOMETIMES
HE
WORKED
SEVEN
DAYS
AND IN FACT
FROM
LEW
TO SIXTEEN
TIME WORJWD CACH
HOUR
HOURB IN
PERIOD
TWENTYTOUR

24

LAW OFFWES

LEITEON

AN

HARTPC

OF CIVILIAN

HOUR

HE AND OTHERS WORKED DIRECTLY
EMPLOYEES OF THE DRUG COMPANIES

UNDER

16

THE SUPERVISION

ROWRB

FLINT

MI
SL1EC3I
44

DONE IN

REPRESENTATIVE
EXAMPLES OF THE WORK WHICH
THE CLINICS
INCLUDE
THE FOLLOWING

AND RUNNING THEM THROUGH
PLASMA FROM RED CELLS

DRAWING BLOOD SAMPLES

TO SEPARATE

CENTRIFUGE
ACCURATELY
TAKING

WAS

TYPING

LABELS

FOR

URINE

AND ANALYZING

VIALS

SAMPLES

AND BLOOD PRESSURE
USED IN DRUG TESTS

TAKING THE
THOSE PERSONS

BEING

ADMINISTERING

CLECTROCARDIOGRANIS

OF

AND

ELECTROENCEPHALOGRAMS
KEEPING

RECORDS

OF IMPORTANT

FUNCTIONS

BODILY

DID SO
HE AND OTHERS WORKING AT THE CLINICS
OF THE
BECAUSE THEY WERE ORDERED TO DO SO BY REPRESENTATIVES
ORDERED
TO
WOULD
BE
OF
CORRECTIONS
JUST
THEY
DEPARTMENT
REFUSAL TO WORK AS
WORK IN ANY OTHER PRISON
INDUSTRY AND
TO THEM AND SUCH
WOULD HAVE RESULTED IN PENALTIES
DIRECTLY
WAS UNDER THE CIRCUMSTANCES
CLEARLY
COERCION AND THREAT
STATED
IF NOTEXPRESSLY
IMPLIED

ARE

EXAMPLES

IN

OF THEDRUGSTESTED

CLINICS

SAID

FLILANTIN

CHOROMYCETIN
PONSTEL
BENADRYL

ALBUSPAN
KNBODRYL

RI1

AIJ4A

FID2N

FEB
AND SWORN TO BEFORE

II

II

FLTST2F

SUBSCRIBED

J1
FI

JR

FLI

1910
DAY OF

ME THIS

NOTARY
LAWQFFJC
LEIT5ON DEAN

DEAN SEGAS
HAWV SC
BTTAOIY

COUNTY
EXPIRES

MY COMMISSION
PAUL

LADOW

NOTA

PUBLIC

BFLQCCT

COMMISSION

VUNT

1DEC11

AFLFL

COUNTY MICH
EXPIWS MAWH 10

1973

PUBLIC

UNITED
STATES OF AMERICA
THE DISTRICT
COURT OF THE UNITED STATES
FOR THE EASTERN DISTRICT
CF MICHIGAN
SOUTHEHN DIVISION

RICHARD ALLEN
CALVIN
SIMS
LEE
FRANK ROGERS BILLY
WALTER LEE
WILLIAMS
BOYD STAGER PETER GEORGE
LEE
WALKER CLEMONT
MILLS
DEDEAUX ORDELL VILBURN
WILLIAM
CLEARY HERBERT
WILLIAMS
FRED HOLNAGEL
BENNY SPELLS
KENNETH INMAN
OIWEAN
RAYMOND
BAILEY
JERRY MACK BOYD KELTON
DAVIS
THOMAS
LORD RALPH WATSON
PHILLIP
CHESTER
SAWICKI
MAGHEE AND VERNON
MEVIS

CASE

NO

31172

PLAINTIFFS

VS

DAVIS
COMPANY
MICHIGAN
CORPORATION AND
DELAWARE
THE UPJOHN

PARKE

CO

CORPORATION

DEFENDANTS

ANSWERS OF TUE UPJOHN COMPANY
TO ADDITIONAL
INTERROGATOFLIES

NOW COMES THE
AND ANSWERING
AS

L‰T

THE

NAME AND ADDRESS

TRIAL

THE

STATES

TRIAL

IS

INTERROGATORY
STATE
THE

THE

OF EVERY WITNESS

WHO YOU MAY RELY

ON

CAUSE

OF THIS

NO
THE

THE WITNESSES

IN

INTERROGATORIESL

NO

ANSWER TO

IF

ADDITIONAL

FOLLOWS

INTERROGATORY

AT

PLAINTIFFS

DELAWARE CORPCRATION

COMPANY

UPJOHN

UPJOHN

COMPANY MAY CALL

AT TRIAL

HELD HAVE NOT BEEN DETERMINED

NO

SUBJECT

PRECEDING

MATTER

OF THE

TESTIMONY

OF EACH WITNESS

NAMED

QUESTION

ANSWER TO

NO

THE GENCRAL

SUBJECT

MATTER

OF

TESTIMONY

WHICH

THE

UPJOHN

AND PROCEDURES
THE

OF THE JACKSON

KNOWLEDGE

CLINIC

WORKINGS

OPERATED

BY

NO

NAME AND ADDRESS

THE

PRISON

BE THE

COMPANY

UPJOHN

INTERIIOGATORY
LIST

WOULD PROBABLY

COMPANY WOULD PRESENT

OF THE

WORKINGS

ANSWER TO
UPJOHN

OF EACH OF YOUR EMPLOYEES
AND PROCEDURES

WHO HAVE

OF YOUR PRISON

CLINIC

NO

PERSONNEL

MOST FAMILIAR

WITH

WORKINQSAND

PROCEDURES

MD

AB

HERBERT
SCHWEEM
1703 POOLE DRIVE
49201
JACKSON MICHIGAN
RALPH
WILLY
5895 SOUTH JACKSON
JACKSON MICHIGAN

THE

NAME AND ADDRESS

KNOWLEDGE OF THE ORIGINAL
MENT OF

OUR

CLINIC

ANSWER TO

HV

00936

MD

DEMISSIANOS
LITTLE
DRIVE
APT 302A
49007
KALAMAZOO MICHIGAN

AT THE

NEGOTIATIONS

LEADING

WHO HAVE

TO THE

ESTABLISH

PRISON

NO
GERARD THOMAS
7000 PORTAGE ROAD
KALAMAZOO MICHIGAN

RT

ROAD
49203

CARL
SCHLAGEL
301 HENRIETTA
STREET
KALAMAZOO MICHIGAN

PARFET
PORTAGE ROAD
KALAMAZOO MICHIGAN
7000

DALE

CHODOS
PORTAGE ROAD
KALAMAZOO MICHIGAN
7000

RS

SCHRCIBCR
PORGAGE ROAD
KALAMAZOO MICHIGAN

LEZOTTE
ROMA CIL
EXT VILLA CAPARRA
CUAYNABC PUERTO RICO
LLOYD
CALLE

7000

00936

NO

THE NAME AND ADDRESS

WHO YOU HAVE

MD

1230

OF EACH OF YOUR EMPLOYEES

RALPH
WILLY
5895 SOUTH JACKSON
JACKSON MICHIGAN

LIST

LEZOTTE

ROMA CIL
EXT VILLA CAPARRA
GUAYFLABO PUERTO RICO

49081

HAROLD
UPJOHN
7000 PORTAGE ROAD
KALAMAZOO MICHIGAN

INTERROGATORY

LLOYD
CALLE

NO

INTERROGATORY
LIST

MD

TREEHAVEN DRIVE
KALAMAZOO MICHIGAN

ROAD
49203

WILLIAM
HESSLER
1112 WOODVIEW
PORTAGE MICHIGAN

VARLEY

2146

REASON

OF

TO BELIEVE

ANY PERSON OTHER THAN YOUR EMPLOYEE
HAS

SUCH KNOWLEDGE

ANSWER TO

NO

GUS HARRISON
DIRECTOR OF CORRECTIONS
LANSING
MICHIGAN
HAROLD

JACKSON

OSTER
MICHIGAN

DEAN WILLIAM
HUBBARD
OF MICHIGAN
UNIVERSITY
ANN ARBOR MICHIGAN
INTERROGATORY
STATE
FOR

THE

MEDICAL

SCHOOL

NO

NAME AND ADDRESS

OF THE PERSON

IN

CHARGE OF PERSONNEL

YOUR COMPANY
ANSWER TO

NO

TURBEVILLE
PORTAGE ROAD
KALAMAZOO MICHIGAN
7000

INTERROGATORY
WHAT IS
PRISON

THE

NO
PAY SCALE

FOR CIVILIANS

WHO ARE ENGAGED
ANSWER TO

DEFENDANT

IN

EMPLOYED BY YOU OUTSIDE

THE

DRUG TESTING

NO
THE

UPJOHN

COMPANY OBJECTS

TO

NO
THE

BY

UPJOHN

COMPANY

INTERROGATORY

STATE

OF MICHIGAN

55
COUNTY

OF KALAMAZOO

GERARD THOMAS
DEPOSES

THE

AND

UPJOHN

STATES

AS

FOLLOWS

THAT

HE

IS

COMPANY
THAT

INTERROGATORAES
TO

THE BEST

AND

OF HIS

THE

HE HAS READ THE

FOREGOING

SUCH ANSWERS ARE

ANSWERS

DAY

ME

OF

1970

NOTARY

PUBLICTCLYN

MY COMMISSION

EXPIREST

MICHIGAN

397

TO

TRUE AND CORRECT

KNOWLEDGE AND BELIEF

AND SWORN TO BEFORE

THIS

SWORNJ

CORPORATION

14

SUBSCRIBED

DULY

VICE PRCSIDENT
SECRETARY
AND GENERAL COUNSEL
OF DEFENDANT

DELAWARE

THAT

FIRST

BEING

UNITED
STATES OF ADVRNRICA
STATES
OF THE UNITED
DISTRICT
COURT
THE
OF MICHIGAN
FOR THE EASTERN DISTRICT
SOUTHERN DIVISION

LII

RICHARD ALLEN
CALVIN SIMS
LEE
FRANK ROGERS HILLY
WALTER LEE
WILLIAMS
PETER GSORGE
BOYD
LEE
WALKER CJ2EMONT
MILTS
DEPEAUX ORDELL VTLBEJRN
CLRARY HERBERT
WILLIAM
FRED HOLNAGEL
WILTIAMS
KENNETH INMAN
BENNY SPELLS
ORCEAN
BAILEY
RAYMOND
BOYD KELTON
JERRY
MACK
DAVIS
THOMAS
LORD RALPH WATSON
PIIELLIP
CUESTER
SAWICKI
MEVIS
MEGHEE AND VERNON

SLAG

CASE

4O

S1172

PLAINTIFFS

DAVIS
COMPANY
MICHIGAN
CORPORATION AND
DEAWARE
THE UPJOHN

PARKE

CO

CORPORATION
DEFENDANTS

AFFIDAVIT
THE UPJOHN

STATE

IN SUPPORT OF ANSWERS OF
COMPANY TO INTERROGATORIES

OF MICHIGAN

COUNTY

55

OF KALAMAZOO

AND SAYS AS

SWORN DEPOSES

THAT
UPJOHN COMPANY
THAT

HE IS

DELAWARE
HE

COMPANY TO PLAINTIFFS
OCTOBER

14

HAS

FOLLOWS
VICE PRESIDENT

THE

RETARY

FIRST

BEING

GERARD THOMAS

AND GENERAL

DULY

COUNSEL OF THE

CORPORATION
REVIEWED

THE

INTERROGATORIE

ANSWERS OF THE
WHICH

UPJOHN

ANSWERS ARE

DATED

1968
THAT

SUCH ANSWERS WERE AT THE

TIME

OF

SUCH FILING

TRUE TO THE

BEST

SUBSCRIBED

AND

INFORMATION

PUBLIC

MY COMMISSION

1970

7Z
COUNTY

EXPIRES

KNOWLEDGE AND BELIEF

SWORN TO BEFORE ME

DAY OF II

THIS

NOTARY

OF HIS

MICHIGAN

97

81770

FILED

STATES DISTRICT
JURT
FOR THE
EASTEEN THIS TRICT
OF MICIJI
CAN
SOUPHEIIN
ORVISFON
UNITED

CALVIN

SIMS

ELI

AL

PLAINTIFFS
CIVIL

ACTION
31172

NO

CO

PARKE DAVIS
AND
THE UPJOHN COMPANY

DEFENDANTS

DEWENDANTS MOTION
JUDGMENT OU COUNT

NOW COME DEFENDANTS
DAVIS

WHEAT

AND COMPANY BY THEIR

SPENCER

ND

STONE
OF

THE

IN

GROUND THAT

THEIR

THIS
AFFIDAVITS

MOVE THIS

ARE

MOTION

IS

OF

ISSUC

AS

BASED

KROPP

MOTION

FOR

TO RULE 56

PURSUANT

SUMMARY
ON THE

COMPLAINT
TQ

MATERIAL

ANY

MR

FACT

OF LAW

MATTER

AND THE

PLEADINGS

AND

PADDOCK

CANFIELD

AS

UPON THE

PARKE

DYKEMA

TO ENTER

THE

TO JUDGMCNT

OF WARDEN GEORGE

SUPPORT OF OEFENDANTS

COURT

PROCEDURE

NO GENUINE

ENTITLED

ATTORNEYS
MILLER

AND

FAVOR ON COUNT

THERE IS

AND DEFENDANTS

RESPOCTIVE

RULES OF CIVIL

COMPANY AND

UPJOHN

TIIC

TRIGC

RESPECTFULLY

FEDERAL

JUDGMENT

COODNOW

FOR SUMMARY
OF COTLATNT

RALPH

WILLY

IN

SUMMARY JUDGMENT

DYKEMA WHEAT

FLY

SPENCER

OTINOW

TRIGG

CAROL1
TIMOTHY
FOR THE FINN AND INDIVIDUALLY
2700 PCNOBOT BUILDING
48226
DETROIT
MICHIGAN
9636040

ATTORNEYS FOR THE DEFENDANT
THE UPJOHN COMPANY

MTTTER

2500

DATED

TJU

CANFI

DO LIOI

96364
103A

BANK

HVHIGAN

ATTORNEY
THE

PADDOCK

DAV

FOI

THE

AND

STONE

PRUNT
48226

BUILDING

DEFENDANT
CMPANY

FI1EC

STATES

EAS

ITHUTED

FOT TIJ

SOUTUTXN

CO

DISTAICT

CQUTT
AICNITAN

DISTAICT
DIVISION

ALUFN FAANX
STHS RICIJAAD
RALTE
BILLY
LET
WILLIAMS
OGELSJ
PETEJA
GEOAGE
MILLS
LEE BOYD
LEE
WALKE4 CLEMONT
ODELL VILBU4N WILLIAM CLSAH
ITEKFLE47
WILLIAMS
IOLFLAGEL
BRENT SPELU ZENNEFLI INMAN SAYMOND
MACK
DAILEY O4CRAN FLAWS
BOYD KELTON TO2VTAS II LOAD
SAWICKI PUILLIP
WATSOT CITESTEA
CALVFLT

D1

LAGI

JSY

MCCF ANO V32ANON

MEVT

PLMNTIFFS
ACTION

CLVII

COMPANY

DAVLS

CORPOR
DUICTV

MICN

31172

AN

UPJQBN COMPANY

TIU

AND

HO

COVPORATLON

DEFCNDANT

DEFENDANTS MOTZON FLIT
UMMA SUDG
TO COUNT 1K
MENT 17ITU
NOW COME DCTANNT FARVO
UPJOHN

AD

CONIRANY

BY

THEIR

STENO AND DYKEINA

MOVE OR SUMRNAZY
COMPLAINT

1YH

JUDG

SPENCER

MILLER

GOODN

CANFLELD PADDOCK

TRI

AND RESPECTFLDLY

WITH RESPECT TO COUNT UT OF PLAINTIFFS

ON THE GROUNDS THAT THERE

AND THAT 4EFCNCLANTS

ATTQ

RESPECTIVE

COMPANY AND THE

DAVIS

ARC CNTLTTED

IS

NO

TO JUDGRNCNT

LSS

AMENDED

AS TO ANY MATERIAL
OF

LAW

FACT

THIS
TILED

IN

TBIS

MOTION

ON THE

IS

AND OTHEE DOCUNIONTS

PHADING

CAUSE

MILLER

DY

CANFIELD

4LPRANN

ATTORNEYS

PADDOCK AND STONE

VOPPC

FOR DEFENDANT

PARKE

DAVIS

COMPAAY
2500

THTRCIT

DETOIT

FLANK

MICHIGAN

AND TRUST BUILDING
43226

9636420

DYKEINA

WHEAT SPENCER

GOODNSW

TIMC4TY
FIR THY UPJOHN COMPANY
2700 PENOBSCCT T3ULLDLTNZ
DETROIT
MICHI 48226
9636040

ATT

DATECL

AUGUST

1970

TRIGG

STATES DISTRICT
COURT
ROR THE EASTERN DISTRICT OF MICI4IGAN
UNITED

SOUTHERN DIVISION

TMS

RICHARD ALLEN
ROGERS BILLY LEE WILLTAMS
CALVIN

FRANK

WALTER
EOYDSLAGER
MILLS
LEE
WALKER GLEMONT DEDEAUX
ORDELL VITJBURN WILLIAM CLEARLY

PETER

LEE

Y4ERBER

FRED IIOLNAGEL

WILLIAMS

BEENY SPELLS KENNETH INMAN RAYMOND
ORCEAN DAVIS JERRY MACK
BAILEY
BOYD KELT ON THOMAS
LORD RALPH
WATSON CHESTER
SAWICKI P1FILLIP
MCGIIEE

AND

MEWS

VERNON

PLAINTIFFS
ACTION

CIVIL

COMPANY

PARKE DAVIS
CORPORATION

AND

NO

31172

MICHIGAN

THE UPJOHN COMPANY

DELAWARE CORPORATION
DEFENDANTS

DEFENDANTS MOTION FOR SUMMARY JUDG
MENT WITH RESPECT TO COUNT IV

NOWCOME
UPJOHN

COMPANY

THY THEIR

AND STONE AND DYKERNA

MOVE

FOR

SUMMARY

COMPLAINT ON

THE

DEFENDANTS PARKE

AND THAT DEFENDANTS

WHEAT SPENCER

JUDGVNENT WITH RESPECT

ARE ENLITLED

TO

COMPANY

ATTORNEYS MILLER

RESPECTIVE

GROUNDS THAT THERE

DAVIS

IS

GOODNOW
TO

GAUNT IV

TRIGG

MATTER

AS

OF

PADDOCK

AND RESPECTFULLY

OF PLAINTIFFS

NO GENUINE ISSUE

JUDGMENT AS

CANFIELD

AND THE

TO ANY

LAW

AMENDED
MATERIAL

FACT

THIS

FILED

IN

THIS

MOTION

IS

BASED ON THE PLEADINGS

AND OTHER DOCUMENTS

CAUSE

MILLER

GANFIELD

77

BY
ATTORNEYS

PADDOCK AND STDNE

FOR DEFENDANT

PARKE

DAVIS

GONIPANY
2500

DETROIT

DETROIT

BANK AND TRUST BUILDING

MICHIGAN

48226

9636420

DYKEMA WHEAT SPENCER

BY

GOODNOW

TIMOTHY TC CARROLL
ATTORNEYS FOR THE UPJOHN COMPANY
2700 PENOBSEOT BUILDING
DETROIT

MICHIGAN

9636040

DATED

AUGUST

1970

48226

TRIGG

81770

FI1ED

EA

STATGS USTAICT
DIST2ICT

UNITED

ROD

TTTE

OUTICXU

SI7

CALVIPI

V7

4ICHADD ALT

PT LLY

OOH1T

COU4T
ZFLC1YIGA

DIVISION

TIC

FZA

ECYL SIACED PETE GEO2G MILLS
LEE
WAUF4
DEDEAUX
PR IS VNNUAT VZILLTAM CLRA ZX
TEI BED
PA ED FLOLTHTAC2TI
VILLIAMS

CL22

ENN1TH ITAAN

SINUS

NT

TAXTJ2Y

DOYD

OAGYTAN DAVIS

AAYMOND
ST DY MACI

TTOMAS II IJOAD RALPH
SAWICTN PHILLI

WATSON CFESTE

M3

AND VI2ANON

PLAINTIFFS

VS

CIVIL

DAVFL
COMPANY
UPJOHN
ANC
DELAWARE CORPFLRATION

PAZUCIZ

FL

COVORTTTION

NO

ACTION

31172

MICBIGAN

COMPA2Y

DCFENDANTS

AFFIDAVIT

GEO

OF X7AFLDEN

K2SJ2

STATE OF MICHIGAN
SA

COUNTY 07 JACISON

RROPP

GEORGE

AFTER

FIRST

BEING

DULY

SWORN

AND

CLEPOAES

SAYS AS FOLLOWS
THAT HE
L4ICIGAN

HI

CKSON

FEBRUARY

THAT

YEA

1Q64

17

RLEN

WARDEN

OF THE STATE

4000 COOPR

PRISON

HAS BEEN WARDEN SINCE

IS

MT

FOR SOUTBORRI

MIDIGAR

AN

THAT

1963

ST
II

PRISON

NARIE

THIS

AFFIDAVTT

APPLY

TO

THE

THAT
WITHIN

THE PRISON

AND

NA

HEAD OF

IS

THAT
HE HAS VARIOUS

PRISON

OF TREATMENT

MENT AND DIRECTION

ALL

THE CHIEF

IS

IRSTTTUTION

TFLNTITUTIORAL

OFFICERS

ONE SUCH OFFICER

IS

OFFICER

IN

THEIR

WITHIN

RESPONSIBLE

EMPLOYED

IN

AND HAS THE DAY TO
DAY RAPONAIBLLITY
INTNATES

OFFICER

OPERATIONS

OTHER INSTITUTIONAL

AU

OF

HE

AS THE CHIEF

THAT
DIRECTOR

WARDEN

RESPECTIVE

HIM

DIRECTLY TO
THE POSITION
OF

TASKS

THE

OF

PROPER ASSIGN

STUDY AND

RECREATION

THAT
ASSISTANCE

OF

OF ININATC

TO THEIR

THE PRISON

RESEARCH

CLASS IFICATIO
XCSPCETIVC

ACTING

WITH THE

CONMILTTEE

MAKES EACH AND EVERY ASS

TANKS WITHIN

THE PRISON

LAUNDRY THE PRLNON HOSPITAL

THS

ANN

SUCH AS ASSIGNMENTS TO

PARKE DAVL

AND UPJOHN

CLINICS
THAT

DIRECTOR

TRCATN

OF

THE DIRECTOR

OF

ZNMISTRATIVE

TREATMENT

IS

OR CUSTODIAL

IN

BINDING

MAKING SUCH ASSIZNMENVS THE DECISION
IN

ALL

INSTANCES

REASONS SUCH DECISION

UNLESS
IS

FOR

OF THE

AD

SECVRITY

RESCINDED

BY

THE

INSIDE

DEPUTY WARDEN
THAT
THE PRISON

NO SUPERVISOR

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10
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15
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23

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25
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26
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59

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COUNTY
MAY 27

MCH

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THE DIRECTOR

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FOR

ONE

BY THE DEPUTY

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OF PLACEMENT BY THE

WHO HDS THE RESDONSLBI2ITY

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WHO

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IS

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TO THE
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AT

ANY

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EASE LOAD

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MI

LLL TLI1
WUAS
THE
EASTERN DISTRICT
CF MICHIGAN
SOEJTIIERN
DIVTSTON
UREA

FLD

P0TH

ETAL

SIMS

CALVIN

PLAINTIFFS
CIVIL

ACTION
21172

NO

CO

PARKE DAVIS
AND
THE UPJOHN COMPANY
DEFENDANTS

AFFIDAVIT

STATE

OF MICHIGAN

COUNTY

AND SAYS

SB

TO THE

FIRST

BEING

SWORN DEPOSES

DULY

AS FOLLOWS
HE WAS EMPLOYED

ABOVECAPTIONED

ADMINISTRATOR

THE

OF

CONFINES

OF THE

COOPER STREET

PROCEEDING
UPJOHN

STATE

JACKSON

BY

RESEARCH

PRISON

ALL

DDRINQ
THE

UPJOHN

COMPANY AS

LOCATED

CLINIC

RELEVANT

PERIODS

WITHIN

FOR SOUTHERN MICHIGAN

MICHIGAN

COMMENCING

4000

APPROXIMATELY

1964

FEBRUARY

THAT
INCLUDED

GENERAL

THAT
OF THE PARKE
AND THAT

SAID

DAVIS

AS

HE IS

ADMINISTRATOR

OF THE

TECHNICAL

WITH

AND COMPANY CLINIC
AND PROCEDURES

NEITHER

OF SAID

CLINIC

AND ADNILNISTRATIVE

THEREIN

FAMILIAR

AND PROCEDURES

THAT
IN

DUTIES

CONDUCTED

WORKINGS

WORKINGS

CONNECTED

HIS

SUPERVISION

OF RESEARCH

ASPECTS

AFTER

WILLY

THAT

TO THE

WILLY

OF

RALPH

THE

OF RALPH

OF THE

THE

LOCATED

AT

JACKSON

ARE ESSENTIALLY
UPJOHN

WITH

THE

PRISON

IDENTICAL

DM56

HE NOR ANY OTHER UPJOHN

ANY MANNER WHATSOEVER

AND PROCCDURES

WORKINGS

REPRE

RESEARCBF

CLINIC

IN

JATKSON

PRISON

WORK IT

THE

HAD POWER OR AUTHORITY

ANY

TO

INITIATE

CLINIC
THAT

AN

EXPRESSED

TO ASSIGN

INMATES

INTEREST

OF

HIM

TO

THE
IN

HAD

PRISON

TIME

TO

TO WORK IN

ASSIGNED

BEING

TIME

THE

CLINIC
THAT
INMATE

HAD

IN

EXPRESSED
THAT

HE HAD REQUESTED

THAT
DIRECTOR

WITHIN

THE

WHILE

DENIED

OTHERS

HAVE BEEN

COMMITTEE

TO WORK IN

KNOWLEDGE

OR APPROVAL

10
SO ASSIGNED
TO PERFORM

THAT

SPECIFIC
THAT

SO DESIGNATED

INMATE

TO

THAT

PARTIES

ONLY

WERE

REQUESTS

FILL

WITHOUT

CLINIC

IN

THE

WHICH

PRIOR

IN

INMATES

CLASSIFICATION

WERE

COMMITTEE

POSITIONS

SPECIFIC

TASKS

SPECIFIC

WERE

OR THE CLASSIFICATION

BY THE

TO

INMATES

PERSONNEL

SOME INSTANCES

PERFORM

THE

OF

WHICH

THE

INMATES

AND TO TILL

WERE

SPECIFIC

HAD NO NEED FOR SUCH ADDITIONAL

PERSONNEL
THAT

INMATES

OCCASION

ON ONE SPECIFIC
TO THE

ASSIGNMENT

CLINIC

BE

HE REQUESTED

THAT

AND

RESCINDED

SUCH REQUEST WAS DENIED

13
SERVICES

AT

THAT
THE

WAS PRCSRNT

INSIDE

DEPUTY

14

ONCE AN

RESEARCH

INMATE

CLINIC

IN

THE

WHICH

IN

SOME SUCH INSTANCES

RESEARCH

THE

12
CERTAIN

OF ANY UPJOHN

AND

THE

GRANTED

RESEARCH CLINIC

TASKS

TO

COMMITTEE

AFOREMENTIONED

THEY WERE DESIGNATED

11

POSITIONS

IN

CLINIC

THE

TO MAKE SUCH ASSIGNMENTS

OF TREATMENT

THE

TO

BE SO ASSIGNED

ARE

THERE WERE INSTANCES

DIRECTOR

PARTICULAR

WERE DIRECTED

WERE AND

AUTHORITY

SOME OF THE

BY THE

ASSIGNED

INMATE

OR THE CLASSIFICATION

THAT

THAT

ASSIGNED

SUCH REQUESTS

HAVING

PRISON

BEING

IN

BELIEVES

AFFIANT

IN

THE PARTICULAR

ALL

OF TREATMENT
WHICH

PRISON

INTEREST

AN

WHICH

CASES

SOME OF THESE

INMATE

CLINIC

AT THE

WAS ASSIGNED
THE

CLINIC

TO PERFORM

HOURS DURING

WERE FIRST

WHICH

APPROVED

SUCH

BY THE

WARDEN
THAT

ONCE AN

HE COULD BE GIVEN

INMATE
TIME

OFF

WAS ASSIGNED
IN

TO THE

ACCORDANCE

WITH

RESEARCH
PRISON

RULES

BY THE

PRISON

RECREATION

STUDYING

15

THAT

ALL

SUBJECT

TO APPROVAL

SPECIFIC

AND SECURITY

BY UPJOHN

THAT

CLINIC

BY THE

OF

SOME SPECIFIC

THAT

CLASSIFICATION
THE

INMATES

THAT

19

20
COMMITTEE

BY

THAT

AN INMATE
THE

22
ASSIGNMENTS

THAT

23

THAT

TO THE
OF

RESEARCH

TREATMENT
WITHIN

OR

TIIC

THE PRISOH

THE

TO

DOUBLE
WITHOUT

PERSONNEL

THE
TO

REASSIGN

WERE IN

HAS CONTINUED

ON THE RESEARCH

EXPRESS
THE

OR
KNOWLEDGE

CLASSIFICATION

INMATES

TO

OTHER

OCCASIONS

WISHES

PER DIEM

IN

THE

DEPARTMENT
BY THE

PER

OF

FOR ALL

ASSIGN

INMATE

CORRECTIONS

STATE
OF THE

DIEM

CLINIC

DENIED

PERSONNEL

WAGE RATES

RATES

AND

OR

REJECT

MAINTAINED

RESEARCH

CLINIC

HE

FOR THOSE INMATES

WOULD BEDIRECTED

THE

SUCH SUGGESTION
RECORDS

THAT

OF MICHIGAN

CLINIC

ANY SUCH REQUEST

UPJOHN

SOME INSTANCES

OF UPJOHN

AS ADMINISTRATOR

WARDEN WHO WOULD ACCNPT

25

ASSIGNMENTS

COULD OCCUR WITHOUT

AUTHORITY

OF TREATMENT

TO THE RESEARCH
THAT

JOB

AUTHORITY

SUCH REQUESBS

COULD SUGGEST CHANGES

24

PRISON

WAGES WERE PAID

THAT

AND

OTHER ASSIGNMENTS

WERE REASSIGNED

WERE SET BY THE

SUCH PER DIEM

ADMINISTRATIVE

PERSONNEL

ON VARIOUS

MENT AGAINST

WERE

BARERY

THE

UPJOHN

OR DIRECTOR

21

TO

INMATES

CELL

THAT

ASSIGNMENTS

RESEARCH

PERSONNEL

OF UPJOHN

APPROVAL

BY THE DIRECTOR

SUCH REASSIGNMENTS

THAT
TO

INSTRUCTIONS

WHO WERE ASSIGNED

OR THE

LAUNDRY

OF UPJOHN

BACK

FOR

AUTHORITY

WERE VETOED BY THE PRISON

COMMITTEE

18
APPROVAL

TO THE

BY UPJOHN PERSONNEL

PRISON

COULD BE REASSIGNED

SUCH AS

WAS ASSIGNED

INSTRUCTIONS

PERSONNEL

17

ASSIGNED

MEETINGS

REASONS

16

SO THAT

ATTENDING

OR OTHER REASONS WITH OUT APPTVAL

ONCE AN INMATE

CLINIC

CT

OF

PURPOSES

PERSONNEL

UPJOHN

00

FOR

AUTHORITY

REFLECTING

THE

ASSIGNMENT

26

THAT

SIMILAR

FORMS

OF INMATES

DAYS

TO THE RESEARCH

SUCH RECORDS

WERE KEPT

TO THOSE UTILIZED

CLINIC

UPON STANDARD

FOR INMATES

PRISON

ON OTHER PRISON

ASSIGNMENTS

27

THAT

FOR THE

MICHIGAN

TO THE RESEARCH

COMPANY REIMBURSED

UPJOHN
DIEM

PER

CLINIC

WAGES OF INMATES

PURSUANT

TO

THE

STATE

OF

WHO WERE ASSIGNED

AGREEMENT WITH

THE

CCRRECTJONS

DEPARTMENT

28
AT THE

THE

THAT

THE

PRISON

RESEARCH

UPJOHN

GUARD TO PROVIDE

ASSIGNED

SECURITY

CLINIC

29

THAT

SUCH GUARDS WORE PAID

30

THAT

THE

BY THE STATE

OF

MICHIGAN
UPJOHN COMPANY

MICHIGAN

FOR THE

WAGES PAID

RESEARCH

CLINIC

PURSUANT

COMPANY AND THE

THE STATE

ANY SUCH GUARDS FOR DUTY

TO AGREEMENT

DEPARTMENT

MAKE THIS

REIMBURSED

BETWEEN THE

AT THE

UPJOHN

OF CORRECTIONS

AFFIDAVIT

ON THE

BASIS

OF MY OWN KNOWLEDGE

6ZOA

LIALPH

SUBSCRIBED

AND SWORN TO BEFORE ME THIS

FEB

NOTARY

1970

PUBLIC

MY COMMISSION

COUNTY

MICHIGAN

EXPIRES
PAUL

OF

UOWI

NOTARY PUBLIC

JACKSON COUIITY

MARTH 10
MY COMMISSION EXPIRES

MICH
1973

DAY OF

FILED

OCTOBER

1970

AND DTSCRIFIION
OF EXHIBITS
OR EACH DOCUMENT

LIST

EXHIBIT
LETTER

C4

ENTITLED
INMAIE DETAIL
REQUEST FOR APPROVAL OF ROUTINE
EFFECTIVE
DATE DECERNBCT
1966
THRU
MONTHLY WORK DETAIL
1967
445 AA4 TO 2L0T00
SEVEN
DAYS
JANUARY 31
INCLUDED
UPJOIW CLINIC
THIS REQUEST
PER WEEK HOLIDAYS
20112
SHALL APPLY TO THE FOLLOWING INMATE GLANCY 50593
UPJOHN HEAD BLOOD ROOM NURS TO ATTEND WEEKEND AND
ORIGINATOR
OR
HOLIDAY MOVIES AS THE WORK LOAD PERMITS
AND
ADMINISTRATOR
REOUESTT
MR
UPJOHN CLINIC
WILLY
WARDEN
TUCKER
DEPUTY
APPROVED BY

PM

AI
A2

SAME

EXCEPT

104742

45412

MARLIN

EEG TECHNICIAN ON 24
630 AM TO 1030 PM

HOUR CALL

DATE
SAME EXCEPT EFFECTIVE
UPJOHN CHIEF CLERK 104742

SEPT

UPJOHN
BY CLINIC

HEAD CLERK

OFFICER

THIN

NOV 30

1966

TBRU

AUG 31

1966

45412

MARLIN

A3

SAME

A4

ENTITLED
INMATE DETAIL
REQUEST FOR APPROVAL OF SPECIAL
DATE DECEMBER
THIN
EFFECTIVE
WORK AND MOVEMCNT DETAIL
445
TO
AAN DAILY
UPJOHN
DECEMBER 20
1966
TECHNICIAN
HAS SPECIAL
WORK
CLINIC
UPJOHN
ORIGINATOR
OF REQUEST
PHARACOLOGY FOR FIFTEEN DAYS
MR
TUCKER DEPUTY WARDEN
WILLY APPROVED

EXCEPT

EFFECTIVE

EEC

DATE JULY

6T

AM

HW

A5

IJQTRAIJLPARTMENTAL

OF

HESSLER

CORRESPONDENCE

TO

DATED

CLASSIFICATION

81765

SUBJECT
FOLLOWS

FROM DESK
104742

PERTINENT
PORTION READS AS
TO THIS OFFICE
FOR
ABOVE NAMED INMATE HAS APPLIED
EMPLOYMENT IN THE UPJOHN CLINIC
THIS MAN AND FEEL HE WOULD MAKE
HAVE INTERVIEWED
THEREFORE IF IT
GOOD MAN FOR THIS ASSIGNMENT
AGREE
ABLE IN YOUR OPINION
AND THAT OF THE CLASSIFICATION
COMMITTEE
REQUEST THAT HE BE RECLASSIFIED
RESPECTFULLY
FOR THE 1011U
MESSIER ASST
ASSIGNMENT
SIGNED
UPJOHN CLINIC
ADMINISTRATOR

MARLIN

THE

WJ

A6

MR

THE
CHANGE ORDER 104742
MARLIN
ASSIGNMENT
WILLY
ABOVE INMATES HAVE BEEN PLACED ON THE 1011U ASSIGNMENT
DATED 82765
HANSEN DIRECTOR OF TREATMENT
SIGNED

GL

A7

THE

JOB
PAYT

IAW ORFLCLS

LEITSON

FLEAN

DEAN
HART PC
TUB CTRJ TOWERS
ONE

FREST STREET

FLINT

48

2N

UPJOHN
CLERK

050

PERSONNEL ROSTER NAMEMARLIN
DATE OF ASSIGNMENT
82666
MAXIMUM PAY
CLINIC

CHIEF

075

125

1104742
STARTING

LETTER TO DEPUTY KIRCHER
DATED JANUDRY 18
1965 AND SIGNED
ADMINISTRATOR
CLINIC
MR
WILLY
UPJOHN
PARAGRAPH
BY
TES GIVEN INMATE
FIRST
RESPONSINTLIT
PAGE DISCUSSED
EMPLOYEES
AND ON PAGE
THE FOLLOWING IS
PARAGRAPH
OF THE
TAKEN VERBATIM
IN ONE RESPECT THE RELATIONSHIP
TO
THE
CLINIC
IS
CLINIC
INMATE EMPLOYEES
UPJOHN
UNIQUETHE
DEMANDS OF NECESSITY
STANDARDS OF PERFORMANCE WHICH ARE
TO THOSE MAINTAINED
AT TNT UPJOHN COMPANY
OUR WOR
SIMILAR
AT THE CLINIC
WOULD HAVE LITTLE
VALUE IF THIS CANNOT BE DOME
ADMINISTRATOR
SIGNED BY
WILLY
UPJOHN CLINIC

CONTINUED

PAGE
EXB LB IT
LETTER
C4

INVOICENO
8485
INSTITUTIONAL
MICHIGAN
ADDRESS ATTEN MR WILLY
ORIGINAL

STATE PRISON OF SOUTHERN
SOLD TO UPJOHN CLINIC
102766
JACKSON MICHIGAN
XPENSES DUE STATE OF MICHIGAN AS PER THE ATTACHED
STATEMENT
PLEASE MAKO CHOCK PAYABLE
LO
STATE OF MICHIGAN
4000
COOPER STREET
JACKSON MICHIGAN
FORWARFLED TO KALAMAZOO FOR PAYMENT ON 11766
BY
ASST ADMINISTRATOR
FIESSLER
UPJOHN CLINIC
PAGE
UPJOHN CLINIC
BILLING
SEPTEMT3
INNATE WAGES
1966
55775 FDRWARDED TO XALAMAZOO FOR PAYMENT BY
FLESSLER
ASST ADMINISTRATOR
INMATE
PAY
UPJOHN CLINIC
PAGE
1011UPJOHN ASSIGNMENT MONTHLY SUMMARYGRAND TOTAL
OF LISTING
50593 GLANCY RECEIVED
55775
ITEM
FOR
30
3150
DAY
ITEM 26 OF LISTING
PER
DAYS
ILO4742
MARLIN
RECEIVED
3750
125 PER DAY FOR 30
CERTIFIED
BY RFWILLY
UPJOHN CLINIC
ADMINISTRATOR
DAYS

WJ

WJ

105

PAGES OF UPJOHN COMPANY KALAMAZOO PERSONAL TELEPHONE
ALL SUBSIDIARIES
30
LISTING
DIRECTORY
LISTING
OFFICES
COUNTRIES AND 29 PHARMACEUTICAL
SALES
INFOREIGN
OFFICES AND FLISTRIBUTION
CENTERS WITH OFFICE ADDRESSES
IN STATES OUTSIDE THE TERRITORIAL
BOUNTIES
OF THE STATE
OF MICHIGAN

F0RF

LAKE CENTRAL AIRLINES
FREIGHT DOMESTIC AIRBILT
UPJOHN RESEARCH CLINIC

INC

INDIANAPOLIS

NO 20YIP161993

4000

INDIANA

AIR

SHIPPER
JACKSON

COOPER STREET
JAMES ODONNEL GASTRIC
GENERAL
LABORATORY CINCINNATI
HOSPITAL
CINCINNATI
OHIO
DESCRIPTION
BOXES BLOOD SPECIMENS
OF SNIPMENT
PAID
FREIGHT BILL
12566
WITH CHECK NO 226
TOTAL CHARGES

MICHIGANTO

CONSIGNEE

DR

790

DATE NOVEMBER
1965
TO WARDEN GEORGE
XROPP
PRISON OF SOUTHERN MICHIGAN
4000 COOPER STREET
JACKSON MICHIGAN
SEE LAST PARAGRAPH THIS
LETTER IS
INTENDED
TO SERVE FORMAL NOTICE OF OUR INTEREST
IN
SECURING
AN
CLINIC
IN TBE TRUSTY FLIVI4ON
AND TO WK
THAT THE CORRECTIONS DEPARTMENT BE SO INFORMED THAT
DECISION
CAN BE MADE SIGNED BY RALPH
CLINIC
WILLY

LETTER
STATE

OU

ADMINISTRATOR

FI

FLOOR PLANS
OF CELLS IN

FOR REMODELING TEARING
OUT AND REBUILDING
10BLOCK AND ENTITLED
CELL BLOCX CLINIC
DALED NOV 19
JACKSON MICHIGAN
1965 DWG NO
OWINGS
BY SKIDMORE
MERRIIL
ARCHITECTSENGINEERS

SPSM
CSK99

F2

LETTER

STATE OF MICHIGAN
DEPARTMENT OF CORRECTIONS
1966 MEMO TO JOHN CONLIN DIRECTOR
JANUARY 14
PARKEDAVIS
CLINIC
AND RALPH WILLY
DIRECTOR UPJOHN
CLINIC
CEMENTS IT HAS BEEN AGREED THAT YOUR COMPANIES
WILL BE PERMITTED
TO CONSTRUCT IN
CLINIC
FOR
THE PURPOSE OF CONDUCTING SOME TYPES OF DRUG AND MEDICAL
RESEARCH FROM THE DESK OF GEORGE
KRDPP WARDEN
DATED

LAW OFFICES

AN

JLEITSON
FLFAN SEGAR

HART PC

GENESES TOWERS
ORJT

FIRST STREER

PUNT MIEN

48502

LO

PAGE

CONTIR

CI

EXHIBIT
LETTER

F3

INVOICE
HUN3ERFORD CONSPRUCTION
COMPANY GENERAL
CONTRACTORS 1425 WOODWARD AVENUE
BOX 5O7
JACKSON MICHIGAN
INVOICE
NO 6798K JOB NO 859
YOUR NO 341427
DATED OCTOBER
TO DR LLOYD
1966
STATE
LEZOTTE DIRECTOR UPJOHN RESEARCHCLINIC
PRISON OF SOUTHERN MICHIGAN
JACKSON MICHIGAN
RORE 12 OF PAINTING
CONTRACT REMOVE FIVE CELLS

PO

CONVERT

F4

INTO

CLINIC

THE UPJOHN COMPANY JACKSON CLINIC
1966
JANUARY 20
PROPOSE FUFLNITURE
AN EQUIPMENT NEEDS FOR THE TRUSTY
DIVISION
CLINIC
ADMINISTRATOR
SIGNED RALPH
WILLY
UPJOHN CLINIC
JOB CLASSIFICATION
WITH SUGGESTED PAY SCALE DATED
JUNE 11
L965WHEREIN
REFERENCE IS MADE TO HIRE
INMATES
SIGNED BY RALPH
WILLY
UPJOHN CLINIC
AND JOHN CONLIN
PARKEDAVIS
CLINIC
LETTER ATTACHED
DATED JULY 15 ON DEPARTMENT OF CORRECTIONS LETTERHEAD
ADDRESSED TO WARDEN GEORGE
KROPP AND SIGNED BII
GUS HARRISON
WHEREIN MR HARRISON GIVES HIS APPROVAL
TO NEW PAY SCALE SUGGESTED BY THE TWO CLINIC
ADMINISTRATOR

LETTER DEPARTMENT OF CORRECTIONS LETTERHEAD DATED MARCH
ADDRESSED TO MR GUS HARRISON DIRCCLOR
26 1964
ATTENTION
MR ROBERT BOASE RE INMAIE PAY CONFERENCE
SIGNED GEORGE
KROPP WARDEN CC MR CONLIN MR WILLY
WHITE
SWANSON

AR
G2

MEMOPANDUM DATED DCC 11 1965
TO MR ROBERT BOASE
FINANCE OFFICER
DEPARTMENT OF CORRECTIONS RE
OPERATION
OF UPJOHN
PARKEDAVIS
IABORATOTHIES
AT SPSM
SEE ITEM III
FIRST
PAGE INMATE WAGES REGULAR INMATE
PAYROLL BILL DRUG FIRMS COLLECT AND DEPOSIT WITH STATE
TREASURER
FROM THE DESK OF FMMCLAURY DIRECTOR OF
DIVISION
ACCOUNTING

03

FOLLOWUP TO THE MEETING HELD IN THE PARKE
DAVIS
CLINIC
AND IS
ON MARCH 12
1964
INTENDED
TO COVER
MATTERS WHICH WERE UNDERSTOOD AT THE TIME OF THAT MEETING
THE PARTICULAR
IN THE MARCH 12MCETING
WERE
PARTICIPANTS
DALE
LANE FOR PARKE
BOYLES JOHN
CONLIN
DR
DAVIS COMPANY DR CARL SLAGLE AND RALPH
WILLY FOR
UPJOHN COMPANY GEORGE
KROPP DR
BARTHOLICAFL
SWANSON AND JOHN WHITE FOR THE DEPARTMENT OF CORRECTIONS
STATE
PRISON OF SOUTHERN MICHIGAN
GUS HARRISON AND RJI
DBASE FOR THE DEPARTMENT OF CORRECTIONS
ITEMS DISCUSSED
WERE ITCM
INMATE
PAY FOR INMATES ASSIGNED TO THE
CLINIC
JOBS OTHER ITEMS DISCUSSED PERTAINING
TO COMPANY
EXPENSES FOR CUSTODIAL
COVERAGE BUILDING
MAINTENANCE
LAUNDRY PROTOCOL COMMITTEE UTILITIES
CHARCES SIGNED
DY GUS HARRISON DIRECTOR DEPARTMENT OF CORRECTIONS
NOTE STATE PAYS CUSTODIAL OFFICERS ASSIGNED TO CLINICS
ON STRAIGHT
AND COLLECTS ON STRAIGHT TIME AND
HOURLY BASIS
ONEHALF HOURLY BASIS FROM THE TWO COMPANIES
TTHIMORANFLUMZ

AZ
FM

LAW

DEAN
DEAN SEGAR
HART PC
MIS
7OWR
EITSON

NK

UNT

IFCST

141CM

TRRRRR

4S

CONTINUED

PACE

EXHIBITS
LETTER

G4

MEMORANDUM REPORT OF MEETING

HELD IN THE OFFICE
OF THE
OF CORRECTIONS ON FEBRUARY 25 TO DISCUSS
THE
OPERATION
OF THE MEDICAL
RESEARCH CLINICS
AT SOUTHERN
MICHIGAN
PRISON
ITEMS DISCUSSCD
CUSTODIAL
COVCRAGE
REIMBURSEMENT BY COMPANIES FOR
SECURITY PERSONNEL
PRQVIDE
THE
BY
PRISON
CIVIL
SERVICE
INMATES
CLINICAL
PERSCNNCL REIMBURSEMENT BY COMPANIES FOR INMAIE WAGES
SEE ITEM
THE PRISON COULD 5UPPLY ALL LINENS AND
LAUNDRY
SERVICE
FOR LINENS
AND LEVY
REASONABLE CHARGE AGAINST
THE COMPANIES
HOWEVER IT MAY BE PREFERABLE FOR EACH
COMPANY TO SUPPLY ITS
OWN LINEN AND LAUNDRY SERVICE
SEE ITEM
INSURANCE
THE DEPARTMENT OF CORRECTIONS
WILL
LIST
THE BUILDINGS
WITH THE STATE
INSURANCE
FUND TB
COMPANIES WILL
INSURE THE BUILDINGS
AND CONTENTS WITH
COMMERCIAL CARRIERS
SIGNEDT GUS HARRISON DIRECTOR
DEPARTMENT OF CORRECTIONS
DEPARTRAENT

ENTITLED

JOB DESCRIPTION
STAFF PHYSICIANJACKSCH
PRISON
RESEARCH CLINICT
OBJECTIVEST
THE PRIMARY OBJECTIVCS
OF
THE STAFF PHYSICIAN
ASSIGNED TO THE JACKSON PRISON RESCARC
CLINIC
ARE SEE ITEM
FOR HIRING
PAGE
AND RELEASING
OF INMATE HELP

LETTER

DEPARTMENT OF CORRECTION
LETTERHEAD DATED
1965
ADDRESSED TO MR
MCTAURY DIRECTOR
AEDOUNTING
DIVISION
DEPARTMENT OF ADMINISTRATION
LANSING
L4ICHIGAN
ATTENTION
NR DONALD
POWERS SUBJECT HEATING
CHARGES TO PAREDAVIS
AND UPJOHN CLINICS
LETLER
COMMENCE
WHEN ARRANGEMENTS WERE ORIGINALLY
MADE IN MARCH 1964 FOR
CHARGING THOSE DRUG FIRJ1S FOR HEAT FURNISHED
THEIR CLINTC
BUILDINGS
SIGNED
SWANSON BUSINESS MANAGER

DECE

AR

MEMORANDUM DATED AUGUST 18 1965
TO INMATE EMPLOYEES
RESEARCFL CLINXCS
FFOCTIV DATE AUGUST 16 1965 ANY
INMATE

EMPLOYEE ARSIGNED
TO THE UPJO OR PARKEDAVS
CLINIC
WHO IS OFF ASSIGNMENT
FOR
PERIOD EXCEEDING THREE
DAYS SHALL NOT BE COMPENSATED AT HIS DAILY
RATE OF SALARY
STARTING WITH THE FIRST DAY OF THE ABSENTEEISM
SIGNED
RALPH
WILLY UPJOHN CLINIC
AND JOHN
CONHIN PARKE
DAVIS CLINIC
MEMORANDUMS
PROTOCOL
OF THE CLINIC

56

LAW OFFICES

LEIYSON DEAN
NAAN SECAR

HART PC
US OTNESSE T6WTPG
OFLE

LINT

FIRST

STR

MOH 4E1
255A031

TO

5LN12

BLOCKS
SUBJECTZ UPJOHN CLINIC
SEE SECOND PARAGRAPH AN TNMATI
EMPLOYEE
SIGNED ITS
KIRCHER DEPUTY WARDEN

LETTER
HANSEN

DATED FEBRUARY 22
1966
ADDRESSED TO MR GERALD
DIRECTOR OF INMATE AFFAIRS
SPSM WHEREIN MENTION
IS MADE TO INNATES
OF OUR
AND SIGNED BY
RALPH
WILLY
ADMINISTRATOR
UPJOHN CLINIC

EMPTOY

PAGE

CONTINUED

C4
LII

EXHIBITS
LETTER

AB

INTEROFFICE
MEMORANDTM4 TO LA
LEZOTTIVROM
VARLEY
1966 MEETING WITH GUS HARRISON
SEPTEMBER 29
DATE OF OCTOBER
1966
HESSLERSEELLEXT
COPIES TO
WE SHOUL
TO LAST PARAGRAPH WHEREIN REFERENCE IS MADE
FILE HERE IN KALAMAZOO CONTAINING
HAVE
COPIES OF ALL
LETTERS AND MEMOS WHICH ORIGINATE
AT JACKSON AND WHICH PER
TAM
TO THE FUNCTION OF OUR UNIT
AND LAST PARAGRAPH IN
WONDER IF YOU WOULD BEGIN TO CONSIDER
FULL
TINALLY
WHAT CIVILIAN
PERSONNEL WE WOULD NEED TO RUN THE JACKSON
UNIT EFFICIENTLY
IF INMATE LABOR IS IN THE FUTURE DENIED
AS
RESULT OF TIW PGESENT FEDERAL MINIMUM WAGE LITIGATION
IT
IS
MR HARRISONS OPINION THAT THEY COULD CONTINUE
TO SUPPLY US WITH INMATE HELP FOR MAINTENANCE INASMUCH AS
THE BUILDING
IS
THE PROPERTY OF THE STATE
NOPE THIS
MONTH PRIOR TO THE FILING
OF CIVIL
ACTION
LETTER DATED

SUBJECT

WJ

TO

29149

COPY OF

1121

PROTOCOL

COPY OF PROTOCOL
THE DRUG ORINASE

LAW OFFICES

LEPRSON

DEAN SEGAR
CC HART
PC
IO QRNE TOWEAS
ONE

RLINR

7ROT STREET

MRCJ
FLS455S1

488

JACKSON

MICHIGAN

PRETAINING

TO

251FLINCOSIN

96

DAT

MAY 23

1966

PERTAINING

TO

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MONTHLY WORK DETAIL

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DEAK

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ABOVE NAMED INMATE BAA APPLIED TO TIAA
IN THE UPJCIFL CLFLIC
OFFICE TAR EZNPLAYNIENT

AS

INTERVIEWED THIS MAN AND TEE HE WOULD MAKE
THERE FORE IF IT
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IS AGREEABLE IN YOUR OPLONTON AND THAT OZ THE
RESPECTFULLY REQUEST
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THAT HE BE RUCLASSIFIED
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HAVE TALKED WITH MR AM YOUNG PERSONALY
BE IS WIFLING
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ASSIGNMENT

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MR
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IF

JANUQ

18

1965

DEPUTY LURCHER

11565

FRIDAY

WHILE IN KALAMAZOO
HAD
TALK WITH
VARLEY
THE JACKSON CLINIC AT
LENGTH AMONG THE PROBLEMS WE
COVERED WAS THAT OF OUR RELATIONSHIP WITH
INDICATED THAT
CUSATODY
HAVE
EXPRESSED ON MANY OCCASIONS THE DESIRE TO
COOPERATE COMPLETELY WITH THU
DEPARTMENT
VARLEY WAN OF THEOPINLON THAT TBIT INTEREST IN
SHOULD BE FORMALIZED

DR

DISCUSTED

DR

YOU

PARKEFLA

THE

FREE ENT SPECIPI

AND UPJOHN CLINICS

THE

AREUNIQUE

TO

AHAHCONCE

PROBLEM TOCTUTADY

THE PRISON

AND

MYSELF ONLY WILH

IN

THE PROBLOMS ARISING
CONCERN TO CUSTODY AND TO

ZQ

IN

US

THE OPERATION OF THE CLINIC
WHICH ARE
CAN BE DIVIDED INTO EVENL CATAGORIEA

BUILDING

DESIGN

SECURITY

OF SUPPLIES

GIVEN

ESPONNIBLLITCRJ

RENPONSIIAIIIK
BUILDING
EFFICIENT

DESIGN
CLINICAL

THE

CONID BE HANDLED

FROM

NUMBER OF

PROBLENIC
STORAGE AREAS LIMITED

SECURITY

UPJOHN
IN

FACILITY

WHICH

VISION

ES

OFFICERO

DESIGNED
OF

IN

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WITH DOORS MANY
LARGE AREAS OF THE BUILDING

LARGE

OR

AE

WIDE VARIETY

CUETODIAL

IE

CLINIC

ENI

INNIATE

CUSTODIAL

STANDPOINT

NUMBER OF

RCON

OF SUPPLIES

THE NATURE OI OUR
AT THE CLINIC
INVOLVES
EQUIPMENT AND DRUGS WHICH AR OFTEN CLASSIFIED AC
HISH SECURITY
BY CUSTODY SOME MAINTENANCE AND LAB
EQUIPMENT IA ALOE OF CON

THE USE OF

ITEMS

WE USE SPECIAL PROCEDURES FOR
HANDLING
OUR SAFEST FACULTIES FOR
STORING THESE ITEMS

SUCH ITEMS

AND

IVE

TIEVERBEEN MADE AWARE OF THE LOSS OF
ANY OF THE SPECIAL
THE POTENTIAL
IS
ALWAYA PRESENT AND PERHAPS IT WOULD BE OF
SOME
TO EVERYONE IF
PROCEDURES FACILITIES
AND REPORTING SYSTEMS
BE REVIEWED BY
CUALTODY
PERHAPS CXPIERVNCE
GAINED IN THE PRISON
HOSPITAL SHOULD BE TAKEN INTO CONNIDORATION
MECURITY

ITEMS

RESPONS1NILIT1
GIVEN IN7AATE
UPJOHN CLINIC LNVOLVEA NOT ONLY

ALSO
IT

MUC OF

LARGO

OTAF

TAO

RM
NU

THE RNIANION

LARGE

OF ININATS

NORK IS VERY INVOLVED
WAR THL EASON
LARGE UTA OF NURCES TECHNICIANS
REQUIRE

THE

99
II

REF

LTDTTAJC4A

US

TWA
14Q

OF THE

SUBJECTS

BUT
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LIR

DUPPORTING

OREGJNAC

NO

STATE PRISON CE SOUTHERN MICHIGAN
SOLD TO

UPJOHN

ADDRESS

ATTN

INSTRRURIONAL

CLTHIC
NE WILLY

JACKSON
ORDER

STA

EXPENSES DUE STATE
PER THE ATTACHED

MICHXGAFL

FOR
PAY

MICHI
492

ARDED

ML PO

ENTO

II

LM4HUJUJHUJP

HCNOWOOO

TO

10

LII

OI

UTOTA

WNW

NO

AN

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TW

102766

AS

TO STATE
PLEASE MAKE CHECK PAYABLE
4000
COOPER STREET JACKSON MICHIG

UUOC

8485

WJ

NT

II

TKTZ
EXHLBTT

TTFJOM

CR

BILLING
1966

SEPTEN2ER

7

SEPTEMBER

WAGES

INMATE

SALARIES
T9 UPJOHN

600

J16
3LB

HOURS
HOURS

300

OVERTIME

TO AOVOR 005T
YLUS
AND TNNPLOYEE RETIREMENT

28…O0

T89600

2841

QLTBOO

OF

SERVCO

CIVI

0976

ANDSERVI

INSTALLATION

UTILITIES

ELECTRICITY2

WATER50625

COLD

WATER33QS

MISC

489

TJ510

SALT

KWH

PER

TQ

HEATI402

MILLION

UH

GAL

212

FUEL

0912

BTU

PINS
402 MILLION
COVER COST OF INCIDENTALS

750

PER 750

IJ92

32

GAL

32

GAL

1322

PER

4LG1

239

017 PER NM

AL

ZSEWE RAGESL4W4SO GAL
0912
11260

EXTENSION

AT TELEPHONE

1085
HOT

PP

FOR SEPTEMBER

POSTAGE

IV

ZC

PERSONNEL
WAGES OF CUSTODEAL
1966
FOR PERIOD OF SEPTEMBER

2023

750

GAL

483

PER MILLION
6237 PAR MTLLI6N
AND OVERHEAD

1027

2317
TO

CZL

TOTAL
ON ELECTRICITY
CREDIT
DUEUPJOHN CLINIC
LIOTE
SFSM BY
FACTOR
CORRECTION
SUPPLIED
DUE
TO
CHARGES
THIN
CONSUMERS ROWER COMPANY FOR PERIOD MARCH 1966
AUGUST 1966

TOTAL

42S378

PORWARDEDTOML

MLNTON

II

TTB

IF

AAA

DAY

NAME

AMOUNT

PTP
IT
5MG

ZUNLOHN
ASLJWNT

MONTJIJJY

NUMBER

301

TATH

DAYFL

GRAND TOTAL

SUMMARY
NU31IER

NAME

48733

SAWTCK

15

00

50

30

107000

BAILEY

50593

GARICY

31

50

LOS

30

1071A3

52145

FLANIELSON

15

00

50

30

55191

MAY

22

50

75

61569

DAVIDNOU

1500

50

65238

LEE

66180

ANGERN

30

30

107254

1LATNAGEL

50

30

11078

BRACK

21

70

30

118886

MCFLARNARA

21

70

30

STAGER

3750

125

30

74593

MINK

1275

75

17

75606

DA1

1050

35

30

MOVIS

40

30

16

2250

75

30

KBARMS

80918

CRAIG

15

11111

87776

00

30

ODI

30

50

75

50

75

89513

CAIBREATH

89679

CRENFLLA

91018

WARD

1800

91681

PHLILIPN

1800

60

92690

SPANN

1800

60

30

93561

VILBORN

2250

75

30

96507

NAWRCCKL

1050

35

30

96773

BROWN

75

30

104247

MANCTI

22

30

90

22

50

60

30

50

MARLIN

K01742

37

KRTRR
RRTG OIL IUNSO
UTL RO

LI

ONE
LILT

15

50609

DEDEAUX

81245

IIRAE4

AOLOUUT

410

QUO

FYA LIT

FLATE

50

1ZS

80512

II

00

37S0

769Z9

AMOUNR

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THE OPERATION

THAT IN ADDITION
TO THE
VARLEYS INFORMATION
HAVE TWO MORE CIVILIAN
LULL
TIME AT
VORKIN
WITHIN
AN
AND
LAB
TECHNICIAN
IT IS
YEAR
THESE
CCRTAINHCIN
MEN WILL BO HIRED AND INSTALLED THE
JUNE
9I0 LAB TECHNICIAN IN SEPTEMBER

CLINIC

THANK

CLINIC

AND UNDERSTANDING ANYTHING WHICH WE CAN DO TO
MEETING WITH SOME OF THE CAPTAINS
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MD PHD

14

44

LIVE

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15

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PAGE2
HYPOGIYCCT

96

ACTIVITY

THREE DETERMINATIONS
IN ADDITION
VATS TO NSCECTA THAT THE LEVEL
ON DAYS PRIOR TO TRCATNE
PO
WILL START FAST AT 400

IE

INTCR
YDS WILL BE PERFORMED AT WEEKLY
100
MG7
OF FASTING TRUE GLUCOSE
OF

FLAY

IE

FLAY
DAY
STATE THROUGH 400

ADMINISTRATION
REMAIN IN THE FASTING
BE DETERMINED AT 500

DAYS OF

ON THE

AI

DAY

FLAY

DRUG

14

ALL

AND

SUBJECTS

I5

ALL

BLOOD

PM

SUBJECTS
AN 1000 AM
AM 600 CM 700 AM
GLUCOSE WILL
SINGLE
BE
ADMINISTTREAS
IDLI
AND 1200
NOON 200 PM AND 400 PM DRUG
THERE
FTSTING
CONTINUE
WILL
DOSE OF FOUR TABLETS AT 600 AM AND SUBJECTS
INTAKE
OF WATER
ALLOWED
ONLY
AFTER BEING
THE OVERALL

SCHEME OF THE

STUDY MAY

BEOUTL1

AS

FOLLOWS
DAY

WEEK

2L

BSXS
RX

EAST

PM

SOFT

PTAI

ESXB

FAST
PM

6AM
END FAST

MITRIBIN

FAST
PM

SSXS
RX

6AM

6AZM
END FAST

END FAST

4PM

4PM

PM

ALKALINE

15

14

PHOSPHATASE

PRECAUTIONS
HERE IS WITHIN THE RECOMMENDED
ADMINISTRATION
BE ANTTCI
FELT
THAT
NOT
ANY UNUSUAL REACTIORS NEED
RANG FOR CLINICAL
HOWEVER THE SUBJECTS SHOULD
SINGLE DOSE EXPERIMENT
ESSENTIALLY
PATED IN TIIFS
AS
KNOWN FYRA
BE CAREFULLY FOLLOWED AND ANY UNTOWARD REACTIONS REPORTED
IT
IS NOT
23
AT
NAY
AFTER PROLONGED ADMINISTRATION
IS HEPATOTOXIC
ZINATIDE
THIS
BE
WILL
II
TINES
ALONG THESE
THAT ANY DIFFICULTIES
SINCE

THE

DOSE

OF

ACT

ERCTN

ACUTE EXPERIMENT
THE LIVER
BATTERY
AT

INTERVALS

PYRAZINARNIDE
USE IT IS

UNTIL

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THEREISEVIDENG

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TO ACQUIRE
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EXCCPT THAT IT ROULD BE
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OR OPONZORCD INUNZANCO AND ANY OTHER APPLCAB

BASIO

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COATS

TMNIRN

TOLANTCCRRI

ATTACHED IS
2INOLUDNG
COMPANIES

DD
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BY ROGTDAR PRI5ON PERFLORMOL
CHARGEC TO THC COAPANIOZ
411 BO
TO WHAOH WFLL BO ADDED
OF
BI11IN
TO COTOR THE STATES XNANCTNG OF CIVFL

SCHEDULE

THE
TIILL

CURRENTLY APPROVED RONCNRCH ACTTVITIOA
FOR INNATE PARTICTPATON
THC

TO BE PAID
PAY DRUCTLY INTO

TSCONNTA

THE

APPROPRIATE

INNATE

ACCOUNT

PAY
THO LOLLORING RATES OF PAY HAVE
ASNGNOD TO CLINIC
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PORTERS

200

CLERKS
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TO SERVE AS
THROUGH THE COMPONIEN
THE BSSIO
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THE INNTTTNTICN

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BE COMPILED
THE HEALTHY
AND THE
P4NELN WILL
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MEDG
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VIII
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PHYELOIANT822NRNERRCH

STAN

CLINIC

OBJECTIVES
THE PRIMARY OBJECTIVES
ARET
RESEARCH CLINIC
TO

OF THE

DIRECT
CROUP INTO

THIS

DEVELOP

THNRRNNCOTCGY

STAFF

ASSIGNED

PHYSICIAN

AUAA

TE

CAPABLE

TIN

TO THE JACKSON PRISON

UNTT OF THESPJIGHFL
NND EXPERIENCED

TRAINED

CLIN
ELINICAL

UNIT
SUPERVISE THE TESTING AND EY1134SAOFL
EXPEDITIOUSLY
THFS INSTITUTION
TO ATTIDYAT
DRUGS APPROPRIATE
TO

TO

NEW METHODS FOR CLINICAL

DEVISE

OF NEV UPJOHN

PHARMACOLOGIC EVALUNTION

OF NEW DRUG

ENTITIES
BETWEEN THE CLINICAL
DEVELOP MUTUAL LIAISON
AND THE CLINICAL
RESEARCH
CLINIC
JACKSON PRISON
MEDICAL
CENTERS
ONE OR MORE UNIVEROITY
TO

RESPONSTRILITIES

TA

PHARMACOLOGY UNIT AT THE
OF
PHARMACOLOGY UNITS

RESEARCH CLINIC
IS
TO THE RESEARCH PROJECT AT THE
PRIMARY RESPONSIBILITY
AND
MEANINGFUL AND
WELL DESIGNED
THAT PROTOCOLS ARE APPRVPRIATE
TO ASSUIE
MEET STANDARDS OF SAFETY AND ETHICS OF COMMUNITY
RESPONS
CLINICAL

PHARMACOLOGY STAFFBOTH

INMATE

TRAINED

TRXLEZPERT

AND CIVILIAN

ASSURE THAT CLINIC
TO THE JACKSON PRISON ADRNJNISTRATIONTFL
RESPONSIBILITY
ADMINISTRATIVE
POLICIES
AND
IS
OPERATED ACCORDING TO SECURITY AND PERSONNEL
OF THE JACKSON PRISON ADMINISTRATION
TO

DEVELOP

NEW METHODS FOR

EVALUATING

AND SCREENING

NEW DRUG CANDTDATES

MEMBERS OF
THE ACTUAL RUNNING OF STUDIES DESIGNED BYOTHER
SUPERVISE
STAFF
TH
MEDICAL
THE UPJOHN MEDICAL STAFF AN REQUESTED BY
TO

REPRESCNT UPJOHN AT PROTOCOL EVIEW
ADMINIATTFTTIVE
RTWCTINGT
TO

TO

DEVELOP

AN ORIGINAL

CLINICAL

CONNITTEE

MEETINGS

AND AT PRISON

RESEARCH PROGRAM AND MAKE ORIGINAL

CONTRI

BUTTONS
AWPHORTNES
PINSI

UPJOHN TEVIEV

TCHCDULING

ALL

OF ALL PROTOCOLS

DTUDICFL

RTTD

AT

PRINON

CONDUCTED NT THE ZACKAON RISON

RAA2I

RESEARCH CLINIC

ID

MEDICAL JUDGMENTS DURING ATUDYFO
STUDY FOR SAFETY OR OTHER REASON
FOR
TP

H1XTNG
REPRESENT

RETHIMING

THE

CONMTTTEO

VVN

STOPPING

DRUG OR DISCONTINUING

OF INMWTE HELP
TO PRISON

ADMINTEE4TIB

IF

F1

BET

IF

ADVPKO

2865

16A

THE

PROTOEOL4TEVIEW

OP

STATE

MICHIGAN

OF

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TTAFL

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TDCJJ

IT

DOOONBOR

1965

JI

4T
IL

HR

14

L4OLAURY

ADNINIATRNTION

DOPARTZNONT

10

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ATTENTION
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XR

SUBJECT

PR

POWERO

FLONALD

CHARGES TO PARKEDAVIA
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FLOATING

AND

VFL

1964

XNADA IN LINROB
ORRANGCMONTS WORN ORJTHALLY
CHARGING THENO
FOR HEAT FURNISHED
IT WANE
BASED ON
BUILDINGS
01
OF DTU

TAR

CJTNIC

AT

NOCO
AB

ANO

MOTORS HAW NOW BEEN INSTAFLOD
AND WE HAVE THE
BASIS TAR THE MONTH 02 OVENTCR
WE WOULD
TO HAVE YOU ODVISO
AON AS PCSSIBLO
TTCIT
THO INTO OT CHSXRGO AHOUL4
AND HOW DISTRIBUTCD
013
TO ACCOVNTS
DLVOION
PORHAPA 1R RALPH SOELOY OF THO BUILDING
CHRN BO
EVIL

ON THAT
THORORORO
ROADINGA

1V

CON

TI

RNTNYON

KT

ADVLO US
VERY

OON

TIC

0H1

PRZ2O OX

RT

IT

YOURLJ

SOUT2

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3W

UFL4TGA4

ANT

ZRC
LTR

DOEASO

MICHIGAN

GZA2R

KY

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PONRITBIA

H44ACLA

N4IIBIT

77W

LB
41
CA

AUGAAT

TOT

LRUM4BO

4AETFRCTIVT3T

ENPLOYOOS

AU

VHAFL

1965

AS

AI

NOT BE COMPCNAATED

AT

DAY OF THE

FLINT

IDA

THE UPJPFR OR

TO

TSHOO OTT GOQGNMENT FOR

THE

1965

NOOOARCN

SA2PA

ANY

CINC

16

IS

THRAN DNYN

PETOD
RATE

DAIL

PATKO PAVIE

AT

NN

OTARTING

ABAENTEOIARU

JR

ER

EFFECTING

CUSTODIAL

QQD

THIS

POLICY

ARC
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DETENTION

FROM AEAIGNNANT

CUNSA

CHCO7

STI

11

NNLHF
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WILLY

AJP4OHN CLINIC

‰TT

17

OHNH
IL
IARKO

DAVIS

CLINIC

TO

IILUCS

SUBJECT

UY30FLN

CLINIC

56

YHVOCOT

THEN OR THE ABOVE BLACKS RECENTLY RECEIVED
LETTER FROM
AT
WILLY NPJOHN CLINIC
IAN REGARDING THE
CERTAIN
INRRNT IN TM BLACK THIN IS BNING DONE
LITNINATE
TRNFTIC
AND
LIZTT
OI NNRLON AND
AT
TO BE
MEDICATED
IS
ATTACHED HERATO

PR

NWN

ST

AN INMATE RRPLOYEO OF THE CLINIC
WHO LOAKN IN THE BLOC HNE
BOON DONIPNATEA
TO DO THE TWDICATION
AND DETAILO
ROVERINP HIS
AT TW PROPER TIA
HCWO BOON
FE WALL PICK
THI
AT TNI CLINIC
AND RETURN TO THE BLOCK TO NEDI
ENTO
INTNTO

MT DE
SLA

COMP1D

4180

9TJJ

IN

PIN NROSENT DETAIL
UNLORK TO NRDICATO
5200 AD4 AND
30

PM

20HLA

A9T79

CRIENIFLO

1ETAILS

YUAVE

LT

9A773
RETAILS

IN

HAVE BEEN

RIEN

AT

L2
FL
IN

BEEN

HIM
EROL4N

5BLACK

PNRMIT AN

ITISU

INSUED

FOR

FOR

HIM
THIS PROCEDURO WILL BEGIN
AND CUSTODIAL
PERSONNCL WILL

AM MONDAY

AT 5100
BE EXPECTED

TO COOPERATE

1Q
REPTY

00

CAPTAIN

ATAN
CAPTAIN

MR

JILLY

CHAMBERLAIN

JN
PJOHN
ALDVDN

SHIFT

210

LUA
CLINIC

RILE

170A

SHIFT

WARDEN

211TH

FULLY

LII

ZEBRUARY

22

1966

MR

OCRALD HANCEN
DIRECTORCF INMATE AFFAIRS

MR

DEAR

HANSEN

THE UPJOHA

COMPANY IN PURE TILT OF
PROGRAM TO THE

OFFERING APECIAL TRAINHICC
HRU
TAR BARRY
IN THE

ENPOJM

MR
O7 CNRO1RCA
HOME

2ICINAGOL

ELECTRONICS

THAUPJOHN
OF

COZNNS

HAC

J1

IT

VI

OUR PROGRAM OF
FNRNNTE OF OUR
T2IQ7ZS4

STUDY COURAC

11
AG

II

NO

THE ENTIRE COFL

SINCORCLY

RALPH
WILLY
ADMNINLNTRATOR
UPJOBN CLBDC

CC DUO

AND

NTO
QOLES

TO

LEZOTTE

TO

SPTCZIBC

SUBJECT

FROM

IR
MR
AT
TO

THE

ON

TNCETINA

REACHED

1966

29 WITH GUS THRRLSON THE SUBJECT OF GIFTS
OF CORRECTIONS PERSONNEL WAS BROUGHT UP BY

HARRISON
WHILE
AN SURE THAT
THINK IT WOULD BE WORTH
PRACTICET
SIONS

WTH

XCETIN

SCPT

OEPART

AND

OCTOBER

DATE

VARLEY

1966

UARRISO

GUS

FRONI

MR

HARRISONS

HAVE

NO

RCCRNPHASIZTNG

BEEN GUILCY OF THIS
AGAIN THE CONCLU

COWRCNTS

THERE SHALL BE NO GIFTS OF ANY KIND GIVEN TO EITHER IVWNARES
OR
STATE PERSONNEL FOR THEIR PARTICTHATION
IN ANY MY WITH OUR RE
SEARCH PROGRAM
THIS INCLUDES CANDY AND CIGARS AT CHRISTMAS

TIME
THE STATE

SENSIFJIVE
ABOUT DISTRIBUTION
PARTICULARLY
AND EVEN
POSSESSION OF CIGARETTES BY TTMATES WORKING IN OUR
OR ON OUR RESEARCH STUDIES
BUILDING
THINK THAT WE SHOULD BE
COGNIZANT OF THIS INASMUCH AS CIGARETTES ARE
ME
PARTICULARLY
DIUN OF EXCHANGE WITHIN THE PRISON
IS

SUSPCE

COFFEE

TO INMATES
ASSIGNED TO WORK IN OUR BUILDING
IS
PERMISSIBLE
UNDERSTAND THAT IT IS
PARKEFLAVIS
POLICY NOT TO MAKE COFAE
AVAILABLE
TO OUTPATIENTS
IN THE BUILDIN
FOR STUDY PURPOSES ONLY
AND
BELIEVE
IT WOULD BE WELL FOR US TO FOLLOW
SIMILAR
POLICY

LUNCHES FOR STATE EMPLOYCAS IF
CLEARLY IN THE LINE OF BUSINESS

NOTE

FREQUENT AND WHEN

ARE PERMISSIBLE

GATHER THAT PARKEDAVIS THROWS SOME KIND OF AN ANNUAL BANQUET
THE STATE PERSONNEL WORKING OR INVOLVED WITH THEIR
RESEARCH PROGRAM
IF
THIS
CAN BE DONE IN
LEGITRNATE WAY AS AN
INFORIACTIONDISSEMINATING
IT
IS PERMISSIBLE
IN HARRISON
FUNCTION
FOR SOME OF

OPINION
OUR DISCUSSION ALSO LED ME TO CONCLUDE THAT WE SHOULD HAVE
FILE
HERE
IN KALAMAZOO CONTAINING
COPIES EF ALL LETTERS AND MEMOS WINCH ORIGINATE
AT JACKSON AND WHICH PERTIMIN
FUNCTION OF OUR UNIT
TO THE
WOULD YOU AT
RANGE TO HAVE
COPY OF SUCH COCUINENTS CORWARDED TO
AND HAVE
MACGO SQL UP
FILE SYSTEM SO
WE CAN HAVE
ALL
COMPLETE RECORD
TRANSACTIONG AND
FRONT JACKSON

KIA

TB

COTH

WONDER IF YOU WOULD BEGI
WE WOULD NEED TO RUN LIIC
JACKSON UNIV
THE FUTURE DCFTED US AS
RESULT OT
UR HARRISON
ON2FL
US WT LA
HEN ROR

FINALLY

XALL ITJ

5V

TO

ONS WHAT

V2 AN

SENT

PCDC

TE

ECU

AS

NU

AC

TO

PKO

PERSONNEL

CICNTLY

EXHIBIT

TO

UN

CLINICAL

PHARIACOLOGY

STATE PRISON
PROTOCOL

U212517

OF SOUTHERN MICHIGAN

NO 88

7CHIOROLIXICOMYCIN

PHASE

JACKSON

MICHIGAN
PROTOCOL

HYDROCHLORIDE

NO

002

SINGLE DOSE BLOOD LEVEL URINARY
ESCRETION AND FEED EXCRETION STUDY

DWW
OSTER
MEDLAR

ND
MD

JAEKAON MICHIGAN

NONITOR
PHONE

WAGNER

PHD

616

EXT

3453571

7689

616

HOME
RI 94689

PURPOSE
TO

COMPARE

SRUM LEVELS

URINARY EXCRETION AND FECAL EXCRETION FOLLOWINS 250
SIRGIE ORAL DOSES OF 7EBLOROLINCORNYCIN
HYDROCHLORIDE AND 500 MG
DOSES OF LIN6ORNYCIN
SINGLE
HYDROCHLORIDE IN DIFFEREPT
SUBJECTS THAN
EMPLOYED IN THE PREVIOUS PROTOCOL 001
SPSN PROTOCOL
STUDY THIS
DESIRABLE BEFORE PROCEEDING TO MULTIPLE
STUDY IS
DOSE STUDIES
IN
MAN WHICH
WILL REQUIRE MORE EXTENSIVE
ANIMAL TOXICOLOGY THAN PRESENTLY AVAILABLE
AND

500

TNG
ORAL

NO71

INTRODUCTION
THE
PREVIOUS PROTOCOL 001
SF514 PROTOCOL NO 71 STUDY U21251F
NS
ADMINISTERED
IN
DOSES 5500
INCREASING
TO THIRTYSIX
NORMAL MALE VOLUN
TEERS
TO DETERMINE
THE SINGLE
DOSE TOLERANCE
SERUM LEVELS URINARY EXCRETION
AND FECAL EXCRETION

MG

TC

NO CONSISTENT GROSS CHANGES IN VITAL
SIGNS
PULSE BLOOD PRESSURE
AND RESPIRATION
WERE OBSERVED AND NO STATISTICALLY
DIFFERENCES
SIGNIFICANT
FROM LINCOMYCIN
WERE FOUND
HEADACHE OCCURRED IN NINE SUBJECTS SEVEN ON
IJ21251F
AND TWO ON PLACEBO
FOUR SUBJECTS TREATED WITH
SINGLE ORAL DOSE
OF 500 TNG TWO ON U2I251F
AND TWO ON LINCOMYCIN
HYDROCHLORIDE
WERE NOTED
TO HAVE
LOOSE STOOL
ONE SUBJECT TREATED WITH
SINGLE DOSE OF U21251F
HAD MILD ABDOMINAL CRAMPS THIRTY MINUTES AFTER
DRUG ADMINISTRATION
NO OTHER
EVIDENCE FOR TOXICITY
OR UNTOWARD SIDE
EFFECTS WERE OBSERVED
THE

SIGNIFICANTLY
HIGHER PEAK SERUM LEVEL
THE SIGNIFICANTLY
RESPONSE
GREATER
URINARY EXCRETION OF BIONCTIVIRY
CUD THE
LOWER FECAL
EXCRETION
SIGNIFICANTLY
OF BIOCETIVITY
FOLLOWING IJ212SLF
COMPARED WITH LINCOMYCIN HYDROCHLORIDE IN
THE 001
STUDY UGGESRED THAT U21 251R SHOULD BE INVESTIGATED
FURTHER

96

HP

OR

FLERNIASIANOS

INVESTIGATOR

RE

HYPOGLYCEMIC ACTIVITY
ORINASE
PYRAZINAMIDE
STATE

PRISON

OF SOUTHERN MICHIGAN

3ACKSON MICHIGAN

THE PURPOSE OF THIS STUDYIS TO EVALUATE IN AN ACUTE EXPERIMENT THE POSSIBLE
THIS DRUG IS CURRENTLY MARKETED FOR THE
HYPOGLYCEMIC EFFECT OF PYRAZINAMNIDE
WORK IN OUR LABORATORY SHOWS THAT IT
TUBERCULOSIS
TXPERIMENTAL
TREATMENT OF
THERE
IN ANIMALS WE WOULD LIKE
ACTTVTY
HYPOSIYCEMIC
AND FFIANA1CSUE
IN MAN
FORE TO KNOTI
YRAZINAMIDE ITSELF SCTS

PROD

SIISIL

SUBJECTS
THE PRISON POPU
HEALTHY ADULT VOLUNTEERS WILL BE SELECTED FROM AMONG
SHOULD
NOT
BE DIABETIC
THEY
LATION OF THE STARE PRISON OF SOUTHERN MICHIGAN
SHOULD BE
IT
FBS
100
MOREOVER
DEMONSTRATE
MUG7
AND SHOULD CONSISTENTLY
TOTAL
NORMAL
LIVER
FUNCTION
TEATS
THESE
HAVE
SCFTC35
SUBJECTS
EMPHASIZED THAT
WILL
BE
ASSIGNED TO
SUBJECTS
BILIRUBINL
PHNSPHATASE12
MGLKALINE
OF FBS
THAT
THE
MEANS
AND
WILL
BE
MATCHED
SO
THREE EQUAL GROUPS OF TWELVE EACH
AS
ARE
AS
SIMILAR
POSSIBLE
LEVELS OF THE THREE GROUPS

THIRTYSIX

LA

PLAN OR STUDY
PLAN OF THE

THE OVERALL

AS

FOLLOWS

DAY OF RX

I1
GROUP

STUDY IS

271

PYRAZINACUIDE

914

ORINASE

NIL

PLACEBO

NIL

15

GUI

GRE

GROUP

GROUP III

PLACEBO

ORINASE

NIL

ORINASE

PYRAZINAMIDE
GIN

PYRAAINAMIDE

NIL

GIN

NIL

PLACEBO

GRIT

THE MEDICATION WILL BE ADMINISTERED
AS
SINGLE
TREATMENT DAY AND IN DOUBLE BLIND FASHION

EXPERIMENTAL

NIL

GM

DOSE OF FOUR CAPSULES

ON EACH

PROCEDURES

SCREENING PRIOR
FOR NORMAL LIVER

ENTRY INTO
FUNCTIONS

TO

THE

STUDY

SOPT
ALKALINE

ALL

SUBJECTS WILL

PHOSPHATASE

BE

SCREENED

MD

MD

OSTER
MEDLAR

MD

SUBJECTS
OR RENAL
TEEN NORMAL ADULT WALE VOLUNTEERS WITH NO KNOWN GASTROINTESTINAL
OF
AND
BETWEEN
THE
130200
WHO
ARE
NONOBESE
WEIGHING
AGES
DISEASE
2140 WITH NORMAL VITAL SIGNS WILL BE SELECTED
FIF

LBS

VITAL

NORMAL RANGE

SIGNS

1006

TEMPERATURE
PULSE

TSC

60100

UTV
9050

TO

14090

FOR 30 DAYS PRECEDING THE
SUBJECTS SHOULD HAVE RECEIVED NO MEDICATION
INTO
NUMBERS
TO
15
RANDOMLY AND DIVIDED
NUDY SUBJECTS SHOULD BE ASSIGNED
INITIAL
10
AND
11
TO
15
THE
NUMBER
TO
TO
PRISON
GROUPS NAMELY
BODY BUILD AND RACE OF EACH SUBJECT
AND SURNAME BODY WEIGHT ASE HEIGHT
SHOULD BE WRITTEN OPPOSITE THESE SUBJECT NTINTERS
ON THE ATTACHED REPORT FORM

ALL

SUBJECT IS ABSENT FOR ANY COLLECTION
INFORM
WAGNER BY PHONE

NOTE

IRRU

IF

JAJ

OR DROPS FROM THE

STUDY

MEDICATION

HFC
HFC
HFC

U21251
U21251

250
500

LINCOCIN

500

AS
MG AS
MG AS
RAG

THE

HYDROCHLORIDE
HYDROCHLORIDE
THE HYDROCHLORIDE
THE

ONE
ONE
ONE

CAPSULE
CAPSULE
CAPSULE

DOSAGE SCHEDULE
SUBJECTS

IN

GROUP

WEEK

WEEK II

WEEK

UT

12345

6789
1112

10

13

1415

STUDY CONDITIONS
SUBJECTS WILL

CATION

FAST

FASTING

OF MEDI
OVERNIGHT AND FOR FOUR HOURS POST ADMINISTRATION
INCLUDES NOT ONLY THE ABSENCE OF FOOD BUT ALSO NO OTHER

BEVERAGE THAN WATER

ACH

CAPSULE SHOULD BE

THERE WILL

OZ

TAKEN ORALLY WITH

BE ONE WEEK ELAPSED

TIME

OF WATER AT

ZERO TIME

BETWEEN TREATMENTS

BE TAKEN AD LIB
BUT ONLY
ER
UP TO ONE HOUR PRIOR TO DRUG INGESTION
II
OZ
OF WATER TAKEN WITH THE CAPSULE
SHOULD BE TAKEN
PRESCRIBED
FRON ONE HOUR PR LOT TO DRUG INGESTIOTI
FROM
TO ROUT HOURS POST DRUG INGESTION
AND
FOOD
BE
AD
LIT
BREAK
HOURS POST DRUG ADMINISTR
TAKEN
BEVERAGES
MAY
IF
FAST MAY BE PROVLDC AT RHO UPJOHN CLINIC
NECESSARY

17

SMOKING IS

PERMITTED

SUBJECTS SHOULD BE IN THE
COLLECTION PERIOD OF FECES IF
THE

UPJOHN RESEARCH CLINIC
AT

ALL

WARDS DURING

THE

4DAY

POSSIBLE

THE SUBJECTS SHOULD NOT ENGAGE IN ANY HAZARDOUS OR STRENUOUS OCCUPATIONS OR
ATHLETIC ACTIVITIES
DURING THE DAY OF OR ON LHE DAY FOLLOWING DRUG ADMINISTRA

ON

SAMPLING
IT

SO

IS
VITALLY
IMPORTANT
SHOULD BE IMMEDIATELY

COLLECT ALL
REPORTED TO

TO

SAMPLES SCHEDULED

ANY FAILURE

TO DO

WAGNER BY PHONE

50 ML OF BLOOD SHOULD BE WITHDRAWN AT ZERO TIME IN EACH PHASE
CROSSOVER FROM EACH SUBJECT
IT
IS
ML
VIRALLY
IMPORTANT THAT 25
OF SERUM BE SHIPPED
TO THE UPJOHN COMPANY FROM THIS
ZERO TIME DRAWING FOR
EACH SUBJECT
FOR EACH TREATMENT
TEN
ML OF BLOOD IS TO HE TAKEN AT
10 12 AND 11 HOURS POST ADMINISTRATION
SERUM IS TO BE HARVES TED FROM ALL BLOODS AND THE SERUM FROWN
FROZEN
SERUM SHOULD BE SHIPPED TO
BELL FOR TRANSFER
CHIDESTER

BLOOD
OF

THE

34 112

10

412

URINE

ZERO

URINE

AND RECORDED

THE BLADDER MUST BE EMPTIED AT
SHOULD BE DETERMFNED IMMEDIATELY
COLTEETTONS MAY HE DISCARDED

TIME

THE

OF THIS
ZERO HOUR
THEN THE URINE
PH

TWO 24HOUR URINES ARE TO BE COLLECTED 024 AND 2448 HOURS IN POLY
OF TOLUENE
ETHYLENE CONTAINERS CONTAINING ONE MILLILITER
AS PRESERVATIVE
THE BLADDER MUST BE EMPTIED AT 24 HOURS POSTDOSING AND THIS URINEADDED TO
THE 024
HOUR COLLECTION
THE BLADDER MUST BE EMPTIED AT 48 HOURS POST
URINE ADDED TO THE 2448
HOUR COLLECTION
DOSING AND THIS
URINE SHOULD BE
STORED IN THE REFRIGERATOR AT 400 NIFTIL
THE FINAL
VOLUME FOR EACH COLLECTION
TS OBTAINED
AT THE ND OF EACH COLLECTION PERIOD THE URINE COLLECTION SHOULD BE MIXED
BY ROTATION OF THE CAPPED BOTTLE THE P14 AND VOTUNIE DETERMINED AND RECORDED
ON THE ATTACHED REPORT FORM
THERE IS ONE ILAGE FOR EACH WEEK
20 ML
ALIQUOT OF EACH URINE COLLECTION SHOULD BE FROZEN AND SHIPPED TO
BELL
FOR TRANSFER
TO
CHIDESTER
FOR BIOASSAY
783412
THE REMAINDER OF
EACH URINE COLLECTION SHOULD BE FROZEN AND SHIPPED TO
BELL FOR
TRANSFER TO
EBLE 711254
FOR POSSIBLE
OF
ATTEMPTED ISOLATION
METABOLITES

FECES

SUBJECTS SHOULD BE ENCOURAGED TO HAVE
BOWEL MOVEMENT IN THE
MORNING PRIOR TO DOSING BUT NO LAXATIVES
ARE TO BE EMPLOYED ALL STOOLS
WILL THEN IE COLLECTED QANRITATIVELY
FOR
DAYS
96 HOURS POST DOSING
STOOLS MUST BE COLLECTED IN PLASTIC BTGS AND THE STOOLS FROZEN IN THE
BAGS
THE STOOLS
FOR EACH SUBJECT FOR EACH PERIOD 024
2448 4872 AND 7296
HOURS AND EACH TREATMENT SHOULD BE PACKED IN INDIVIDUAL
CARDBOARD CONTAINERS
FOR EXAMPLE
IF
SUBJCCT
HAD
BCNJEL
MOVEMENTS DURING THE 024 HOUR
AFTER
PERIOD
TRE TNENT
ON WUEK
THEN THESE
TWO STOOLS
SHOULD BE IN

L76A

BE FROZEN AND
BUT BOTH OF THESE BEGS SHOULD
SEPARATE POLYETHYLENE BASS
SUBJECTS SHOULD BE
CARDBOARD CONTAINER FOR SHIPMENT
PLACED IN THE SANTE
THE FOURTH DAY
OF
BOWEL MOVEMENT IN THE MORNING
ENCOURAGED TO HAVE
ARE TO BE
LAXATIVES
NO
BUT
AGAIN
TIME 96 HOURS
BEFORE THE TERMINATION
EMPLOYED
FOR TRANSFER TO
BELL
FROZEN FECAL SAMPTES SHOULD BE SHIPPED TO
MOVEMENTS
OF
BOWEL
THE TIME AND CHARACTER
CHIDESTER
FOR EACH
IS
1P3
SEPARATE
PAGE
THERE
SHOULD BE RECORDED ON REPORT FORM
THE FORMS
FORM
1K3
WITH
WEEK SEE INSTRUCTIONS FOR COMPLETING REPORT

ALL

783412

LA

OF

SANPT

AND FECES SHOULD BE CLEARLY LABELED VITH
OR III
WEEK
II
OR
TREATMENT
THROUGH
THAT
ALL NUMBERS
BE
TAKEN
CARE SHOULD
PERIOD OF COLLECTION
AND TIME OR TIME
OF
EACH
ITEM
LABELING
AND ACCURACY OF THE
ARE LEGIBLE AND THE LEGIBILITY
TWO PEOPLE
SHOULD BE CHECKED BY AT LEAST
EACH CONTAINER OF
NUMBER

SIDE

SERUM URINE

15

EFFECTS

ADMIN

QF MEDICA
AND4 HOURS POST
SUBJECTS SHOULD BE QUESTIONED AT
THE
MEDICATION
THE
TION TO DETERRD IF THERE ARE ANY SIDE EFFECTS OF
OF
THE
MEDICATION
HAVE YOU NOTICED AX EFFECTS
QUESTION ASKED SHOULD BE
OR ABSENCE OF SIDE EFFECTS ON THE ATTACHED
SIDE
EFFECTS
THESE
PLEASE REPORT
REPORT FORM 1K4

SUPPLIES
WAGNER

CAPSULES
THESE WILL

BE

AVAILABLE

TO

DR

WILLY

LEZOTTE

ON OR BEFORE MARCH

16

1966

41
PHD YCPC

JOHN

BW

17TH

AJ

DATE

II

FILED

NOV

UNITED

STATES

FOR THE

EASTETRN

1970
DTSTRTCP

DISTRICT

SOUTHERN
CALVIN

OF NICHIGAN

DTVISION

ETAL

SIMS

CIVIL

PLAINTIFFS

PARKE

DAVIS
COMPANY
MICHIGAN
CORPORATION
AND THE UPJOHN COMPANY
DELAWARE CORPORATION
ET AT

DEFENDANTS

31172

INDIANA

OF

COUNTY

NO

ACTION

AFFIDAVIT
OF GAYLORD LEE
ESPICH
IN SUPPORT OF LAIN
TIFFS
MOTION FOR SUMMARY
JUDGMENT AND PLAINTIFFS
ANSWER TO DEFENDANTS MOTIONS
FOR SUMMARY JUDGMENT UNDER
COUNTS
III
AND IV OF
PLAINTIFFS
COMPLAINT AND
AMENDED COMPLAINT

VS

STATE

COURT

0F6
GAYLORD

TEE

ESPICH

FIRST

BEING

DULY

SWORN DEPOSES

AND

SAYS AS FOLLOWS
THIS
PERSONAL
AFFIANT

AFFIDAVIT

KNOWLEDGE OF AFFIANK
IS

COMPETENT
ATFIANT

HAS WORKED IN
UPJOHN

MORE

IS

THE

COMPANY AT
HE IS

OTHER INMATES

OF THE

TO

TESTIFY

IS

ONC OF THE

DRUG CLINIC
THE STATE

FAMILIAR

WITH

OF SAID

APPROVED

TO THE MATTERS

PRISON

MAIN

OF THE

MATTERS
STATED

PLAINTIFFS

AND

HEREIN

HEREIN

CONSTRUCTED

AND

BY THE

OF SOUTHERN MICHIGAN

FURTHER

SOME OF THE OTHER NAMED PLAINTIFFS

PRISON

ALL

BASIS

FOLLOWING

BUILDINGS

REPRESENTATIVES
PERSONALLY

MADE UPON THE

WHO WORKED IN

THE

SAID

OF DEFENDANT

THE

UPJOHN

INMATES

WHO WORKED AT

THE

AND

CLINIC

SAID

COMPANY
CLINIC

LAW CRRITT

TEAN
DEAN SEGAR
HART RC

LRRRSOZY

ISIS

GPP4KSM

41011

INMATES

TOWERS

ONELFIRBTSTHRN
FLINT

PERSONS COULD NOT WORK THERE

COMPANY CLINICS

UNLESS

THEY WERE SO APPROVED

WHO WERE NOT WORKING AT ONE OF THE
DRUG

AND WHO WERE INVOLVED

IN

4S502

WORK COULD MAKE MORE
MONEY AT
INMATES

WORKING

AT

AND

THOCLINICS

SUCH

JOB

PRISON

JOBS DOING

THAN WAS EARNED

PIECE

BY THE

INMATES
SUCH THINGS

WHO UTILIZED

PAINTING

AS

PICTURES

KEEP XLI

THE MONEY REPRESENTING

FURTHER

THE PRICES

ITEMS

INMATES

AD

AFFIANT
PRIOR

TO BEING

AND HIS

UPJOHN

THE UPJOHN

EXPERIENCE

PART OF
THE

WERE WORK RELEASE
THOSE PRISONERS

TIME

AS

AT

WHO PRODUCED SAID

OFIRICLE

DEAN
TEAN SEGAR
HART PC

TDI

GENESES
RNOY

OW
TRERR

FUN MCH 4E502

ARTICLES

ORDERED

THE

TO WORK IN

AND ABILITY

CLINIC

FO

WERE OF GREAT VALUE

AFT LANT WAS MP1OYED
EXISTENCE

WHICH

SUNS

PAID

TO

IOVE
COUNTY

LEE

THERE

FAR MORE TO
BY THOSE

THE CLINICS

TCC
LIEN

BY UPJOHN

THEREON THAN CQULD BE EARNED

THIS

CITLC

EXPIRES

LAW

OR HANDICRAFT

PICTURES

AND LABORATORY

PROGRAMS IN

PLACED

WORKING

PUBLIC

LEITSON

THEM AND

ADVANCED EDUCATION

SUBSCRIBED AND SWORN TO BEFORE
NOTARY PUBLIC
DAY OF
1970

4C

FOR

THE PROCCEDS FROM SUCH SALE

446
ME

SKILLS

COMPANY

11

PRISONERS

INDIVIDUAL

WERE ALLOWED TO SELL

FOR SUCH ARTICLES

WERE SET BY THE

ENCE

THEIR

CH

JAN

FILED

71

STATES DISTUCT COURT
DISTRICT
OF MICHIGAN
SOUTHERN DIVISION

UNITED

E4V

EASTE

ST
T4ICIJ

IF

ZJ

CALVIN SIMS
LEE WILLIAMS

RICHARD

ALLEN

FRANK

SILLY

ROGEFIS

CLERK

WALTER LEE BOYD SLAGE PETER GEORGE
T4
MILES
WALKER CLEMONT DEDEAIJX
OFUJELL
VILSTJFIN
WILLIAM
CLEARY IWRBERT WILLIAMS
EFLED
RIOLNAGEL
BENNY SPELLS
KENNETH INMAN
RAYMOND
BAILEY
ORCEAIT
DAVIS
GERRY MACK BOYD KELTO
THOMAS
LORD RALPH WATSON CHESTER
SAWICKI
PHILLIP
MEGL VERNON
RALPH IT WARNER
MEVIS
RONALD
KENNEDY PAUL ROSS HERMAN HEAD GERALD
NORMAN PAUL MILLER
THOMAS
MULLIGAN
IDNNIE
PAYNE ROJ3ERT MASON AND KENNETH
MARSHALL
CIVIL

WO

PLAINTIFFS

VS
PARKE

DAVIS

C0R

UPJOHN
OF

ACTION
31172

MICHIGAN
CORPORATION THE
DELAWARE CORPORATION DEPARTMENT
OF THE STATE OF MICHIGAN
ELEANOR

HUTZEL
JAMES
MAX FIBER
WAVERS FLORENCE

WADSWORTH ERNEST
BROOKS
FAREY JOHN
RICE
DUANE
CRANE JOSEPH
GROSS
ROBERT COTTON AND GUS HARRISON
DEFENDANTS

MEMORANDUM OPINION
PLAINTIFFS
OF MICHIGAN
STATE

AND ALC

PRISON

HEREAFTER

WERE COLWIC LED

REFERRED
PARKE

ARE PRIVATE

CORPORATIONS

THE

DRUGS

THIRD

DAVIS

OF MICHIGAN

PENAL

INSTITUTIONS

MICH
JAMES

PRISON

HAS

COW LAWS 791204
WADSWORTH ERNEST

THE

TWO OF THE

DEPARTMENT

EXCLUSIVE
PRISON
THE

LABOR AND

BROOKS

COMPANY
RNANUFAC LURE

OF CORRECTIONS

JURISDICTION

DEFENDANTS

THE

MICH‰AN

THE INTERSTATE

ENGAGED IN

LAWS

THE

TERMS IN

COMPANY AND THE UPJOHN

DEFENDANT

STALE

SERVED

UNDER

AT JACKSON

MICHIGAN

TO AS JACKSON

DEFENRIANTS

OF

OR HAVE

SERVING

OF SOUTHERN

OF CRIMA

INCIUS

ELEANOR

MAX BITER

OF

OVER

URY
RUTZEL

FANCY

RICE

JOHN
AND

CORRECTIONS

WHICH

COMMISSION

MICH

CORRECTIONS

JURISDICTION

CORRECTIONS

2166

USC

28

TITLE

ARE

MICHIGAN

NOT

PURSUANT

COMPANY

RESEARCH

ICHIGAN

THE

TO USE

RIGHT

WITH

THE

OWN EXPENSE
PRISON

STATE

BECAME

RESEARCH

OF SOUTHERN

AT THE

STATE

AND

COMPLETED

THE PROPERTY

DRUG COMPANIES

IS

PARKE

EACH DRUG

OF THE
RETAINING

FOR CLINICAL

THEY CONSTRUCTED

BUILDINGS

OR CORPORATION

ORGANIZATION

AT ITS

THE DEFENDANT

SO LONG AS CLINICAL

RESEARCH

DOFCNDANT

WERE SUBSEQUENTLY

TERMS OF THE CONTRACTS

MICHIGAN

OF

BHE

TWO SEPARATE

THOSE AGREEN ENTS

AT THE

BUILDING

BOTH BUILDINGS

UNDER THE
STATE

TO

INTO

COMPANY AND

TO CONSTRUCT

COMPANY WAS PERMITTED
CLINICAL

UPJOHN

THE PRESENT

TO

ENTERED

1983

42

NOVOMBOR OF 1963

IN

DISPUTE

DEFENDANT

RISE

GIVING

TITLE

AND

OF

USC

29

UPON TITLE

1343

OF CORRECTIONS

DEPARTMENT

AGREEMENTS WITH
DAVIS

IN

1337
FACTS

THE BACKGROUND
COMPLAINT

BASED

IS

THE

OF THE DEPARTMENT

DIRECTOR

IS

OF

DEPARTMENT

791201791203

CORN LAWS

GUS HARRISON

DEFENDANT

THE

SUPERVISES

GROSS

JOSEPH

OF THE MICHIGAN

INCMBERS

ARE OR WERE

ROBERT COTTON

CRANE

FLORENCE

WATERS

DTLANA

CONDUCTED BY ANY
PRISON

OF SOULHERN

ICHIGAN
THE

INVOLVES

ULIDINGS
JACKSON

CLINICAL

INMAT

LAINTJFTS

THE

PLAINTIFFS

WITH

INSTEAD

HOWEVER

AND

ON IN

AMONG THE

WERE NOT USED AS SUBJECTS

OF THE

UNDER THE

CLINICS

FOLLOWING

JOB

THOSE

THE CLASS

THEY PERFORMED VARIOUS

THE OPERATION

RRE OROUNED TOQETHER

CARRIED

PRESENTLY

OF DRUGS ON VOLUNTEERS

THE TESTING

SEEK TO REPRESENT

DRUG EXPC RIMENTS
CONNECTION

RESEARCH

IN

SERVICES

THOSE SERVICES

CLAS

PARKE

DAVIS

COMPANY

CLASSIFICATION
CHIEF

SERVICES

CLERK

PREPARATION
DETAILS

CLERK

BAUBLE

CHIEF

COOK

HEAD PORTER
MAINTENANCE

PERFORMED

MAN

OF PRISON

CHECK

LABELS

COOKING
DUTIES

AND OTHER KITCHEN

JANITOR

AND MESSENGER

MAINTENANCE

AND MINOR

REPAIRS
PORTER

AND NURSE

SUPERVISOR

THE

RLPIOHN

SERVICES

TECHNICIAN

CHIEF

TRAINEE

CLERK

CLERK

SAME AS

ABOVE

SAME AS

ABOVE

CLERICAL

TASKS

CLERICAL

TASKS

NURSE SUPERVISOR

ACTS
WITH

NURSE

SAME AS ABOVE

CHIEF

COOK

COOKS AND SERVES
SAME AS

ABOVE

KITCHEN

ASSISTS

IN

KITCHEN

ASSISTS

IN

KITCHCN

POT AND

MAINTENANCE

HEAD PORTER
PORTER

MAN

PAXI

TASKS
OF EEC

AS NURSE IN CONNECTION
CLINICAL
TESTS

COOK

KITCHEN

ATTENDANT

PERFORMED

PERFORMS SPECIFIC
SUCH AS OPERATION
MACHINE

TECHNICIAN
TECHNIESAN

AND

COMNASY

CLASSIFICATION
CHIEF

JANITOR

NIQHT

MAINTENANCE
REPALRS

AND

JANITORIAL

TASKS

JANITORIAL

TASKS

FOOD

MINOR

PLAINTIFFS
WORE FORCED
UPJOHN

THAT

ALLEGE

DEFEND

BY

IN

COMPANY

ON

HUNDRED

WITH

JACKSON

TO WORK IN

UP TO

WEEK

OF THE

AS

THOSE
ONE

AS

ZRTUCH

FROM

AT WAGES RANGING

125

25100

AND

TO ONEPOLLAR

INMATES

COMPANY AND THE

REPRESENTATXVES

BASIS

HOURS PER

025

THIRTYFIVE

PARKE DAVIS

REGULAR

112

TWELVE

OTHER

AS

OF CORRECTIONS

DEPARTTMENT

CLASSIFICATIONS

WELL

AS

CONJUNCTION

CO

MICHIGAN

THEY

PER

DAY
ON THE
IN

TOF

COUNT

TO RECOVER

BASIS

THEIR

OF THESE

AMENDED COMPLAINT
DEFENDANT

FROM THE

BETWEEN

THE COMPENSATION

MINIMUM

WAGE PRESCRIBES

FLSA

1938

OF THEIR
LABOR

AMENDED COMPLAINT

STANDARDS

ARE ENTITLED
DIFFERENCE
LABOR

BETWEEN

ILLEGAL
RESULTED

COMPANIES
PLAINTIFFS

THE

WAGE AS

OF THE

SECTION
THE

IN
IN

THE

DEFCNDANLS

ENRICHMENT

AMOUNT BY WHICH

SERVICES

PLAINTIFFS

UNJUST

EXCEEDS

PLAINTIFFS
OTHER

THE

THE

THE FAI

THEN PLAINTIF
THE

FOR THEIR

ALLEGES

THAT

THE

DRUG COMPANIES

HAS

OF DEFENDANTS

REASONABLE

AMOUNT PAID

DAVIS

IF

DRUG COMPANIES

LAWS AND

ALSO CONTEND IN

THAN PARKE

COUNT II

408381

LABOR BY THE
CORN

OF

BY THE MICHIGAN

CORN LAWS

MICH

ACT

THAT

THEY RECEIVED

AMENDED COMPLAINT

900305

THE

AND

SEQ IN

CONTEND

PRESCRIBED

MICH

OF THE PLAINTIFFS
UNDER

ET

DEFENDANT

THE COMPENSATION

III

LABOR

STANDARDS

201

PLAINEIFFS

FROM THE

WAGE LAW OF 1964

UTILI

USC

THE DIFFERENCE

FOUND TO BE INAPPLICABLE

IS

RECOVER

TO

COUNT

TO

ACT

AND THE MINIMUM

MINIMUM

29

LABOR

ENTITLED

THEY ARC

THEIR

FOR

FAIR

BY THE

AMENDED

AS

THAT

DRUG COMPANIES

RECEIVED

CONCLUD

PLAINTIFFS

ALLEGABIONS

DRUG

VALUE

OF

BY DEFENDANTS
COUNL

III

COMPANY AND

THAT
IHE

IS

UPJOHN

COMPANY HAVE BEEN

ILLEGAL

USE OF PLAINTIFFS

STATE

STRUCTURE

THE

HOUSING

IV

COUNT

IN

AND

HAS RESULTED

THIRTEENTH

IN

AMENDMENT

THE DENIAL

TO PLAINTIFFS

GUARANTEED

BY THE

VIOLATIONS

OF THEIR

ONE MILLION

JUDGMENT
AS

AND

HAVE

MAINTA3NE1

CORRECTIONS
COMMISSION
AS

TO THEM

CONTRARY

TO

AND

OF LAWS AS

FOR

RIGHBS

MOTION

NOW FILED

TH

ALLEGED

PLAIN

SEEK

IV

CLAIM

ACTION

DIRECTOR

HAVE

ALSO FILED

AND

COMPANY AND

MOTIOR FOR SUMMARY
TO DISMISS

MOTION

UPON WHICH

FOR SUMMARY

UPJOHN

FILED

TURN

IN

III

ITS

OR

THE

CONSTITUTION

THE DEFENDANTS

CLASS

ALL

SCRVXTUDE

AMENDMENT

FOR AN ORDER THAT

AS

OF THE

LAW

DUE PROCESS OF

OF EQUAL PROTECTION

III

TO STATE

MOTION

BY LAW

DAMAGES FROM DEFENDANTS

ON COUNTS

FAILING

THE UPJOHN

DEPRIVATION

TO THE FEDERAL

COMPANY HAVE

PARKE DAVIS

IN

AND

DEFENDANTS

THAN THOSE REQUIRED

CONSTITUTIONAL

DOLLARS

ON COUNT

THE

ILLEGAL

COMPANY AND

DAVIS

INVOLUNTARY

FOURTEENTH

PLAINTIFFS
JUDGMENT

PARKE

WITHOUT

OF PLAINTIFFS

HOLDING

LABOR BY ALL

RESULTING

IS

THE

THAT

ALLEGE

WAGES LESS

OF PLAINTIFFS

PROPERTY

THE

PLAINTIFFS

OF NOMINAL

IE

BUILDING

THE

CLINIC

BY DEFENDANTS

THEPAYINENB

COXNP

OF

OF PLAINTIFFS

UTILIZATION

FOR

ACQUISITION

LABOR BY THE

OF SOUTHERN MICHIGAN

PRISON

FROM THE

ENRICHED

UNJUSTLY

RELIEF

COUNT IX

CAN BE GRANTED
CANNOT BE

PLAINTIFFS

ACTION

DEFENDANT

DEPARTMENT

MOTION

THCC NOTIONS

CORRECTIONS

MEMBERS OF THE

THE

TO DBIRNISS

ATE

THE

NOW BEFORE

OF

COMPLAINT

THE COURT

DAVIS AND UPJOHNS
FOR AN ORDER THAT
BE NAINPAINED
SUIT CAITN

PARKT

PLAINTIFFS
CO

THEIR

IN

ACTTON

STATE

PLAINTIFFS

COMPLAINT

CLASS

AS

NUMEROUS OTHER PEOPLE WHO EITHER
ARE OR HAVE EEN INMATES IN THE STATE PRISON
AT JACKSON MICHIGAN
OF SOUTHERN MICHIGAN
WHO HAVE THE SAME CAUSE OF ACTION AS HEREIN
AFTER SET FORLH ON THE PART OF THE IIAMED
AND THE NAMED PLAINTIFFS
PLAINTIFFS
ADEQUATELY REPRESENT SUCH UNNAMED PEOPLE
ACTION IS BROUGHT PURSUANT TO RULE 23
THIS
PROCEDURE OFL
OF THE FEDERAL RULES OF CIVIL
WHOSE
NUMBER MAKE
ALL
SUCH
BEHALF OF
PEOPLE

THERE

ARE

TO HAVE THEM JOIN AS PLAINTIF
IMPRACTICAL
THE NAMED PLAINTIFFS
ADEQUATELY REPRESENT SAID
IT

CLASS

DEFENDANT

UPJOHN

THAT

ORDER DECLARING
CLASS

COMPANY HOWEVER

ACTION

UNDER

THE PRESENT

HAS

AN

FOR

CASE CANNOT BE AIAINTAINED

OF THE FEDERAL

RULE 23

MOLION

FILED

RULES

AS

OF CKVIL

PROCEDURE
RULE 23
CLASS

ALL

WHO WISHES

PLAINTIFF

TO OVERCOME TWO HURDLES

ACTION

SATISFY

REQUIRES

CONDITIONS

THE

OF RULE

FIRST

23A

TO BRING

HO MUST

WHICH

ARE

THE CLASS IS SO NUMEROUS THAT JOINDER
THERE
OF ALL MEMBERS IS IMPRACTICABLE
TO
THE
LAW
FACT
OF
OR
COMMON
ARE QUESTIONS
THE
OF
CLAIMS
OR
DEFENSES
THE
CLASS
OF THE
ARE TYPICAL
PARTIES
REPRESENTATIVE
AND
CLAIMS OR DEFENSES OF THE CLASS
AND
WILL FAIRLY
THE REPRESENTATIVE
PARTIES
OF THE
ADEQUATELY PROTECT THE INTERESTS

CLASS
AFTER
OF RULE
HIS

23A

ACTION

OF RULE

IS

23B

THE

SATISFYING
HAVE BEEN

NTEL

APPROPRIATE
RULE

23B

COURT THAT
THE

LITIGANT

ALL

THE CONDITIONS

MUST ESTABLISH

UNDER ONE OF THO THREE
PROVIDES

THAT

THAT

SUBDIVISIONS

AN ACTION MAY BE MAINTAINOD
AS
CLASS ACTION IF THE PREREQUISITES
OF
SUBDIVISION
AND IN
ARE SATISFIED

ADDITION
THE PROSECUTION
OF SEPARATE ACTIONS
MEMBERS OF THE
BY OR AGAINST INDIVIDUAL
CLASS WOULD CREATE
RISK OF
INCONSISTENT
OR VARYING ADJUDICATIONS
WITH RESPECT TO INDIVIDUAL
MEMBERS OF THE
CLASS WHICH WOULD ESTABLISH
INCOMPATIBLE
STANDARDS OF CONDUCT FOR THE PARTY OPPOSING
THE CLASS
OR
WITH RESPECT TO INDIVIDUAL
ADJUDICATIONS
MEMBERS OF THE CLASS WHICH WOULD AS
MATTER BE DISPOSITIVE
OF THE
PRACTICAL
INTERESTS
OF THE OTHER MEMBERS NOT PARTIES
TO THE ADJUDICATIONS
OR SUBSTANTIALLY
OR IMPEDE THEIR ABILITY
TO PROTECT
IMPAIR
THEIR
INTERESTS
OR
THE PARTY OPPOSING THE CLASS HAS ACLED
OR REFUSED TO ACT ON QRONND GENERALLY
TO THE CLASS
APPLICABLE
THEREBY MAKING
FINAL
RELIEF OR
APPROPRIATE
INJUNCTIVE
CORRESPONDING DECLARATORY RELIEF WITH
RESPECT TO THE CLASS AS
WHOLE OR

THE COURK FINDS THAT THE QUESTIONS OF
LAW OR FACT CONVNON TO THE MEMBERS OF THE
CLASS PREDOMINATE
OVER ANY QUESTION
AND
AFFECTING
ONLY INDIVIDUAL
THAT
CLASS ACTION IS SUPERIOR TO OTHER
AVAILABLE
METHODS FOR THE FAIR AND
EFFICIENT
OF THE CONTROVERSY
ADJUDICATION
THE MATTERS PERTINENT
TO THE FINDINGS
INCLUD2
THE INTEREST
OF MEMBERS OF
THE CLASS IN INDIVIDUALLY
CONTROJLING
THE PROSECUTION
OR DEFENSE OF SEPARATE
ACTAONS
THE EXTENT AND NATURE OF
ANY LITIGATION
CONCERNING THE CONTROVERSY
ALREADY COMMENCED BY OR AGAINST MEMBERS
OF THE CLASS
THE DESIRABILITY
OR
OF
THE
UNDESIRABILITY
CONCENTRATING
LITIGATION
OF THE CLAIMS IN THE PARTICULAR
FORUM
THE DIFFICULTIES
TO BE ENCOUNTERED IN
LIKELY
THE MANAGEMENT OF
CLASS ACTION

ME

ONCE

PLAINTIFF

THE REQUIREMENTS
NOT ONLY

ON HIS

HAS DEMONSTRATED
OF RULE

22

OWN BEHALF

THAT

HE CAN
BUT

HIS

SUIT

THEN PURSUE

ALSO ON BEHALF

COMES WITHIN
THE
OF

ACTION

ALL

OTHER

PERSONS

SIMILARLY

PARTIES

TO THE

CLAIMS
STANDARDS

ACT

SITUATED

FOR MINIMUM

LIMITS

THE BINDING

23

RULE

FLSA

BECOME PARTJES

WAGES UNDER THE

FAIR

HOWEVER CANNOT BE MAINTAINED

UNDER

THE

LHOSE PERSONS

ARE NOT

IFTIGATION

ACTION

UNDER

ALTHOUGH

THAT

EFFECTS

IS
OF

BECAUSE

CLASS

AS

USC

29

JUDGMENT

TO PERSONS WHO HAVE

LABOR

216B

ADJUDICATING

FILED

WRITTEN

RIGHTS

CONSENT

TO

SUIT

TO THE

ANY EMPLOYER WHO VIOLATES EHE PROVISIONS
OF SECTION
206
OR SECTION
207 OF THIS TIBLE
SHALL BE LIABTH
TO THE EMPLOYEE OR EMPLOYEES
AFFECTZECL
IN
THE AMOUNT OF THEIR UNPAID
MINIMUM WAGES OR THEIR UNPAID OVERTIME
COMPENSATION AS THE CASE MAY BE AND IN AN
ADDITIONAL
EQUAL AMOUNT AS LIQUIDATED
ACTION TO RECOVER SUCH LIABILITY
DAMAGES
IN
MAY BE MAINTAINED
ANY COURT OF COMPETENT
JURISDICKION
BY ANY ONE OR MORE EMPLOYEES
FOR AND IN BEHALF
OF HIMSELF
OR THEMSELVES
AND OTHER EMPLOYEES SIMILARLY
SITUATED
NO
EMPLOYEE SHALL BE
PLAINTJFF
TO ANY
SUCH ACTI ON UNLESS HE GIVES HIS CONSENB IN
TO BECOME SUCH
WRITING
PARTY AND SUCH
CONSENT IS FILED
IRA
THE COURT IN WHICH SUCH
ACTION IS BROUGHT
EMPHASIS ADDED
29

PAR

USC

HENCE

PLAINTIFFS

ALLEGES
RULE

CLAIM

23

NEITHER

216B

CONCEDE
UNDER

THAT

THE

VLS1

AND THOSE INMATES

NOT

BENEFJT

SINCE
IT

COUNT

OFF

THEIR

COMPLAIN

CANNOT BE MAINTAINED

FILING

WRITTEN

UNDER

CONSENTS

FROM NOR BE BOUND BY ANY JUDGMENT

CAN

RENDERED

ON

COUNT

NEVERTHELESS
AND IV

OF THEIR

ACTION

YET

IS
THE

APPLICABLE

COMPLAINT

ASSUMING
TO

REQUIREFTIENTS

PLAINTIFFS

THE
OF

ARE

RULE

23

REMAINING
THAT

CONTEND

THAT

MAINTAINABLE
RATHER

COUNTS

USC

PLAINTIFFS

RULE HAVE NOT BEAN

II

RULE 23

AS

THAN 29
AS

COUNTS

MET

III

CLASS

216B
ARGUE

THE

FIRST

SO NUMEROUS THAT

CLASS

1NORACTICABILITY

CONSTXTUTES
CIRCUMSTANCES

SURROUNDING

836

2ND AIR

845

TH

ON
CLASS

FIDELI
170

IS

1968

ANACONDA
BUT

FACTOR

PLAINTIFFS

HAVE

THE

CLASS

MERELY

CONTAIN

FAILED

ATTORNEY

DURING

ORAL

CLASS

WOULD PROBABLY

SINCE

THIN

LAUION

MM 293
FRD

COMYANY 43

TSTXMATE
IT

MUR

THE

ALLEGE

THE

CO

IT

BETWEEN

CANNOT BE USED TO ESTABLISH

70

FOR

SIZE

PLEADINGS

THERE

ARE

IMPRACTICABLE
THIS

TO HAVE

COURT

BY PLAINTIFFS

COIRVNENTED
AND

200

THOB THE

PERSONS

BY ANY MATERIALS

BEFORE

SPECUJATIVE

ARID

SPEED

PROSPECTIVE

CLASS

THAT

OF

SAME CAUSE OF ACTION

WAS SUPPLIED

BE DEEMED

THAT

1968

CASE

THEIR

INFORMATION

ONLY

WAS UNSUPPORTED

EDA

APPROXIMATE

STATEMENT

ARGUMENT WHEN HE
CONTAIN

452

INSTEAD

HAVE THE

SIZE

FSUPP 164

THE PRESENT

IN

OF

CONSIDARED

TO BE

PHIIAD4PHIAELECTRIC

WHO

ON CLASS

GIVEN

COURT

INDUSTRIE

TO EVEN

PLAINLIFFS

HAS BEEN

THE

OF THE IMPRACTICABILITY

WHOSE NUMBER MAKE
AS

F2D

3S0

OF PROSPECTIVE

FACTOR

CONCLUSIONARY

NUMEROUS OTHER PEOPLE

THEM JOIN

EDENS

NURR

THE

CANNOT BE

THE

AND

TO

GUIDELINE

DEMARCO

SEEK TO REPRESENT

THEY

AS

THE

SHOULD NOT BE

COURTS

SIGNIFICANT

ACCORD

BRASS

THAT

CASE

HAND WHILE

LITTON

SDWY

OF WHAT

UPON ALL

DEPEN6S

NOT DETERMINATIVE
IT

JOINDER

IS

1S68

OTHER

MEMBERS IS

IS

MEMBERS

RESOLUTION

THE

JOINDER

OF

THE PRACTICABILITY

ACTION

23

OF ALL

UPON MERE NUMBERS

TO DEPEND

AS

RULE

JOINDER

23A1

IMPRACTICABLE

SO RIGID

TO

PREREQUISITE

IS

AS TO MAKC JOINDER

SO NUMEROUS

C4

SEYMOUR

REV
LUCAS

REQUIRED

SEACIRAVE

GQ

BECAUSE

MORE THAN

COURT

FOR

MET DOES NOT

IS

ESTABLISH

CLASS

338
AS

SPECULATION

TO DETERMINE

64

IF

THE

DCONN 1953

75

1959

WITH

TO CLASS

MUST BE PRESENTED

APPROXIMATE

NUMBER OF CLASS

COURT CAN DECIDE

IF

SIMPLY

HAVE

THOSE

TO

MEANS THAT

CAN BC ASCERTAINED

OF ALL

JOINDER

IS

OF 23

FROM WHICH

BY PLAINTIFFS

MEMBERS

SIZE

REQUIREMENT

IT

PRECISION

SEE

DMINN 1967

348

MEAN HOWEVER THAT PLAINTIFFS

SIZE

845

AT

SUPRA

2ND CIR

365

FSUPP

277

INFORMATION

THE

FRD

23

F2D

GROUNDS 270

OTHER

OFI

CC

MDI

DENS

DEMARCO

SURROUNDING CIRCUMSTANCES

UNDER THE

IMPRACTICABLE

MEN

SO

TNC
BEFORE

WOULD HE

IMPRACTICABLE
SINCE
MENT OF

23A

HAS BEEN

NOT MAINTAINABLE

AS

FOR AN ORDER DECLARING
CLASS

ACTION

RULE

THOSE COUNTS

DEMONSTRATE

23AL

THEIR

MOTION

COUNT

CANNOT

GRANTED

FOR

THE

PROCEED

AS

RULE 23

REACONS PREVIOUSLY

10

III

AND

CANNOT BE PURSUED

TO POSSIBLE

THAT

II

THE REQUIRE

THUS DEFENDANTS

ACTION

SUBJECT

SHOW THAT

TO

COUNTS

SATISFIED

CLASS

GRANTED

IS

LATER

PLAINTIFFS

HAVE FAILED

PTHINTITFS

SUIT

FOR
CLASS

STATED

TV

MOLION
AS

REVISION

IF

COMPL5ES

WITH

SIMILAR
ACTION

ORDER THAL
IS

AR

AJSO

MOTION FOR SUNMARY JUDGMENT ON COUNT
DY DNFENDANT DRUG COMPANIES
FILED

IN
THAT

ALLEGE

THE

COMPANIES

THE

IN

LABOR

LABOR

ETSES

DEFENDANT

JUDGMENT

ON THIS

DRUG COMPANIES

AND THE

CLINICS

BY THE

PRESCRIBED

AMENDED

29

USC

5201

HAVE MOVED FOR SUMMARY

56C

RULE

TO

COUNU PURSUANT

PROCEDURE WHICH

OF CIVIL

AS

DRUG

AMOUNTS PLAINTIFFS

RESEARCH

OF 1958

ACT

STANDARDS

THE

COMPENSATION

WAGE PLUS OVERTIME

MINIMUM

RULES

BETWEEN

DIFFERENCE

FROM DEFENDANT

TO RECOVER

ENTITLED

ARE

FOR THEIT

RECEIVED

FAIR

THEY

PLAINTIFFS

AMENDED COMPLAINT

OF THEIR

COUNT

OF THE FEDERAL

PROVIDES

JUDGMONT SOUGHT SHALL BE RENDERED
DEPOSITIONS
FORTHWITH IF THE PLEADINGS
AND ADMISSIONS
ANSWERS TO INTERROGAT
IF
AFFIDAVITS
TOGETHER WITH THE
ON FILE
ISSUE
AS
ANY SHOW THAT THERE IS NO GENUINE
FACT AND THAT THE MOVING
TO ANY MATERIAL
MATTER
TO
IS
ENTITLED
JUDGMENT AS
PARTY
OF

THE

LAW

MATERIAL

56C

PLAINTIFFS

MAINTAIN

FACT TO BE

DECIDED

DEFENDANTS
THEY

MOTION

DEFENDANLS

AND

UNDISPUTED

FACTS

ARE

IT

IS

SUMM JUDGMENT
CONTOND THAT

THEIR

LAW ENTITLE5

THEY ARC IN

ISSUES

OF

UNDER RULE

MUST BE DENIED

THE AFFIDAVITS

ANSWERS TO

DEFENDANTS

THE PARTIES

GENUINE

AND THUS

COUNT

INTERROGATOTIES

SUBMITTED

BY SWOTNTESLIMOFLY

APPLICABLE
ALTHOUGH

OF COUNB

THERE

MUST THEREFORE BE VIEWED

PLAINTIFFS

THE

FOR

AS WELL AS

ARE UNCONTROVERTED

FACTS

IN

OTHER HAND

ON THE

HAVE FILED

THAT

AS

POSITION

BY

PRESENTING
THAT

ON THOSE

THEM TO JUDGMENT

DISAGREE

ACCORD THAT

THE

ON

THE

ONLY

FACLUAL
QUESTION

POSTURE
OF LAW

RAISCD

BY THIS

COUNT IS

OF EITHER

DEFENDANT

STANDARDS

ACT

WHCTHER PLAINTIFFS

WITHIN

THAT

ACT

THE
AS

RNE

ARNENDE6

ARE

OF THE
DEFINES

EMPLOYEES
FAIR

LABOR

EMPLOYEE

AS

LII

ANY INDIVIDUAL
EXCEPT THAT SUCH TERM
PURPOSES OF SUBSECTION

EMPLOYED BY AN EMPLOYER
SHALL NOT FOR THE
OF THIS SECTION

INCLUDE

ANY INDIVIDUAL
EMPLOYED BY AN EMPLOYER
IF SUCH INDIVIDUAL
IS THE
ENGAGED IN AGRICULTURE
PARENT SPONSE CHILD
OR OTHER MEMBER OF THE
EMPLOYERS IMMEDIATE
FAMILY
OR
WHO IS EMPLOYED BY AN EMPLOYER
ANY INDIVIDUAL
IF
SUCH INDIVIDUAL
IS
ENGAGED IN AGRICULTURE
HAND HARVEST LABORER AND IS PAID
EMPLOYED AS
ON
IN
AN OPERATION
WHICH HAS
PIECE RATE BASIS
BCCN AND IS CUSTOMARILY AND GENERALLY RECOG
NIZED
AS HAVING BEEN PAID
ON
RATE
PIECE
BASIS
IN
THE REGION OF EMPLOYMENT
COMMUTES
FROM
US
RESIDENCE
THE
DAILY
PERMANENT
TO
FARM
ON WHICH HO IS SO EMPLOYED AND
HAS BECN
LESS THAN THIRTEEN
EMPLOYED IN AGRICULTURE
WEEKS DURING THE PRECEDING CALENDAR YEAR
29

USC

AN EMPLOYER

IS

203E

DEFINED

AS

OR
ANY PERSON ACTING DIRECTLY
IN THE INTEREST
OF AN EMPLOYER
INDIREELLY
IN RELATTHJI
TO AN EMPLOYEE BUT SHALL NOT
INCLUDE THE UNITED
STATES OR ANY STATE OR
SUBDIVISION
OF
STATE EXCEPT
POLITICAL
WITH RESPECT TO EMPLOYEES OF
STATE OR
SUBDIVISION
POLITICAL
THEREOF EMPLOYED
IN
HOSPITAL
OR SCHOOL
INSTITUTION
REFERRED TO IN THE LAST SENTENCE OF
SUBSECTION
OF THIS SECTION
OR
IN
THE OPERATION OF
RAILWAY OR CARRIER
REFERRED TO IN SUCH SENTENCE OR ANY LABOR
ORGANIZATION
OTHER TNAN WHEN ACTING AS AN
OR
EMPLOYER
ANYONE ACTING IN THE
OF
OFF3CCR OR AGENT OF SUCH LABOR
CAPACILY
29
ORGANT2ATLCTRL
203D

TJ

TO EMPLOY

WORK

29

IN

TURN

USC

MOANS

TO SUFFER

203G

12

OR PENNIT

TO

LITERAL
IN

WOULD

ACT

THE

AS

6TH CBS 1943

FOR THIS

EXISTS

RELATIONSHIP

TO THE

LIMITED

HIS

TECHNICAL

LEGAL

EMPLOYERS

SERVANTS

US

366

28

1960

33

THAT

AND IS

THIRD

PERSONS

US

333

SILK

NOT

TO AN

PERTINENT

CONCEPTS

STATES

TO

WHITAKER

RESPONSIBILITY
UNITED

FORCED

FLSA

OF THE

THE MEANING

80

WHEN AN EMPLOYMENT

TO DETERMINE

REALITY

INC

HOUSE COOPERATIVE

F2D 78

136

COURTS HAVE BEEN

REASON

WITHIN

ONE OF ECONOMIC

IS

SANDERS

TEST

MORE MEANINGFUL

DEVISE

ENCOMPASS ALL

NOTE

PARTIES

WALLING

HUNANITY

EMPLOYED

TEST

THE

CONTAINED

OF THOSE DEFINITIONS

APPLICATION

FOR

704

ACTS OF
713

1946

PLAINT
ECONOMIC
INSTEAD

IS

WHETHER

EMPLOYMENT

MASONCOMP
JUDGMENT

PROPER IF

IN

VERY
UHAT

NOTED

249

OR

334

ITS

AT

EXISTS

DID

OF

FLSA
SILAS

KENNEDY

VACATE

WAS INVOLVED

SUMMARY DISPOSAL

SUMMARY

UNDER THE

1948

ISSUE

ANY

THE QUESTION

RAISING

COURT IN

COMPREHENSIVE

257

THAT

SUPREME

THE RECORD HAD PRESENTED

FINDINGS

TO CITE

CONTENTION

RELATIONSHIP

OF

SUMMARY JUDGMENT

PRECLUDE

CASES

BUT

CONSIDERATIONS

HOWEVER HAVE FAILED

US

334

WHERE THAT

SPECIFICALLY

WHICH

STATES

THE UNITED

AND WHILE

FACTS

NATURE

INAPPROPRIATE

AN

INVOLVES

TEST

TO SUPPORT THEIR

AUTHORITY

JUDGMENT

THIS

COMPLAINT

OF THEIR

TO COUNT

THE

OF

THE APPLICABILITY

NOT CONTEST

PLAINTIFFS

TREATMENT

OF

THAT

FACTUAL

PECIALIARLY

LEGAL

TEST

REALITY
ALLEGE

DO

SURTUNARY

THO

COURT

WOULD HAVE BEEN
MORE SOLID

STATEMENT

OF

AGREED

BASIS

SUBSEQUENT

DISTRICT

FOR THE EASTERN
UNDER THE

FAIR

LABOR

ANTS WERE NOT

THE KENNEDY

TO

OF TEXAS

STANDARDS

SUMMARILY

ACT

AFTER

AFFIRMED

FACTS BEFORE

LOWER COURT WERE SUFFICIENT

THE

FIFTH

GROUND THAT

ON LHE

THE

FINDING

COURT OF APPEALS

COUR

ADJUDICATED

THE

CONTRACTORS

INDEPENDENT

THE DISTRICT

DECISION

RIGHTS

DOFOND

CIRCUIT

THE

UNCONTROVERTS

TO WARRANT

ITS

FINDNG

ULTIMATE

THAT

APPELLEE

CONTRACTOR

WAS NOT AN INDEPENDENT
REASONABLE INFERENCE

DEDUCED FROM AN UNCONTROVERTED
THE CXISTENCE
NUMBER OF FACTS MAY ESTABLISH
ENTITLES
ONE OF THE
OF AN ULTIMATE
FACT THAT
MATTER OF LAW
TO JUDGMENT AS
PARTIES
DID
THIS CASE
WHEN THIS HAPPENED AS IT
IN
AND SUMMARY JUDGMENT IS SOUGHT RULE 56C
SHALL BE
REQUIRES THAT JUDGMENT
RENDERED FORTHWITH
CREEL
LONE STAR
968
DEFENSE CORP 171 F26 964
5TH CIR

FIRLY

RCVD

1948

UNDER

TO

THAT

IN

CONTAIN

FACTS

TO

THE

IF

FACTS

THE

IS

CDNTRARICTORY

DEFCNDANT

PRESENT

IF

THEN

THE

OR IF

COMPREHENSIVE

OF THE

DRUG COMPANIES

WOULD BE

RECORD CONTAINS
THIS

COURT CAN

ARE NOT

PLAINTIFFS

REALITY

US

REASONING

FROM WHICH

ON THE OTHER HAND

SUFFICIENTLY

RELATIONSHIP
JUDGMENT

ECONOMIC

AND

DETENDANT

SUMMARY JUDGMENT

OF DEFENDANTS
MATERIAL

SUPRA

UNCONTROVERTED

SUFFICIENT
CONCLUDE

KENNEDY

COURT OF APPEALS

ENTITLED

339

1950

497

CIRCUIT

ON OTHER GROUNDS

EMPLOYCE5

SWORN TESTIMONY

ON

THE RECORD DOES NOT

PICTURN

DEFENDANTS

OF PLAINTIFFS
MOTION

FOR

SUMAR

THE

JAEKSO

MUST BE DENIED
IN

DECIDING

RESEARCH CLINICS

DEFENDANTS

WHETHER

ARC IN

BOTH PARTIES

THE

INMATES

ECONOMIC
AGREE THA

34

WORKING

REALITY
IS

THE

AT

EMPLOYNER

OF

COURT MUAT CONSIDER

THE

EXTENT

THOSE

TO WHICH

INMALES

WALLING
THAT

OF DEFENDANTS
THE

THE

TO SUPPORT

AND CONTROL

SUPRA

IT

ONLY

LIMITED

EXERCISE

THE POSITION

IS

CONTROL OVER

HAVE

WARDEN OF THE STATE

KROPP

AND

OVER HIRING

DEFENDANTS

CONTENTIONS

OF GEORGE

AFFIDAVIT

TIRE

HAVE NO AUTHORITY

THEY

THEIR

HIRE

CAN

SANDERS

XT

THEY CAN

AND THAT

INMATES

FIRING

DEFENDANTS

FILED
PRISON

OF SOUTHERN MICHIGAN

INHIS

TREATMENT

OF PRISON

DIRECTOR

DETERMINES

COMMITTEE

CATION

INCLUDING

ASSIGNMENTS

TREATMENT

AND THE

SIDER

REQUESTS

MATES

RESEARCH

THE

OF INMATES

THE

DIRCCTORO

CON

FOR THE ASSIGNMENT

OFFICIALS

CAN PLACE

IN

OF THE DRUG

OVER THE OBJECTIRNS

CLINICS

CLASSIFI

HOWEVER WILL

AND UPJOHN

ALTHOUGH PRISON

THE

PRISON

CLINICS

CORMUITTAC

FRC PARKEDAVIS

AT WORK IN

THE

WORK ASSIGNMENT

EVERY

TO THE

SWEARS THAT

WITH

ACTING

CLASSIFICATION

INMATES

OF CERTAIN

WARDEN KROPP

AFFIDAVIT

COMPANIES
MOREOVER
IS

TREATMENT

SIMILARLY

DRUG COMPANIES

INMALES

PARTICULAR
REQUESTS
HIS

DEPUTY

THE

THE

REMOVED INMATES

FROM THE

WORK ASSIGNMENTS
INMATES

PARTICULAR

OF TREATMENT

RESEARCH CLINICS

AND HAS
ASSIGNED

OF

THAT

THE CLIRIICS

15

HE

DRUG
REMOVE

THOSE
THAT

SHE HOURS

PERFORMED BY INMATES

EXERCISED
TO

BUT

FROM

WARDEN KROPP MAINTAINS

FINALLY

TASKS

THE

OF ASSIGNMENTS
DIRECTOR

OF

REMOVAL OF INMATES

WARDEN HAS THE POWER TO DISAPPROVE

WORKED AND THE

CERTAIN

THAT

CAN BE DENIED

THE DIRECTOR

ROPP

THE KNOWLEDGE OR APPROVAL

THE CASE

AS IN

MAY REQUEST

COMPANIES

FOR

HA

AND

WITHOUT

ASSIGNMENTS

TO WARDEN

RESPONSIBLE

WORK ASSIGNNIENTS

FROM THEIR
CLINIC

ACCORDING

POWER IN

THE

ON ALL
CASE OF

THE

DEFENDANT

INSTANODS

BY THE

ASSIGNED

PERFORM SPECIFIC

TASKS

CLINIC

HAD NO NEED

TO THE

UPJOHN

PRISON

WERE SOMETIMES

REQUESTS

THE

BY UPJOHN

OFF

FILED

SAME EFFECT

INMATES

FROM THEIR
OF THEIR

TASKS

CLINIC

WERE IN

THE

PURSUANT

SUPER

UPJOHN

TO

AUTHORITIES

AND

CLASSIFICATION

THE

WITH

TO

ASSIGNED

BY UPJOHN PERSONNEL

BY PRISON

SOME

COMMITTEE
ALTHOUGH

HELP

APPROVAL

VETOED

TO REMOVE RMATES FROM THE

CLINIC

UPJOHN

WERE IN

INMATES

UPJOHN

INSTRUCTIONS

SPECIFIC

INMATES

AT THE

TO THE

CLASSIFICATION

PRISON

TOOK TIME

RULES WITHOUT

VISOR

THAT

FOR ADDITIONAL

CLINIC

IS

AFFIDAVIT

STATOS

AND

AS WARDEN KROPPS

TO

WA

AT JACKSON

CLINIC

OF THE

ADMINISTRATOR

WI1LY

OF RALPH

AFFIDAVIT

THE

ALSO INTRODUCED

COMPANY HAS

UPJOHN

CONRNTITTECI

SOME INSTAITEES

DENIED
THE

ANSWERS TO INTERROGATORIES
WHICH

PARKEDAVIS

FURTHER

CEEDING

BUTTRESS

THE

ACCORDING

TO THOSE ANSWERS

PERMITTED

TO SELECT

CLINIC

CLINIC

NO

16

CLINICS
ANSWER

THE

COMPANIES

FOR

TO KEEP AN INMATE

NO

BY PRISON

TO THE

16

RESEARCH

AUTHORITIES

WORKING IN

ASSIGNED

AUTHORITIES

13

KROPP

THE

INTERROGATORY ANSWER

AND THC HOURS WORKED BY INMATES
WERE REGULATED

PRO

DRUG COMPANY WAS EVER

THE PRISON

OVER DRUG COMPANY OBJECTIONS

AND

OF WILLY

ASSIGNMENT

NO

AND

SUMMARY JUDGMENT

AFFIDAVITS

NEITHER

AN INMATE

INTERROGATORY ANSWER

COULD REQUIRE

IN

MAY BE EXAMINED

OF BOTH UPJOHN

TO THE

INTERROGATORY

PLAINTIFFS
AFFIDAVITS

DEFENR3ANTS

CLINIC

CONTROVERTED

ARE

SUMMARY JUDGMENT

PROCEEDINGS

FILED

JUDGMENT

MOTION
THE

AN EXAMINATION

IN

BY PLAINTIFFS
FAILS

ALLEGE

CONTRADICTS

UPJOHNS SWORN

TESTATNONY

SELECT

THE INMATES

TO WORK IN

CLINIC

AS UPJOHN

BY THE COURT
AFFIDAVITS

TO THE

STATES
THAT

HE IS

THE

IS

THAT

WERE NOT

SO

HIS

AFFIDAVIT
REVEAL

OTHERWISE
SUIWNARY

JUDGMENT

EXAMINATION
THAT

HE IS

STATECB

STATED

AFFIANT

THEREIN

TO LESTIFY

CLINIC

AND

APPROVED

KNOWLEDGE OF THESE
IN

THE

FACTS

IS

ESPICH

COMNPEBENT

AMERICAN

HIS

APPROVED

COMPETENCY

UNSUPPORTED

ESPICH

KNOWLEDGE

ALL

INMATES

WHO

HIS

FACTS

LACKS

THE

IT

IMPORTANT

IS

CO

AND FIRSTHAND

BY ANYTHINQ

NOT IN

TO TESTIFY

SCWFLRJY

TO

AFFIANT

FROM PERSONAL

HOW HE KNEW THESE

OF AN AFFIANT

AND

PERSONS COULD NOT WORK THERE

DOES

PROCEDURE

REQUIRES

COMPETENT

WHILE

NOT

CONSIDERED

56E

RULE

NOTES

COMPANY PERSONALLY

SAID

CANNOT BE

THAT

COMPETENT

THE

WORKED IN

CORRECTLY

PLAINTIFFS
DID

THAT

KNOWLEDGE

MATTERS

UPJOHN

WHICH

BE MADE ON PERSONAL

SHOW AFFIRMALIVELY
TESTIFY

THE

SUMMARY

CONFLICT

LEE ESPICH

OF GAYLORD

OF THE

TO THE

OPPOSITION
SUCH

TO REVEAL

AFFIDAVIT

SINCE

CANNOT BE USED TO RESOLVE

YET

AMONG AFFIDAVITS

MUST BE TRIED

COUNT

THAT

WORK FORCE

BY PLAINTIFFS

SUBMITTED

BY SWORN TESLIMONY
CONCLUDE

MATERIALS

OF THE CLINIC

DIRECTION

THUS PLAINTIFFS

CONFLICT

ANSWERS CONCERNING

AND INTERROGATORY

AND THE

ASSIGNMENTS

TMT

HOWEVER CONTENDS

ATTORNEY

AFFIDAVIL
INASMUCH

SAFEGUARD

TO THE

THAT

TATTERS

HAMILTON

CONTAINOD
OR
AS

OF CROSS
IT

BE SHOWN

THEREIN

GLASSCO

254

FSUPP

271

LIENSON
IS

893894

F2D S89

1970

90

EDPA

1967

IT

LABORATORY

DIFFICULT

IS

FROM FIRSTHAND

TO TESTIFY

PERSONALLY
THAT

APPROVED

RULE

PLAINTIFF5

AFFIDAVIT

ATTORNEY

HAS

INMATES

BOYA SLAGER

CHESTER

SAWICKI

AND CALVIN

CLINICS

PORTIONS

OF

DEFENDANTS

AND

THOSE

WHO ARE

TO

REFERRING

BE STRICKEN

SUPPORT

THE

SELECTED

CLE

SIMS

THAT

FOUR

FILED

PARTIES

AFFIDAVITS

SWORN TESTIMONY

DRUG COMPANIES

CLIFLXC

ITS

IN

FAILING

AS

56E

OF JACKSON

RESEARCH

THE UPJOHN

WHO WOTKOD

WILL

OF INMATES

UPJOHNS SLECTION

ESPICH

ON WHETHER UPJOHN

KNOWLEDGE
INMATES

SINCE

INDCCD

HOW HE COUT9 BE COMPETENT

TO SEE

OF ESPICHS

PORTION

TO CONFORM WITFL

ALL

ACCORD GREEN

WHO WORKED IN

ONE OF THE INMATES

SIMPLY

HENCE

AR

7TH

DEFLEAUX

WHO WORKED IN
TO THE PRESENT
RATHER

PRISON

INMATES

OTHER AFFIDAVITS

FOR

THE

SUIT

THAN CONTRADICT

AUTHORITIES
WORK IN

NOT THE

THE RE5EARCH

CLINICS
AFFIDAVIT

OF BOYD SLAQER

WAS PLACED INTHE UPJOHN
FOLLOWING
PURPOSES OF WORK BY THE

AFFIANT
CLINIC

FOR

METHOD
WHILE WORKING IN THE
JUNE OF 1964
THE
STATE PRISON OF
OF
MAIN HALL OFFICE
COUNT CLERK ON THE
AS
SOUTHERN MICHIGAN
WAS OFFERED OR MADE
NIGHT SHIFT
AWARE OF AN OPENING IN THE UPJOHN MCDICAJ
THE WALLS
LOCATED INSIDE
RESEARCH CLINIC

IN

AFFI

OF THE PRISON
BY THE THEN INMATE CLERK
THEN REQUESTED AND WAS GRANTED
JOHN DUTZ
ADMINISTRATOR
THE CLINIC
JITH
AN INTERVIEW
AFTER UHAT INTERVIEW
WILLY
RALPH
PRISON CLASSIFICATION
REQUEST WAS MADE TO T1
AND IN
RETIRED
MR
SMCDGE
NOW
DIRECTOR
WAS TAKEN BEFORE
THE FORE PART OF JULY 1964
AND IT WAS
COMMITTEE
ON
THE CLASSIFICATI
HAD NO
OFFICIALS
DCCIDCD THAT THE PRISON
AND
IT
WT
APPROVED
TO THE TRANSFER
OBJECLION

THAL
STAYED ON TO HELP BREAK
PROVIDED
ANOTHER INMATE IN ON THE NAXN HALL OTFXCE
THIS WAS DONE AND IN AUGUST OF 1964
JOB
AN ASSIGNMENT
CHANGE ORDER WAS SIGNED BY
HANSEN DIRECTOR OF TREATMENT
MR
THAL
WAS TO GO TO WORL AT THE
INDICATING

1964
ON AUGUST 19
UPJOHN CLINIC
CLINIC
FULL TIME
ON
STARTED WORK AT THE
UNTIL
WHICH TONTINUED
JULY 19672
BASIS

OF CLEMENT
FLEDEAUX
AFFIDAVITS
AND
CALVIN
SIMS
SAWICKI
CHESTER

OTHERS WORKING AT THE CLINICS
DID
THEY WERE DRDERED TO DO SO BY
OF THE DOPARTMENT OF CORREC
REPRESENTATIVES
TIONS JUST AS THEY WOULD BE ORDERED TO WORK
AND
REFUSAL
IN
ANY OTHER PRISON INDUSTRY
RESULTED
WOULD
HAVE
IN
TO WOTK AS DIRECTLY
AND
COERCION
TO THEM AND SUCH
PENALTIES
THREAT WAS UNDER THE CIRCUMSTANCES CLEARLY
STATED
IF NOT EXPRESSLY
IMPLIED
HE AND
SO BECAUSE

THE

AFFIDAVITS

ALSO SAY THAT
VISION

DEFENDANTS
VISED

CONCERNING

OF CONTROL OVER INMATES

HOWEVER ADMIT

THE INMATES

WORK DEFENDANTS

THE

ERIEF

BY DEFENDANQS

SUBMITTED

RATHER

IN

THOSE AFFIDAVITS
OVER INMATES

SUPERVISION
AUTHORITY

OF PRISON

AUTHORITY

TO

THE

INDICATE

CLINICS

PARFORMANCC

TO THE

THAT

WAS ALWAYS

THE

DRUG COMPANIES

TO THE

WHO FREQUENTLY
DRUG COHIPANIES

AFFIDAVITS

CONTRARY

DEFENDANTS

SUBJECT

SUPER

OF CLINIC

AND THE

CLAIM

SUPER

CONTRADIC

AGENTS DIRECTLY

ON COUNT

OFFICIALS

DISAPPROVE

THEIR

DAYTODAY

DO NOT

THE

COMPANIES

TO THE

ASSIGNED

THAT

UNDER

THOSE STATEMENTS

ATTORNEY

SWORN TESTIMONY

DR

OF THE

AND SLAYER

SAWICKI

DEFLEAUX

WORKED DIRECTLY

EMPLOYEES

TO PLAINTIFFS

DEFENDANTS

SIMS

AFFIANTS

OF CIVILIAN

ACCORDING

LACK

THE

OF

DAYTODAY
OVERRIDING

EXERCISED

INSTRTTC

LIONS

THEIR
TO

INMATES
THE

IN

SIMPLY
IN

ROUTINE

COSIGNED

DEFENDANTS

CONTRADICTS

TO SELECT

INABILITY

CI

EXHIBIT

THIS

HIRING

THE PRESENT
FACTUAL

HELP

ONE PRESENTED

HIRING

IS

NOTATION

THAT

OFTEN

OF PROCEDURES

VARIETY

IN

MUST PRODUCE
DEFENDANTS

MUST BE DIFFERENT

AFFIANTS
BUT

SHORTHAND

SXMPLY

ATTAINMENT

THE

IN

THE WORD

TO CONNOTE ANY

USED BY BUSINESSMEN
RESULTING

ON

DISPUTE

PROCEDURES BY WHICH

DESCRIPTION

ON

PLAINTIFFS

PLAINTIFFS

BY DEFENDANTS

FACTUAL

IS

OF PARKEDAVIS

FACT

AND SUCH DESCRIPTION

FROM THE

NOT

MATERIAL

MOTION

CLINICS

THE CLINICS

CONLIN

RN

IS

OF THE

DESCRIPTION

RESEARCH

WE CANNOT AGREE WITH

SUMMARY JUDGMENT

INMATE

ACQUIRE

BY

SIGNED

AND

ON THE DRUG COMPANIES

WORK IN

FUR

THAT

OFFICIALS

THE

SWORN TESTIMONY

TO SHOW THERE

POINT

CONTROL

ACTUALLY

MAINTAINS

AT

OF INSUATES

OF UPJOHN

WILLY

DEFENDANTS

ATTORNEY

INMATES

LETTER

COURT TO CONSIDER

FOR THE

AND PARKEDAVIS

BY UPJOHN

TO TNE

BY DEFENDANTS

CLINIC

THE

PLAINTIFFS

FINALLY

REFERRING

IN

WORKING

TASKS

FACT

TO WHICH

EXTENT

1NMCUC WERE SUPERVISED

AWINIC

OF THEIR

PERFORMANCE

THE

THE INMATES

AND

THAT

ANOTHER UNCONTROVERTED

ANALYZING

LETTER

FR

1HE

TENCE

OF

WORK

FORCE
MOREOVER
IS

HIRING

ONLY

THE

ONE IN

DRUG COMPANY PERSONNEL

HAVE

STIPULATED

EXHIBIT
OF THOSE

FOR

AN

TO THE

EXHIBIT

FOR

THE REFERENCE

OF MANY LETTERS

OUR

COURTS

THE PURPOSES

LETTERS

CONTAINING

OR BY PRISON

SUBMITTED

HAVVU

PLAINTIFFS

LETTER

OF THE

EXAMMNAT

PRESENT

WHEN READ TOGCTHCI

20

BY

DEFENDANTS

OF THAT

MOTION

INDICATE

SIGNED

WHICH

OFFICIALS

CONSIDERATION

TO

ENTIRE

THE CON LENT

THAT

EVEN

THOUGH DEFENDANTS

WAS DETERMINED

THIS

PARTIES

COURT CONCLUDES

ESTBLISHED

ASSIGNED

E9

G4

EXHIBIT

WHEN INMATES

OF THE

WILL

PRISON

OFFICIALS

THE

TO THE

APPROVAL

OF PRISON

CLINICS

OFFICIALS

MAY BE GIVEN

THE
THE

DAYTODAY

COMPANIES

IN

CLINICS

FROM THESE
THAT NEITHER

OR FIRE

BY PRISON

INMATES
INMATES

OFFICIALS

INMALES

UPJOHN
AND

WORK PERFORMANCE

OF

THEIR
THE

NOR PARKEDAVIS

TMT

THE

COMPANICQ

AN

OFFICIALS

21

ARE

PER

SUBJECT

WORKING

OF DEFENDANT

FACTS

UNEONLROVERTED

THE

TASKS

BY DEFENDANT

SUPERVISED

PERFORMANCE

WITHOUT

TASKS BY PRISON

OFF FROM THEIR

ATE

ASSIGNMENT

MUST BE APPROVED BY

HOURS WARKED BY

INMATES

OF THE DRUG

PARTICUL

THE CLINICS

TIME

HAVE BEEN

SO REMOVED

THE

WHICH

DRUG COMPANIES

NOT THE

THE CONSENT OR KNOWLEDGE

WITHOUT

COMPANIES

IN

WARKING

DEC IDE

DISAPPROVAL

HAVE BEEN

HAVC

TESTIMONY

REMOVED FROM THEIR

BE

BY BOTH

FACTS

FOLLOWING

AND INMATES

DRUG COMPANIES

FORMED BY INMATES

INMATES

SUBMITTED

SWAM

THE

DESPITE

AND INMETRS

TO THE CLINICS

CONCLUDE

ADMISSIBLE

THE

THE

AUTHORITIES

PRISON

DETERININE

HIRE

CLINICS

TO THE

DRUG COMPANIES

THE

CLINXCS

THE

TO THE CLINICS

CAMPIN

APPROVAL

NOT

WARK IN

WILL

THAT

BY UNCONTROVERTED

OFFICIALS

PRISON
INMATES

ALL

REVIEWED

CAREFULLY

DOCUNWNTS AND INTERROGATORIES

AFFIDAVITS

THE

SEE

THE

TO

A5
HAVING

BEEN

OF INMATES

ANTHORITIE

BY PRISON

REFER

OCCASIONALLY

MIGHT

THE ASSIGNMENT

OF INMATES

HIRING

AND

PERSONNEL

SNBJ ECT

DRUG
DRAG

WORK AT THE
COURT MUST

HAD THE

RIGHT

SUPERVISION
TO FINAL

TO
OF

CONTROL

FACT

BUT THE

CONTROL

OR FINALLY

OF THE

DRUG COMPANIES

ENTIRE

FABRIC

LII

ARE EMPLOYEES

OF WHETHER PLAINTIFFS

ISSUE

ON THE

DETERMINATIVE

UNDER THE ECONOMIC

THE

TEST

REALITY

TO THE COMPANIES

RELATIONSHIP

OF PLAINTIFFS

NOT

IS

CLINICS

THE

IN

WORKING

INMATES

FIRE

HIRE

COULD NOT

DEFENDANTS

THAT

MUST BE CONSIDERED

THE

EXCLUDING

DEFENDANTS

KROPP

ELEMENTS

THAT

SERVING

PRISONCR5

PLAINTIFFS

TO PERFORM

SERVICES

THE

BY THE

DEPARTMENT

DEPARTMENT

RNC5
FOR

THE

CASE
BETVIEEN

THE

FAIR

OF CORRECTIONS

CLINIC

IN

STATE

TO

PAYMENTS
NEVER

AS

JUST

INDUSTRY
WERE

OPERATED

BY

OF MICHIGAN
DRUG COMPANIES

TO THE

AT PER DIEM

THE DRUG COMPANIES

FOR ITS

IN

INMATES

CONTRACTED

RATES

ESTABLISHED

TURN REIMBURSED
WORKING
WITH

THE

AT

THE

CLI

INMATES

OF COMPENSATION
INVOLVING

PRISONERS
LABOR

AUTHORITIES

DESCRIBED

BEEN

SERVICES

FOR THEIR

DRUG COMPANIES

THE PAYMENT

WALLS

AND OWNED BY THE

WERE PAID

BY THE DEPARTMCNT
THE

PREVIOUSLY

THE PRISON

DRUG COMPANIES

PLAINTIFFS

HAVE

AS

PRISON

ANY OTHER PRISON

TO WORK IN

CONVICTE

WERE LAWFULLY

DRUG COMPANIES

FOR DEFENDANT

WHICH

INSIDE

PERFORMED

ADMISSIONS

WERE ORDERED BY PRISON

THEY WOULD BE ORDERED
PHOSC SERVICES

JACKSON

IN

SENTENCES

CRIMINALS

OF WARDEN

PORTIONS

OR

ARE

PLAINTIFFS

BY

PRESENTED

JUDICIAL

AND THE PARTIES

AFFIDAVIT

IS

DISCUSSED

ALREADY

ANSWERS TO INTERRCGATORIES

ESTABLISH

THEY

OF THAT RELATIONSHIP

PICTURE

COMPREHENSIVE

AND

ST

AN ALMOST
PRIVATE
ACT

IDENTICAL

CORPORATION

BY THE

22

REDERAL

RELATIONSHIP
WAS DECIDED
DISTRICT

UNDER

COURT

FOR

THE WESTERN

TH
1948

GUM
ALSO HAD

CLAIMING

BE ENTITLED

IN

HUNTLEY

CONTRACT

STAMPING

DEFENDANT
PER DIEM

THE

REIMBURSED

WHICH

COMPENSATION

THE

STATE

OF THE

PRISONERS

OF MICHIGAN

WAS PAID
ABOVE

COMPLAINT

TO THAT
THE

ACCORDING

ALLEGED

FOR THE

BY THE STATE

ALIOGATIONS

UND
THAT

INMATES
OF

JUDGE

MICHIGN
STARR

SAYING

THE COMPLAINT IN THE PRESENT CASE
FAILS
TO ALLEGE FACTS SHOWING THAT PLAINTIFFS
THE
WERE EMPLOYEES OF THE DEFENDANT WITHIN
THE
WORDS
AND
OF
EMPLOY
EMPLOYEE
MEANING
THE ACT EFAIR
LABOR STANDARDS ACT
AS USED IN
SHOWS
THE COMPLAINT
AFFIRMATIVELY
IN FACT
OF
THE
THAT THE PLAINTIFFS
WERE EMPLOYEES
AND NOT OF THE
MICHIGAN
PRISON INDUSTRIES
CONCLUSION IT
DEFENDANT
IN VXEW OF THIS
THE QUESTION
OF
TO
DCTCRMINE
UNNECESSARY
THE VALIDITY
OF THE CON BRACT BETWEEN THE
DEFENDANT
79

FSNPP

ATID

AT

PLAINTIFFS
CASE

FROM THE

COMPANIES

PRESENT

EXERCISED

THE PRISON

INDUSTRIES

116

HOWEVER WOULD DISTINGUISH
SUIT

BECAUSE

HERE

THE

DEGREE OF SUPERVISION

23

TO

BY PRISON

AND WHO WERE

FURTHER

PLAINTIFFS

DIRECTION

ON THE BASIS
DISMISSED

BY THE DEFENDANT

WHO WERE PAID

DEFENDANTS

CASINGS

WORK WAS SUPERVISED

PLAINTIFFS

COMPLAINT

FORCE TO

TO WORK IN

ASSIGNED

SHELL

OF

STATE

LABOR

PURSUANT

CASINGS

UPON THOSE

PLANT

CONVICT

WITH

DEFENDANT

WITH

THE

WHEREBY

WERE ALLEGEDLY

PLAINTIFFS

EMPLOYEES
THE

OF SHELL

THE MICHIGAN

CONTRACT

CORPORATION

DEFENDANT

WOULD SUPPLY
ASSEMBLY

INTO

THAT

PLAINTIFF

AS

WAGE

MINIMUM

ALLEGED

ENTERED

COMMISSION

WORK ON THE

THE

PLAINTIFFS

WNMICH

110

PRISON

OF JANLCSON
FEDERAL

TO THE

MANU

PRIVATE
MICHIGAN

INMATES

CERTAIN

FSUPP

79

CASE

THAT

1948

IN

COMPANY

FURNITURE

TO

CORRECTIONS

PRISON

OF MICHIGAN

DISTTITH

THE

HUNTLEV

DEFENDANT

DRUG

OVER INMATES

THE

TO

ASSIGNED
EMPLOYEES

DIRECTED

THE

ON THIS

CASES

IN

THE

THAT

HUNT1C
THEIR

THE

AND

112

THOSE

STAMPING

DIRECTION

TO ASSUME THAT

PLAINTIFFS

IN

THEIR

ASSUMPTION

CORRESPONDS

THE ALLEGATION

DEFCNDANT

THE

WORK AT

TO THE

THE

INMATES

SUPP AT

79

FOR

COURT

AGENTS

SUPERVISED
THAT

PLANT

STAMPING

UNCONTROVERTED

TRUE

AS

THE IJUNTLEY

DEFENDANTS

THE

IN

UNDER THE

WERE

TODISMISS

ROUTINE

TO DISTINGUISH

HAD TO BE ACCEPTED

ALLEGATIONS

WAS REQUIRED

PRISON

WHO SUPERVISED

PLANT

OF THE

OF THE MOTION

ONLY

WORK FORCE

ETNPLOYEOS

THE PURPOSES

NOW BEFORE

FACTS

COURT

THE

IN

ING

OUR OPINION

STARRS

JUDGE

THERE WERE NOT EMPLOYEES

PRISONERS

WITHIN

THE MEANING

OUR EASE

WE BELIEVE

CORPORATION

SIMILARLY

IN

OF THE PRESENT
REQUIRES

OF THE
THE

CRIMINALS

THAT

ECONOMIC

WORK ON THE

THEY LBVE

IS

REALITY

STATE

IN

BEEN

AND PAID

NORMAL RIGHTS

THEIR

ENTERPRISES

THEIR

FLSA

THE

MANUFACTUR

WAS CORRECT

ECONOMIC

PLAINTIFFS

REALITY

FACTS

ARE

NOT

LABOR

OF THEIR

THE

STATE
OFFICIALS

BY PRISON
PRIVATE

PRIVATE

NEED

TO

CORPORATIONS

IN

RETURN

FOR

THE

CORPORATIONS

HAVE

TO DETERMINE

WHEN

ADDITIONAL

WORK FORCE

WORK FORCE MEMBERS WITH

CONVICTED

ARC

PENITENTIARY

BY THE STATE

THEIR

MEMBERS

OF THE

FOR

RELINQUISHED

THE

DEFENDANT

THAT PLAINTIFFS

ASSIGNEE

CONVICT

SELECT

OF THE

THE

DRUG COMPANIES

USC OF THIS

WHC

THAT

ON UNCONTROVERTED

PENITENTIARY

RATES ESTABLISHED

DECISION

THAT

THE PRESENT

DEFENDANT

INCARCERATED

PRISONERS

BASED

SITUATION

FINDING

EMPLOYEES

AND

HUNTLEY

GROUND WOULD IGNORE

THE

SUPERVISION

IN

CONVICTS

PRISON

WORK IN

SINCE

WHILE

CLINICS

TO

HELP

TO REMOVE

FROM

WHOM THEY ARE DISSATISFIED

AT

CONTROL

TO

FIND

TO

RNATTERS

THAT

LABOR

FORCE EXCEPT

ON THOSE

FACTS

IN

THAT

THE MOST ROUTINE

AN EMPLOYMENT

RELATION

CO

SHIP
IS

EXISTS

CONTRARY

BETWEEN

THE PRISONERS

TO THE

ECONOMIC

MOREOVER WE
FAIR

THE

SETTING

OF WAGES

MANY VARIABLES

CRIMINALS

IT

GOVERNMENT
IS

THOSE VARIABLES
DESIGNED
FAIR
82

TO GIVE

LABOR

UNLIKELY

AT THE

7298

1ST

SEAS

PP

34

MARKET

9260

1395
9265

AND MADE IT

THE

THAT

WORKING

CONSIDERATION

SITUATION

OF

AND WHICH

THAT

ANY OF

IT
THE

CONGRESS CONSIDERED

GENERAL LEGISLATION

ADOPTED
RIGHT

TO

SUBSISTENCE

1505

SEE ALSO

HAS HOWEVER

1507

7672
83

7885

CONG REC

REP NO 1452
7STH

CONG

RECOGNIZED

USED TO COMPETE WITH

WAGE

1ST

75EH

CONG

BOSS

THE POSSIBILITY
THE FREE

LABOR

TO

THOWINGLY TRANSPORT IN INTERSTATE
ANY GOODS WARES OR MERCHANDISE
PRODUCED OR MINED WHOLLY OR IN
CONVICLS
OR PRISONERS
PARL BY
EXCEPT CONVICTS
OR PRISONERS
ON PAROLE OR PROBATON OR IN ANY
PENAL OR REFORMATORY INSTITUTLIR

COMMERCE
MANUFACTURED

THIS CHAPTER SHALL NOT APPLY TO
COMMODITIES
MANUFACTURED IN
FEDERAL
DISTRICT
OF COLUMBIA
INSTITUTION
STATE
OR
FOR
BY THE FEDERAL GOVERNMENT OR BY THE
DISTRIEL
OF COLUMBIA
OR BY ANY SFALE OR
POLITICAI
SUBDIVISION
OF
SLATE
18

USC

176L

ON

OF

1491

CRIME

SITUATION

POLKY ON REHABILITATION

PEP NO 884

LABOR BEIIY

PRISONERS

REQUIRES
TO

INTENDED

PRESENT

CONG REC 7652

ACT

STANDARDS

CONGRESS

OF CONVICT

TIME

EMPLOYEES

CONG REC 1386

7283

OFFICIALS

RELATIONSHIP

THAT CONGRESS

TO COVER THE

WHICH ARE UNIQUE

AFFECT

DIRECTLY

THINK

INCARCERATED

FOR

BY PRISON

ASSIGNMENT

ACT

CORPORATIONS

OF THEIR

REALITY

DO NOT

LABR STANDARDS

THE

AND PRIVATE

NEVERTHELESS
WHO IS

PRISONER
FOR

PRIVATE

BECAUSE
FAIR

PRISONER

ACT

ARE NOT

PLAINTIFFS

DEFENDANT

DRUG COMPANIES

DEFENDANTS

HENCE

OUTSIDE

STATUS

WE ONLY
IN

ECONOMIC

AS

THAT

MOTION

FOR

THE

COVERAGE OF THE
ON THE PRESENT

REALITY

WORD IS

OF

EMPLOYEES

DEFINED

THE

IN

ACT

ON COUNT

JUDGMENT

SUTNANARY

WORK

IS

PREMISES

THAT

FIND

ANY

TO PERFORM

ON THE PENITENTIARY

CORPORATION

OF HIS

OFFICIALS

BY PRISON

ASSIGNED

MALOR STANDARDS

FACTS

COURT DOES NOT NOW HOLD THAT

THE

IS

GRANTED

DEN
IN

IN
ITS

CLAIM

INVOLVES

CC

UNITED

FLEFENDANTS

DISMISS
RELIEF

COUNB II

THE MICHIGAN

MINIMUM

WAGE

MICHIGAN

LAW SECTION

THE PROVISIONS

AND

US

383

TO STATE

UNDER THE

THE COURT UNDER

OURSIER

HAVE

408281

TO THOSE CONTAINED

BEFORE

GIBBS

FILED
CLAIM

289

US

715

1966

MOTION

26

238

TO

UPON WHICH

MINIMUM

14

NASHVILLE

WAGE

LAW

PROVIDES

OF THIS ACT SHALL NOT APPLY TO
WHO
EMPLOYER
IS SUBJECT TO THE MINIMUM
ANY
OF
CILIA
WAGE PROVISIONS
FEDERAL FAIR LABOR
STANDARDS ACT OF 1928
OS AMENDED EXCEPT IN
ANY CASE WHERE APPLICATION
OF SUCH MINIMUM
WOULD RESULT IN
LOWER
WAGE PROVISIONS
MINIMUM WAGE THAN PROVIDED IN THIS ACT

MSA

II

UNDER THE

CORN LAWS

LOUISVILLE

AND PARKEDAVIS

CAN BE GRANTED

MICH

COUNT

CLAIM

FORTH

BURN

WORKERS

FOR FAILING

TO DISMISS

IDENTICAL

SLIER

1909

175

MINE

UPJOHN

1964

AND IS

COMPLAINT

US

213

SET

ALLEGATIONS

JURISDIDTION

PENDENT

MOTION

PLAINTIFFS

WAGE LAW OF

OF THE

COUNT

1923

TI

COUNT

MINIMUM

NICHIGAN
IHAT

DRUG GGMPANTES

WAGE LAW IS

MINIMUM

MICHIGAN

BOTH

BECAUSE

1932

WHICH

LAW

PLAINTIFFS

ACT PROVIDES

TO MEAN ONLY
FEDERAL

THAT

THE

OF THE

SUBJECT

JURISDICTIONALLY

ENTERPRISE

OF ITS

NATURE

WAGE RATE

MINIMUM

FEDERAL

IN

NEITHER

PLAINTIFFS

SUPPORT

OF THEIR

14

SECTION

IT

DEFENDANTS
ESCAPE

THE MICHIGAN
UNDER

THE

YET WHILE

MINIMUM

ACT

BUT

LAW

WTHIN

FEDERAL

TO

DUE

RESPECLIVE

THE

INTERSTATE

THEN THAT

THE

EMPLOYER

LAW

WAGE

HAVE CITED

ANY

OF

CONSTRUCTIONS

HOWEVER THAT PUBLIC

POLXCY

THE NARROWER CONSTRUCTION

POINT

EMPLOYERS

MICHIGAN

MINIMUM
SUCH

OF FEDERAL

WERE

EMPLOYER

FROM PAYING

WERE EXCUSED

MINIMUM

TO THE

WAGE RATE

MICHIGAN

NOR DEFENDANTS

WAG

THE

THE

FOR SOME REASON

WAGE TO ALSO
RESULT

IS

WHO

ESCAPE

PAYING

NOT REQUIRED

PREEMPTION

COURT HOLDS THAT

ARE JURISDICTIONALLY

WCIGE

EMPLOYECS

FEDERAL

NOT SUBJECT

THE FLSA

W6ULD PERMIT

MINIMUM

THE DOCTRINE

COMPAN2ES

ON THIS

ADVOCATE

PAYING

TO

TO PAY THE

ARE

IF

RENCE

WOULD SEEM

FAVORS PLAINEIRFS

REQUIRED

FLSA

TO THE MICHIGAN

WOULD BE SUBJECT

EASES

WHO ARC
THE

TWO

OF

WAGES THAN THE MICHIGAN

LAW PROVIDED

WAGE

ARE

HAND WOULD CONSTRUE SECTION

OTHER

EMPLOYERS

MINIMUM
HIGHER

THE

ACT

LABOR STANDARDS

FOR HIGHER

WAGE UNDER

MIFLHLRILIFI

MICHIGAN
IS

OXI

THE FAIR

TO

SUBJECT

SUIT

MANUFACTURERS

INTERSTATE

AS

THE

LAN9UAGC

TO THE PRESENT

INAPPLICABLE

DRUG COMPANIES

JURISDICTIONALLY

UNDER THIS

CONTEND THAT

DEFENDANTS

SUBJECT

DEFENDANT

DRUG

TO THE MICHIGAN

IT

FURTHER

FINDS

THE

MEANING

OF THAT WORD AS

PLAINTIFFS

ARE

NOT

DOFINED

IN

THE

THE

BETWEEN
MEANS AN INDIVIDUAL
OF
18
AND
65
BY AN
EMPLOYED
YEARS
AGES
THE
OF
THE
PREMISES
EMPLOYER ON
FIXED SITE
DESIGNATED
BY THE
OR AT

EMPLOYEE

MSA

EMPLOYER

IN

WORK

NSA

THE MICHIGAN

COMMON LAW TEST

EMPLOYMENT

IN

FACTUAL

TOTAL

GOODAHULD

REALITY

354

NNSKOVITZ

TATE

IF

DECIDING

MUST BE EXAMINED

SHIP

TO

RELATIONSHIP
EMPLOYED BY

IS

ACT

RCIATIONSHLP

AN EMPLOYMENT
OF REMEDIAL

SITUATION

ERICKSON

MICH

THE RELATION

699
15

ECONOMIC

OF

MICH

375

695

EMPLOYMENTSECURITYS92

ONE

LEGISLATION

SOCIAL

SURROUNDING

IS

THE TEST

AND

SUPREME COURT

THE MICHIGAN

INSTEAD

FOR THE PURPOSE

THE

RULED

IN

WORKMENS COMPENSATION

ACT

SECURITY

EXISTS

SUPREME COURT HAS

MASTERSERVANT

OF

STATEE

THE

THAT

DIRECTED

HAVE

OF WHETHER ONE PERSON

NOT DETERMINATIVE

ANOTHER UNDER

1964

ENACTED

THOSE DEFINITIONS

NEVER BEEN CONSTRUED

IS

OR PERMIT

172552

ALTHOUGH

THE

ENGAGE SUFFER

TO

TURN MEANS

EMPLOY

THAT

172552B

289

19597

1965

293

FOSLERV
99401

MICH APP 96

1968
THE

SINCE

THE

LEGISLATION
THE

EMPJ

MINIMUM

EQUALLY

ACT

WHETHER PJAINTI
OF DOFENDANTS

WAGE

MINIMUM

WAGE LAW IS

OF THE MICHIGAN
AND

AS WELL

RELATIONSHIP

OF PLAINTIFFS

EMPLOYEES

REASONING

SECURITY

ACT WOULD APPJY

DETERMINING

MICHIGAN

WITHIN

SUPREME

COURT UNDE

THE WORKMENS COMPENSATINN
TO

IT

AND

TO DEFENDANTS
FFS

REMEDIAL

ARC
THE

LAW

JO

IN

THE

FABRIC

NMST BE EXAMINED

CEOFLOLNIC

MEANING

EFIBIRE

REALITY

OF THE

MICHIGAN

IN

BUT

COUNT

ND

PARTIES

THAT

WITHIN
THE

CLAIM

DEFENDANTS

UNDER

THE
AS

II

COURT WILL

ACT

MINIMUM

SINCE

TO

APPLICABLE

MICHIGAN

ENTITLED

OF DEFCNDANT

STANDARDS

LABOR
LIKEWISE

IS

THE

SIMILARLY

THUS
COUNT

DISMISS
WHICH

ARE

II

TEST

REALITY

PLAINTIFFS

FAIR

OF THE

THE MEANING

BY THE

SUBMITTED

AFFIDAVITS

ARE NOT EMPLOYEES

PLAINTIFFS

ECONOMIC

COUNT

ON THE

DCCIDED

UNDER

MADE SUCH AN EXAMINATION

HAS ALREADY

COURT

THE

WAGE

LAW

TO SUMMARY JUDGMENT
TREAT

DEFENDANTS

ON

MOTION

UNDER RULE

ONE FOR SUMMARY JUDGMENT

TO

12C

PROVIDES

IF

MOTION FOR JUDGMENT ON THE PLEADINGS
ON
THE PLEADINGS
ARE PRESENTED TO
MATTERS OUTSIDE
AND NOT EXCLUDED BY THE COURT THE MOTION SHALL
BE TREATED AS ONE FOR SUMMARY JUDGMENT AND
IN RULE 56
DISPOSED OF AS PROVIDED
RULE 12C

FRCP

MOTION FOR SUMMARY JUDGMENT ON COUNT III
DEEENDANT DRUG COMPANIES CROSSMOTION FOR SUMMARY
FILED FLY
MOTION TO DISMISS
JUDGMENT ON COUNT III
DIRECTOR
THE
OF
CORRECTIONST
DEFENDANT DEPARTMENT
OF
L4EMBE
CORRECTIONS
AND
OF THE DEPARTMENT OR
THE CORRECTTONS COMMISSION

PLAINTIFFS

III

COUNT

OF THE

FOR DAMAGES UNDER MICHIGAN
SIMILAR

ALLEGATIONS
COUNT

IV

AND IS

DICTION

IN

WERE UT3BZED

LAW WHICH

THE

III

PLAINTIFFS

BY DOFENDANT

AGREEM9FLTS

BETWEEN

THE

DEPARTMENT

OF CORRECTIONS

FACTUAL

INVOLVES

COURT UNDER ITS
STATE

QUESTION

PENDENT
THAT

THEIR

DRUG COMPANXES PURSUANT

DRUG COMPANIES
WHICH

29

AND

ARE ILLEGAL

CLAIM

ALLEGES

FEDERAL

TO THOSE RAISING

BEFORE

COUNT

AMENDED COMPLAINT

THE

IN

JURIS
SERVICES
TO

MICHIGAN

UNDER SECT4ON

OF THE MICHIGAN

PRISON

ACT

INDUSTRIES

PA

210

1935

CORN

800305

LAWS 1948

NOR SHALL

HIRED

LEASED

OF PRISONERS BE SOLD
CONTRACTED FOR OR

LABOR

LOANED

OTHERWISE USED FOR PRIVATE
OR CORPORATE
OTHER
OR FOR ANY
PROFIT
PURPASE THAN THE
OR OPERATION
OF
CONSTRUCTION MAINTENANCE
AS DIRECTED
PUBLIC WORKS WAYS OR
PROPERTY
281525
BY THE GOVERNORT

OF THE

BECAUSE

ALLEGED

UNDER SECTION
ACTION
FOR

THE REASONABLE

DEFENDANT

TIONS

THE

AND THE

DIRECTOR

EITHER

THEY HAVE

CAUSE OF

TORT OR IMPLIED

SERVICES

DEFENDANT

INDIVIDUAL

AGAINST

DEPARTMENT

CONTRACT
THE
OF CORREC

CORREC

MEMBERS OF THE

COMMISSION
HAVE NOW

PLAINTIFFS
COUNT

IN

OF THEIR

DRUG COMPANIES

ITS

TIONS

LAW

VALUE

THAT

CONCLUDE

PLAINTIFFS

UNDER MICHIGAN

OF THOSE LABOR CONTRACTS

ILLEGALITY

ITT

RNOTINN

WHILE

DEFENDANT

DEPARTMENT

HARRISON

AND

CORRECTIONS
COUNT III
CLAIM

THE

ENTITLING

TO DISMISS

INDIVIDUAL

THE

THEM TO RE1IEF
ACCOMPANIED

COURT WILL

IN

SINCE

ADDITION

DIRECTOR

MOTION

GROUND THAT PLAINTIFFS

HAS BEEN

WARDEN KROPP

ITS

ST AS

GUS

MICHIGAN
TO DISMISS

HAVE

FAILED

TO STATE

HOWEVER THAT MOTION

BY ANOTHER AFFIDAVIT

TREAT

CROSS

HAVE FILED

MEMBERS OF THE
FILED

ON

SUMMARY JUDGMENT

COUNT

ON THIS

OF CORRECTIONS

CORMMISSAON HAVE
ON THE

FOR

DRUG COMPANIES

FOR SUMMARY JUDGMENT

DEFENDANT

IN

OF

ONE FOR SUMMARY

SECT3ON
OF THE MICHIGAN
PRISON INDUSTRIES
ACT 210
SECTION
OF THE
IS
NOW
P1‰ 1935
CAM LAWS 1948
800305
CORRECTIONAL
INDUSTRIES
CORN LAWS
ACT 15
1968
MICHIGAN

80G

PA

12C

UNDER RULE

JUDGMENT

WHICH

PROVIDES

ON

MOTION FOR JUDGMENT ON THE
MATTERS OUTSIDE
THE PLEADINGS
ARE PRESENTED TO AND NOT EXCLUDED BY THE
COURT THE MOTION SHALL BE TREATED AS ONE
FOR SUNMTARY JUDGMENT AND DISPOSED OF AS
PROVIDED IN RULE
RULE 12C

PLEADINGS

56

RC

THE
ON THE

QUESTION

RAISED

BY THE

UNCONTROVERTED

FACTS

AS

ANY OF THE

LAW

MICHIGAN

ARE ENTITLED

PATTIES

THOSE

FACTS

PLAINTIFFS
JACKSON

PURSUANT

TURNS1
CLINICS
STATE

LABOR

BUILT

ORDERED
BRIEF

CLINIC

CONTRACTS

FACTS

AS

LEGALLY

MATTER

OF

INCARCERATED

IN

ON ORAL

OF CORRECTIONS

DEPARTMENT

IN

ARGUMENTS

BETWEEN DEFENDANT

FOR USE

MAE PRISON

BRIEF

ANMATES

OF CORRECTIONS

JUST

THE

LATTER

THE RESEARCH

BUT

OWNED BY THE

THE

30

1969

CLINICS

BY

THEY WOULD BE

AS

INDUSTRY

PLAINTIFFS

1969
DRUG COMPANIES

FOR THE

LABOR OF THE

PAID

CERTAIN

INMATOS

PLAINLIFTS
DEFENDANTS

BRIEF
MAINTAIN

UNDER SECTION

OF OCTOBER
THAT

EVEN

SUMS

ASSIGNED

TO MONTHLY CHARGES MADE BY THE

WERE ILLEGAL

DRUG

IN

OF OCTOBER

WORKED IN

ANY OTHER PRISON

30

ACCORDING

OF CORRECTIONS
ON THOSE

CONTRACTS

PLAINTIFF

TO WORK IN

OF MICHIGAN

COUNT

TO JUDGMENT

PLAINTIFFS

DEFENDANT
STATE

TO

THE DEPARTMENT

OF OCTOBER

IN

TO THE DRUG COMPANIES

OF MICHIGAN

ORDER OF

DISCUSSED

ARE

BY THE COMPANIES

THE

WHETHER

STIPULATION

AND DEFENDANT

COMPANIES

IS

ALREADY

ARE OR WERE

PRISONPLAINTIFFS

ABOVE MOTIONS

30
IF

TO

THE

TO

THE

DEPARTMCNL

1969
THE

OF THE MICHIGAN

LABOR
PRISON

ACT

INDUSFRIES
AGAINST

ANY OF THE

THDR SERVICES
LII

TO JUDGMENT

ACT

RISE

CREATE

FOR THE

DEFENDANTS
OF MICHIGAN

TO

FOR

BY DEFENDANTS

WOULD

CAUSE OF ACLION

FOR

INSTEAD

PLAINTIFFS
PROSECUTION

AS

THE

ARE THEREFORE

REMEDY FOR

ENTITLED

WHETHER

INDUSTRIES

PRISON

DAMAGES WE BELIEVE

THAT

NOT

FACTS

ON THE

PRESENT

MONEY DAMAGES IN

THAT ACT

OF

LAW

OF THE MICHIGAN

CLAIM

VALUE

REASONABLE

COURT HAS EVER DECIDED

NO MICHIGAN

OF SECTION

GIVES

VIOLATION

THAT

MATTER

AS

ALTHOUGH
VIOLATION

DEFENAANTS

AND

CAUSE OF ACTION

NOT HAVE

DO

PLAINTIFFS

AUTHORIZES
ITS

WILLFUL

SUCH

FAVOR OF

CRIMINAL
VIOLATIOTIST

VIOLATION
OF
SOC 14
WILFUL
XTIOLATIONS
OF
THIS
ACT
AN
OF
THE
BY
PROVISIONS
ANY
OFFICER OF THE STATE OR OF ANY POLITICAL
SUBDIVISION
THEREOF OR BY ANY OFFICER OF
INSTITUTION
SHALL BE
OF EITHER
ANY
REMOVAL
FROM OFFICE
SUFFICIENT
CAUSE FOR
SHALL ALSO BE SUBJECT TO
AND SUCH OFFICER
AS HEREINAFTEIT
PROVIDED
PROSECUTION

NSA

2815342

PRISON
SECTION
14 OF THE MICHIGAN
13
OF THE MICHIGAN
CORRECTIONAL
NOW SECLION
WHICH PROVIDES

INDUSTRIES
INDUSTRIES

OF ANY OF THE PROVISIONS
WILFUL
VIOLATIONS
OF THIS ACT BY AN OFFICER OF THE STATE OR
OF ANY POLITICAL
SUBDIVISION
THEREOF OR
OFFICER
OF
INSTITUTION
OF EITHER
BY ANY
ANY
REMOVAL
FROM
SHALL BE SUFF5 CLEAT CAUSE FOR
ANTI
OFFICE
SUBJECT SUCH OFFICER TO
AS PROVIDED IN SECTION
PROSECUTION
CORN LAWS
28254013
800333

MSA

32

14

ACTIS
ACT

15

SEC

PENALTY

FINN

ANY PERSON

OR

VIOLATE

ANY
CORPORATION WHO SHALL WILFULLY
OF THIS
ACT SHALIBE
OF THE
OF
MISDEMEANOR AND UPON
DEEMED GDILTY
CONVICTION
THEREOF SHALL BE PUNISHED BY
FINE OF NOT LESS THAN ONE HUNDRED 100
DOLL2RS NOR MORE THAN FIVE HUNDRED 500
IN THE COUNTY
DOLLARS OR BY IMPRISONMENT
FOR
PERIOD OF NOT MORE THAN NINETY
JAIL
DAYS OR BY BOTH FINE AND IMFRISONMENT
THE
DISCRETION
OF THE COURT
AT

PR6VI

90

281535

HLSA
WHILE

STATUTE

THAT

RECOGNIZED

TO PROTECT

US

BEFORE

191

FOR PRIVATE
OF THAT

PRISONS

FOR

CO

UNITED

PRISON

INDUSTRIES

YANDOTTE

IS

LA

PROTECTINMATES

FROM BEING

COMPELLED

RATHER

PROFIT

CORPORATE

SECTION

DAMAGES ON

ACTION

CIVIL

HE FALLS

WAS INTENDED

STATUTE

CRIMINAL

OF THE MICHIGAN

HOWEVER WAS NEVER INTENDED
MICHIGAN

GENERALLY

STATES

1967

202

SECTION

IN

IS

DEMONSTRATE

MUST FIRST

HE CAN BASE

LAW

IT

NEVERTHELESS

PERSONS THE

OF

OF CRIMINAL

VIOLATION
389

PLAINTIFF

THE CLASS

DOES NOT EXPRESSLY

STATUTE

DAMAGE SUIT

CIVIL

AUTHORIZE

WITHIN

THOUGH THAT

EVEN

CRIMINAL

FROM

FOR DAMAGES MAY BE INFERRED

AN ACTION

IN

PERTINENT

ACT

INCARCERATED

TO PERFORM

THE PRIMARY

SERVICES
PURPOSE

PART

PRISON INDUSTRIES
15 OF THE L4ICHIQAN
SECTION
INDUSTRIES
CORRECTIONAL
14 OF THE MICHIGAN
NOW SECTION
WHICH PROVIDES

ANY PSIRSON FIRM OR CNRPORATION WHO WILLFULLY
OF THIS ACT 15
VIOLATES
ANY OF THE PROVISIONS
CMI
LAWS
GUILTY OF

MISDCM

800334

MSA

28A54014N

33

ACT IS

ACT

TO ELIMINATE
211
BETWEEN PRISONER
SECTION

SHIPS
LABOR
IN6USTRIES

MSA
IT

PRISON

INMATES

IS

THAT

TO PROTECT BY THE

PURSUE

THE MICHIGAN

EAACEMENT

INTENDED

THE

NOT

10

AN ACTION

AND FREE
PRISON

MICHIGAN

800310C

LAWS

THE WORK FORCE OUTSIDE

HENCE

ARE

ACT
281530

RELATION

COMPETITIVE
LABOR

THE

PRISON

SINCE

OF SECTION

PLAINTIFFS
THEY CANNOT

OF SECTION

FOR DAMAGES BASED

ON

NOB

WAS ATTEMPTING

LEGISLATURE

BENEFICIARIES

WALLS

VIOLATION

OF

THAT

SECTION
THERE
RECOVER
IS

DAMAGES FROM DEFENDANTS

BECAUSE

DEFENDANTS
LABOR

PLAINTIFFS

DID

THEM OF ANY PROPERTY

ON THE
ILLEGAL

ALLEGEDLY

NOT

AS

TO WHICH

OF THE MICHIGAN

THRUST

THE

CANNOT

SECOND REASON WHY PLAINTIFFS

IS

PLAINTIFFS

PRESENT

FACTS

UTILIZATION

CONTEND

TNEY WERE ENTITLED

PRISON

INDUSTRIES

ACT

OF
DEPRIVE

INSTEAD
IS

PRISON INDUSTRIES
SECTION
10 OF THE MICHIGAN
INDUSTRIES
11 OF THE MICHIGAN
CORRECTIONAL
NOW SECTION

800331

LAWS

COIN

THE
CORN

LAWS

CORRECTIONAL

800321325
IDENTICAL

IN

MSA

281540

THAT

11

PA

THAT

ACT

IS

ACT

1935
INDUSTRIES
ACT 210
THE
BEEN
800301319
HA5
REPEALED BY
MICHIGAN
CORN LAWS
INDUSTRIES
196H
ACT 15
THE 1968 ACT HOWEVER IS SUBSTANTIALLY
CONTENT TO THE 1935
ACT
MICHIGAN

PRISON

PA

34

THE

OF INMATES

LABOR

AND WQRKING

PENITENTIARIES
BELONGS

FEDERAL

IN

CONRB FOR

DISTRICT

NUNT1

IT

OFFICIALS

OF THE

APPROVAL

OF MICHIGAN

DISTRICT

THE WESTERN

THIS

INMATES
THE

RECEIVED

MAFLUFAG

CUNN
ON ALMOST

CONCLUDED

THAN TO THE

EARLIER

OF THE ACT

CONSTRUCTION

MICHIGAN

ON THE ORDER OF PRISON

RATHER

TO THE STATE

IN

INCARCERATED

LAWFULLY

WHEN JUDGE STARR

SUPRA

FACTS

IDENTICAL

THAT THE LABOR OF THE
OF THE STATE
AS INMATES
PLAINTIFFS
PRISON BELONGED TO THE STATE OF MICHIGAN
79 FSUPP AT 113

SINCE

THE

AT

THEY NOW CHALLENGE
ENTITLED

THEY WERE ORDERED

TIME

TO RE COVER THE

UNDER ANY THEORY

OF ACTION

ON

OF THE MICHIGAN

NMATE

THE

LABOR HAS BEEN

INMATES
ALREADY

IN

WAS TO PROTECT
CRIMINALS

PRISON

INDUSTRIES

ONLY

REGULATING

ACT

OF THEIR

FRUITS

WITH

INDUSTRY

PRIVATE
THE

FREE LABOR MARKET
REGARDING

THE

CASE SUGGESTING
THE USES

OF PRISON

35

ENACTMENT

CONFERRING

OF THE

BUT

AS

OF SECTION

NOT TO GIVE

DISPOSITION
THAT

AS

LABOR WHEN THAT

USED THROUGH NO FAULT

THE PURPOSE BEHIND

ANY RIGHTS
THE

STATUTE

ILLEGALLY

THE

LAW

BY MICHIGAN

RECOGNIZED

TO THE

RIGHT

COMPETITION

NOTED

OF THOSE SERVICES

HOWEVER WOULD HAVE THE COURB CONSTRUE

PLAINTIFFS
SECTION

VALUE

SERV2CES
NOB

ARE

PLAINTIFFS

REASONABLE

THE

TO PERFORM

ILLEGAL

AS BEING

OR TO ITS

OWN LABOR

TO THEIR

HAD AO RIGHT

PLAINTIFFS

FRUITS

CLEAR

IS

INCARCERATE

OF THEIR

VIOLATION

OF

LABOR MAY CREATE

LABOR
STATE
AN

ACTION

ALA

SUPREME

656

PLAINTIFF

CONTRACTY

BUT

SAID

YET

TORTIOUSQ

SLOSS

OF THE

AS

INMATES

CONVICT

TO PROTECT

INTENDED
HAVE

NOT BEEN

TO THEM UNDER MICHTGSFL
THEIR
TO

THE

LABOR

JUDGM

THEREFORE

DEPRIVED

THAT

FOR DEFENDANTS

36

PRO

INDUSTRIES

AND SINCE

PLAINTIFF5
BELONGFLG
OF

UTILIZATION

DEFENDANTS

ARE

ENTITLED

SUMMARY JUDGMENT
CFL

FOR

657

OF ANY PROPERTY

FACTS

3TC

LAW

THE

PRISON

LAW BY DEFENDANTS

STIPULATED

ENTERED

AT

INMATES

COURT CONCLUDES

ON THE

BE

ALA

116

WAS

LABOR

WAS ENACTED

OF THE MICHIGAN

5ECTION

SINCE
ACT WAS NOT

COURE FOUND THAT

LABOR BY PRISONERS

SUNDAY

THE BENEFIT

THE

IN

ON SUNDAY

FROM THE PRESENT

DISTINGUISHABLE

THERE

BECAUSE

SITUATION

IS

DAFENDANTS

SUCH SUNDAY

PROHIBITING

FOR

CLAIM

THAT

DICTA

WORK FROM THE PRISONERS

STATUTE

OF

VIOLATION

THE ALABAMA

PRISONERS

IN

HARVEY

COMPANY

SLOSS

ILI

THE

EXTRACTING

ACTS IN

2897

994

COURT DENIED

RELIEF

HIBITING

SO

22

WHOSE LABOR WAS

PRISONERS
STEEL

AND

LOSS IRON

USED IS

UNLAWFULLY
116

FAVOR OF THE

FOR DAMAGES IN

COUNT

III

WILL

FLE

DRUG COMPANIES MOTCON FOR SUMR4ARY JUDGMENT
ON COUNT IV AND MOTION TO DISMISS
FILED
BY
DEPARTMENT OF CORRECTIONS
ITS
DIRECTOR AND THE
MEMBEPS OF TIE MICHIGANCORRECTIONS
COD4MISSIO

DEWY

COUNT

IN

IV

MONEY DAMAGES UNDER

OF THEIR

USC

42

UTILIZATION

ILLEGAL

DEFENDDNTS

LAW

BY

OF PLAINTIFFS

PROPERTY

FOURTEENTH

HAS RESULTED
WITHOUT

SERVITUDE

THE

CONSTITUTION

FEDERAL

EQUAL

PROTECTION

MENT

DEFENDANT

ON THIS

COUNT

CORRECTIONS
CORRECTIONS
AS

TO DISMISS

ARE

FACTS

AN

AFFIDAVIT

INMATES

RELEVANT

FACTS

TO

AS

DISCUSSED

MICHIGAN

TO

ONE FOR

RELIEF

SUMMARY

OF THE

UNDER COUNT

BY UNCONTROVERTED
ACCORDING

COUNT IV

UNDER COUNT

DETERMINATION

THE

OF

TO DISMISS

PLAINEIFFS

ENUMERATED

IN

OF

AMEND

EOURTEENTH

DEPARTMENT

MOTION

TREATED

KROPP

LTHOR

TO

ARNONDMANT

TO PLAINTIFFS

BY BHE

ENTITLING

ESTABLISHED

OF WARDEN

PERFORMING

FILED

BE

IN

HAVO MOVED FOR SUMMARY JUCIGMEN

ALREADY

THOSE PREVIOUSLY

SOME ADDITIONAL
IN

WILL

FOR THE REASONS
THE

MOTIONS

CLAIM

THAN

OF PLAINTIFFS

DENIAL

THE

THE MICHIGAN

HAVE

AND

THE DEPRIVATION

AND THE MEMBERS OF THE

DIRECTOR

COMMISSION

THAT MOTION

AND

DRUG COMPANIES

TO STATE

FAILING

JUDGMENT

ITS

IN

THE THIRTEENTH

TO

CONTRARY

ADDITION

DAVIS

WAGES LESS

THE HOLDING

OF LAWS AS REQUIRED

IN

PARKE

THE

DUE PROCESS OF LAW AS REQUIRED

AMENDMENT

INVOLUNTARY

THE

LABOR BY ALL

CONPANY OF NOMINAL

UPJOHN

THAT

ALLEGING

BY DEFENDANTS

PAYMENT

THOSE REQUIRED

BY THE

1923

ASK FOR

PLAINTIFFS

OF PLAINTIFFS

AND THE

COMPANY AND THE

COMPLAINT

PRESENT

III

AND

STATEMENTS

TO WARDEN

RESEARCH CLINICS

XII

KROPP
ARE PAID

AND AT TIMES

FACILITIES

FACILITIES

RECREATIONAL

THE

RESEARCH

CLINICS

AUTHORITIES

THAN

INDUSTRIES

ON

ARE ENTITLED

TO

THE

WITHOUT

MERIT

AFTER

FOR

CRIME

THAT

THEIR

RH

JAW

OF

FROM ITS

PROHIBITIONS

IS

SERVITUDE

MAY BE REQUITED
NO FEDERALLY

IS

NOT TO WORK WHILE

VIOLATES

AMENDMENT

WE AGREE
THE RESEARCH

WORK IN

THIS

F2D

THAT THEY

MAINTAIN

THERE

FOR

315

IN

MOST OTHER PRISON

CRIMINALS

PRISONER

WHICH

SERVITUDE

THE THIRTEENTH

INDEED

MATTER

CONVICTION

DR

RIGHTS

AS

CONVICTED

STATE

OF

RIGHT

IN

DEFENDANTS

AUTHORITIES

TO WORK BY PRISON

WORKING

MORE FREEDOM BY PRISON

FORM OF INVOLUNTARY

LAWFULLY

INMATES

TO PRISONERS

INMATES

WORKING

FACTS

CLAIM

CONSTITUTES

INVOLUNTARY

FOOD AVAILABLE

JUDGMENT

CLINICS

IMPRISONED

AND THE

ARE INMATES

PLAINTIFFS

PT6TECTCD

ARC SUPERIOR

ARE GIVEN

RECREATIOFLA

TO THE

CLINICS

JNDUSTRIE

OTHER PRISON

IN

WORKING

RESEARCH

THE

IN

WORKING

TO

FOOD AVAILABLE

THE

PERFORMING

THE

INDUSTRIES

OTHER PRISON

IN

LABOR

SIMILAR

INMATES

THAN ARE

RATES

DAILY

AT SOMEWHAT HIGHER

IS

THIRTEENTH

193

197

EXPRESSLY

SORT OF

NOT THE

ATNENDAENT

NINTH

CIR

EXCEPTS

1963

PUNISHMENT

AGAINST

SERVITUDE

SERVITUDE

SLAV

NOR INVOLUNTARY
FOR CRIME WHEREOF THE
EGCEPT AS PUNISHMENT
SHALL
CONVICTED
PARTY SHALL HAVE BEEN DULY
STDTC5 OR ANY PLACE
THE UNITED
WITHIN
EXIST
SUBJECT TO THEIR JURISDICTION

NEITHER

SINCE

PLAINTIFFS

CONVICTED
SNRVITFLDE

THEIR

BY

DO NOT MAINTAIN
CLAIM

DEFEND

THAT
IS

THEY

THAT

THEY WERE ILLEGALLY

HAVE BEEN

YROUNDLEFS

HELD

IN

IIVOLUNTA3

THE

THAT

IV

COUNT

AND

DUE PROCESS
BASED

ARE

THE

AS WE NOW UNDERSTAND
IT

VIOLATION

THAT

IS

THE

DEPRIVES

PRISONERS

YET

NOT

DOES

IN

CONCLUSION

PRECISE

FOLLOW

RHA

315

9TH

CIT

MORE BROADLY

QUESTION

RAISC

SUCH

ESTABLISHED

IT

EVEN

THEIR

1968
ON

ERRONEOUS DECISION
THE

COURT AS

FEDERAL

HCINZE

HUGHES

TO

1963

CIR

9TH

8TH CIR

662

EVERY

THE

1983

FOR

CLAIM
ITIUST

PRISON

DO NOT

ATTORNEY

26

268

INDICATE

OF DUE

ALLEGATIONS

IV

865

CONSTRUED

ARE

SUGGESTED

ON ORAL

PROCESS RIGHLS
OR

THAB PLAINTIFFS

CONSTITUTIONAL

CELLS

COUNT

CAUSE OF ACTION

PRESENT

THE DENIAL
THOSC2

IN

ALLEGATIONS

THAN PLAINTIFFS

OF SOME FUNDAMENTAL
INTO

FOR THE

1959

ARGUMENT THEY STILL

USC

659

197

WAS THE

WE ELECT

TWO DCCXSXON WHICH

F2D 193

DUE PROCESS

THAT

COURTS OF APPEAL

WOULD COME BEFORC

LAW MATTERS

BUT

42

2D

404

RULE WERE OTHERWISE

CONSTITUTIONAL
870

IN

OF THE

THOSE PFISONERS

BYTHE

CIRCUITS

IOWRIE

THE

OF

REACHED

DRAPER

SIGLER

STATE

NINTH

AND

EIGHTH

IF

RI

LAW

STATE

APPLICABLE

VIOLABION

CONSTITUTE

ITSEJF

PROTECTION

OR EQUAL

THE

TREATED

HAVE

OFFICIALS

PENAL
WITH

AT VARIANCE

PRISONERS

TO THIS

RIGHTS

BECAUSE

MERELY

AUTOMATICALLY

USED CONTRARY

IS

WHOSE LABOR

IV

COUNT

PROHIBITING

FREE LABOR

AND

FOURTEENTH

OF THEIR

MANDATE

STATUTE

OF THE MICHIGAN
LABOR

LABOR

OF PLAINTIFFS

ARGUMENT UNDERLYING

LEGAL

BY
UNDER

UNLAWFULNESS

ALLEGED

UTILIZATION

PRISON

COMPETITION

STATE

ON THE

LAW OF DEFENDANTS

MICHIGAN

RAISED

PRCTCCTICNC1EIA

EQUAL

WHOLLY

INDICATED

ATTORNEY

ARGUMENT PLAINTIFFS

ON ORAL

THE

FACTS

HAVE BEEN

RIGHT WHICH

UNDER
TO

ALREADY
DEPRIVED

FOLLOWS THEM

LAWFUL

INCARCERATION
NECESSARY WITHDRAWAL

BRINGS ATHOUT THE
OF
OR LIMITATION
PRIVILEGES
AND RIGHTS
WITHDRAWAL
WHICH IS JUSTIFIED
BY THE CONSIDERATIONS
OUR PENAL SYSTEM
NN6ERLYING
TO ARGUE
THAT THE INCARCERAFRED
CAN
PERSON
ONLY BE
INCARCERATED
AND NOT BE DEPRIVED
OF THE
AVERAGE PERSON
ORDINARY RIGHTS AS HE
WOULD HAVE HAD EHEM IF THE PRISONER WERE
NOT CONVICLED
AND SENTENCED AND CONFINED
MATTER OF COMMON ORDINARY LOGIC
IS AS
ABSURD
IT IS OXIIY WHERE FUNDAMENTAL
HUMANE AND NECESSARY RIGHTS
ARC BREACHED
THAT THE CONSTITUTIONAL
PROTECTIONS
BECOME INVOLVED
COMMONWEALTH
RAY
OF PCNNSYLVARNA 263
FSUPP 630 631

ZN

WD PA

FAILURE
CLINICS

HOWEVER

AT ITS

FUNDAMENTAL
AT

1967

TO PAY

REASONABLE

FOR THEIR

PLAINTIFFS
VALUE

CONSTITUTIONAL

IS

NOT

RIGHT

DENIAL

LABOR

SUPRA

661
PLAINTIFFS

DEFENDANTS
OPPOSED

MICHIGAN
CRITNINATION

THE EQUAL

HAVE

IS

LABOR CONTRARY

ACT

INDUSTRIES
NECESSARY

PROTECTION

FAILED

CLAUSE

TO

THAT

ELEMENT
OF THE

IN

CONTEND

THEM

AGAINST

THE SAME CLASS

PRISONER

USED PRISON
PRISON

LIKEWISE

DISCRIMINATED

PURPOSEFULLY

TO OTHER

ALLEGEDLY

PURPOSEFUL
PRESENT

FOURTEENTH

AS

WHEN DEFENDANTS

TO SECTION

THE

THAT

OF

THE

DIS
CASE UNDER

AMENDMENT

APPELLANT
ASSERTS
THAT HE IS BEING HELD
IN THE STATE PENITENTIARY
AND THAT IN
ACCORDAN9E
WITH STATE LAW HE SHOULD BE IN THE
COUNTY JAIL
NO DENIAL OF EQUAL PROTECTION
IS SHOWN
UNLESS THERE IS SHOWN INTCNTIONAL
OR PURPOSEFUL
DISCRIMINATION
BETWEEN PERSONS OR CLASSES
FLRAPCR

TAOREOVER
THAT

THE

OF SUCH

LOWRIE

SIGLER

IN

THE

THE

SUPRA AT

UNCONTROVERTED

EFFECTS

OF THE

FACTS

ALLEGED

40

198
ALREADY

VIOLATION

DISCUSSED

SHOW

OF MICHIGAN

JAW

TO CONFER
WHO RECEIVED

ASSIGNMENTS

CLINIC

IN

DID

THAN

DIFFERENT
IN

THE

OF THE

DEFENDANTS

WHETHER

SECTION

OF THE MICHIGAN

HOLD ONLY THAT
CONTRARY

EVEN

UNDER 42

IF

LAW IN

IN

MOTIONS

IT

FACT

INDUSTRIES

USC

DEFENDANTSUSED

LAW

AND

SO

DOING

EVEN

IF

IS

VIOLATED
ACT

ORDERS MAY BE

1K

HAVE

FOR THIS

JYY

DETROIT

MICHIGAN

JANUARY

RL973

41

WE

LABOR
ACTED UNDER
SUFFERED

REASON

ON COUNT

SUBMITTED

FREEMAN
RALPH
CH EF BUDGE

DATED

TO

ATHER

DEFENDANTS

GRANTED
APPROPRIATE

OR WHETHER

PLAINTIFFS

FOR SUMMARY JUCGMENT

TO

UNNECESSARY

1983

PLAINTIFFS

PROTECTEDRIGHTED

OF FEDERALLY

DEFENDANTS

WORK BUT

UNDER COLOR OF LAW SUFFICIENT

ACTED

TO MICHIGAN

COLOR OF STATE
DENIDI

HAS

HAVE

PRISON

TO LIABILITY

IT

SUBJECT

WORKING

SIMILAR

PERFORMING

ABOVE FINDINGS

DETERMINE

EACH DEFENDANT

HIGHER

INDUSTR

PRISON
VIEW

INMATES

PLAINTIFFS

FOR THEY RECEIVCD

AND LABORED UNDER BETTER

WAGES MORE FREEDOM
CONDITIONS

LIKE

ON IMNATES

BENEFITS

TANGIBLE

IV

ARE

NO

APPEARANCES

ROBERT
SEGAR ESQ
804 DETROIT
STREET

FLINT

48503

MICHIGAN

FLANNASCH
RAPPTEYE
511 JACKSON STREET
49203
JACKSON MICHIGAN

EQ

VINCENT
STAPLEY
464 COUNTY BUILDING
49203
JACKSON MICHIGAN

WILLIAM
GAGE ESQ
3030 GUARDIAN BUILDING
48226
FLETROIT
MICHIGAN

WOLFGANG HOPPE

MILLER
2500

DETROIT

DETROIT

ESQ

CANFIELD
FLANK

MICHIGAN

PADDOCK

STONE

TRUST
48226

BUILDING

CARROLL ESQ
TIMOTHY
FLYKEMA WHEAT SPCNCCR GOODNOW
2700
PENOBSEOT BUILDING
48226
DETROIT
MICHIGAN

SOLOMON BIENENTELD
ASSISTANT
ATTORNEY GENERAL
525
OTTAWA STREET

LANSING

MICHIGAN

TRIGG

FILED

UNITED

RET

1971

DISTRICT COUET
OF MICHIGAN
SOUTURNZN DIVISION
STATES

EASTERN DISTRICT

CALVIN

RICHARD ALLEN

SIMS

FRANK

WALTER
ROGERS BILLY LICE WILLIAMS
LEE BOYD SLAGER PETER GEORGE
WALKER CLEMONT
MILLS LEE
DEDEAUX ORDELL VILBURN WILLIAM
FRED
CLEARY HERBERT WITIJARVIS
HOLNAGEL BENNY SPELLS KENNETH
RAYMOND
ORCEAN
INMIAN
BAILEY
DAVIS JERRY MACK BOYD KELTON
THOMAS
LORD RALPH WATSON

CHESTER
VERNON
RONALD

PHILLIP
RALPH IL

SAWICKI

MEWS

MEGITEE

CO

WARNER

KENNEDY PAUL ROSS
HERMAN HEAD GERALD
NORMAN
PAUL MILLER THOMAS
MULLIGAN
LONNIE PAYNE ROBERT MASON AND
KENNETH
MARSHALL

FREDERICK

JJ6
J3HNSO

PLAINTIFFS
VS

CIVIL

PARKE DAVIS
THE UPJOHN

NO

CO MICHIGAN CORPORATION
GO DELAWARE CORPORATION

ACTION
31172

DEPARTMENT OF CORRECTIONS OF THE
OF MICHIGAN ELEANOR HUTZEL
WADSWORTH ERNFSTC BROOKS
MAX BIBER CJ FARLEY JOHN
RICE
DUANE
WATERS FLORENCE CRANE
JOSEPH
GROSS
ROBERT COTI ON AND
STATE
JAMES

GUS HARRISON
DEFENDANTS

ORDER GRANTING DEFENDANTS MOTIONS PERTAINING
TO CLASS ACTION TO DISMISS AND FOR SUMMARY
JUDGMENT AND DENYING PLAINTIFFS
MOTION FOR

SUMMARY JUDGMENT
AT
SESSION OF SAID COURT HELD IN THE
FEDERAL BUILDING
D4ROIT MICHIGAN
ON THE
01
1971

A2I

PRESENT
RALPH
UNITED

FREEMAN
STATES DISTRICT

JUDGE

THE PARTIES

HEROIN HAVING

DESCRIBED

VARIOUS MOTIONS

FFTLCD

BELOW

AND
CONSIDERED

THE COURT HAVING
EXTENSIVE

BRIEFS

SETTING

OUT ITS

TO SUCH

AND ORAL ARGUMENTS PERTAINING

THE COURT HAVING
FINDINGS

OF FACT

THE COURT BEING

NOW

FILED

HEREIN

OPINION

ITS

AND CONCLUSIONS
IN

FN1L ADVISED

THERE PORE

IT

IS

OF

THE

AND

1971

AND

PREMISES

CO

CLASS ACTION

DEFENDANTSPARKE

MOTIONS

ON JANUARY

LAW

MOTION ROR ORDER THAT PLAINTIFFS
AS

CAUSE AND THE

THIS

HEREBY ORDERED AS FOLLOWS

DEFENDANTS PARKE DAVIS

MAINTAINED

IN

THE PLEADINGS

DAVIS

IS

CO

AND THE UPJOHN
ACTION

SHALL

COMPANY

NOT BE

HEREBY GRANTED
AND THE UPJOHN

COMPANY

OF COMPLAINT

MOTION VAR SUMMARY JUDGMENT ON COUNT

IS

HEREBY GRANTED
DEFENDANTS PARKE DAVIS

CO

MOTION TO DISMISS

OF COMPLAINT

MOTION

FOR

COUNT

SUMMARY JUDGMENT
IS

AND THE UPJOHN

COMPANY
AS

TREATED

1ZC

PURSUANT TO RULE

HEREBY GRANTED

DEFENDANTS PARKE DAVIS

GO

AND THE UPJOHN

COMPANY

MOTION FOR SUMMARY JUDGMENT WITH RESPECT TO COUNT
AND

DEFENDANT OTHER

UPJOHN

THAN PARKE DAVIS

COMPANY MOTION TO DISMISS

COUNT

MOTION FOR SUMMARY JUDGMENT PURSUANT
ARE HEREBY

CO
ILL

113

AND THE
TREATED

TO RULE

AS

12C

GANTED

DEFENDANTS PARKE DAVIS

CO

AND THE UPJOHN

COMPANY

MOTION FOR SUMMARY JUDGMENT WITH RESPECT TO COUNT IV
AND DEFENDANTS

OTHER THAN PARKE DAVIS

224

CO

AND

TH

UPJOHN COMPANY MOTION TO DISMISS

COUNT IV

TREATED

CO

MOTION

AS
IT

FOR

SUMMARY JUDGMENT

PURSUANT

56

PERTAINING

CF THE REDERAL
TO COUNT III

IS

RULES

RALPH

TO

FORM

ROBERT
LEFTS
804

SEGAR ESQ
ON DEAN DEAN ABRAM SEGAR

DETROIT STREET

4S503
FLINT
MICHIGAN
ATTORNEYS FOR PLAINTI2S

2355631

HART

PLAINTIFFS

I2C

OF CIVIL

PURSUANT

PROCEDURE

HEREBY DENIED

RALPH

APPROVED AS

RULE

ARE HEREBY GRANTED

THE MOTION FOR SUMMARY JUDGMENT
RULE

TO

NI

FREEMAN

FREBMAN

CHIEF

JUDGE

EXPEFU

ENTS

LEFIIND

BA

UZ

DRUG COMPANIES AND PRISONERS
CT WAFLR5FLFL

ILOCIORS

BY JESSICA

CRIMINALS

FCNILMUCH
MATERIALAND

MITFORD

ARC FINE

OUR

IN

RNA

EXPERIMENTAL
THAN CIII INPANZEE

CHEAPER

SOME

GIVE

NEW DRUG CAT BE MARKETED IN THE
UNITED
SLATES IT MUST AECORDI RIG TO FOOD
AND IIUG
ADA IN ISTRATION
RULES BE TESTED

EFORE

JR

HUMAN BEING

ON

EARLY

BEEN

TESTING
DONE IN

PISNU

AT

FRUSTRATED

WOILD

NI

THE

EFFORTS

BY AMERICAN
EDICAL

SUBJECT

CAPTIVE

OF

USE

HAVE

MEDICAL

ASSOCIATION

BEING

PRISONERS

CIS

AS

OF

MICIETI

BEEN

THE

1961
THAT
PROPOSED IN
GROUPS SHOULD NOT BE USED

THE RECOROMENDA

EXPERIMENTS

WAS

1963
SOCATION

AM DISTURBED THAT THE WORLD
IS
NOW HEDGING ON ITS CLAUSE

ERTNNALS

IS

INFLUENCE

HAS

ADDS

WISTFULLY

TATS
PENITENT

BEEN

AT

HI

ARE

MUCH CHEAPER THAN
PANZECS DONT CUE
64

IT AT

CAD

FI

CLI
PSI

SUSPENSION

ITS

AMERICAN

THE NICEST
TO

SAY

ABOUT TISING
AMERICAN

THE

MATERIAL

WOK ON

OXTE OF

KNOW WAS
IA ILES

IN

EXPERI

RI

II

IN

11

MATERIAL
EXPERIMENTAL
IMP IHTEES
HOPE THE

PEP

IF

AS

MEDICAL

THIS

HE

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IN
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NAME

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ESTIMATED

NEVER FORMALLY ADOPTED
BECATOSE
LARGELY
OF AMERICAN
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PERTINAX
MEDICAL JOURNAL FOR JANUAY
WRITES
JO THE BRITISH
TION

CA OF THE SCOPE AND
963 TIME NLFLYIJLE

AS

EFFECTIVELY

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THE

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PRISON

CS

WELL

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MDI

EXPETIMEN

THAT

IN

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WITH LIVE
WERE INJECTETI
LV
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EOULD HI
RB
TERMINE
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TI
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AT RI NCZRS IN OKIAHON

DRUG HAS
HAVE BEEN THE

EXOTIC

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THE

OF THE

MUST

YEARS

EXPERHUCUTS

OHILPIT

TO
TEIITPTED
HUT
THESE
SUBJECTS

AS

RECENT

MCRE
AND

INTERII

SOME TIME

FOR
AVE

IN

OF OUR

PRISONS
OR OTHER MEDICAL

SUBJECTS

IT

CFOP

INVOLVED

ALARMING
OPENLY ABOUT THENI
THE
RCSS WITH STIFFICIEN
REGULAR

TALK

TO

THE

JLY

FEW

ALTHOUGH
LIKE

OUR

ATIT

EHIM

AND

THIN

IN

CTION

OK

LB

FF1

3004T3
YEAR
EOMPKWS TO TEST

ECUTICAL

SAWE

THAT TIE

CR5

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FROM RICA

HARP
JIPR

VII

IS

OUT DEW IHUGS ON
WERE PAYING PTIIFLC

QUART FOR BLOOL WHICH THEY RETAILED UT ST
WAITER RUGABER OF THE NESS
IN JTLY
1969
REPORTED THAT THE FEDERAL GOVENFLTKCI
WATCHED WITHOUT MTERFCRENCE WHILE NI

TIN

ERTED

DD

AND SONIC

IN

AN EXTENDED

TIC

BLOOD

HA

MAVE

GRAMS
DETERMINED

THE

STAKES

AN

WITH

SEE

II

ICI

PRESS

1967

BET

TIC

IN

QRISON

RESCAICH ARE

OPERITTI

CCCS5

PA9 ORTH

TO

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THE

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DI

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IS

VI

IT

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IT

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IN
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WITH

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TIE

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DZRNAGE HAS BEE DONE IN THE PENITENT
DREDS OF INMATES IN
THREE STATES
AND

BURNT

PM

IS

IT

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ARTICIPATING

CASHES

PHYSICIAN

ON THE

IN

WAYS

VARIOUS

PROGRAMS IN
C4

HUMAN SU BJECTS

HEALTHY
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THAT

ARE

TIVIN

TTICULT

CII

IN

CONDI

CONTROLLED

NOT IMPOSSIBLE

IF

DU

TO

PH

TIRE COMPANIES
CAN BUY
THAN ONETENTH ACCORDING
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TO
MANY MEDICJ ACT HON TIES
STUDENTS
HAVE TO PAY RNERLICA
OR OTHER FREEWORLD

CATE

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IN

FRACTIONLESS

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VOLUNTEERS THEY CAN CONDUCT EXPERIMENTS ON PRIS
FOR STUDENT
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AND

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ARE

EAST

ED

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ES

IN

HY
DISREGARDED BEHIND
THE

ARE

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FOR

NOT

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IF
NIL
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RESULT OF THE PROCEDURES TO WHICH
TH REPERCUSSIONS WILL LIKELY BE SNIM 11CR

THIN

WOULD

OF

PRNON
AS

THEY

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ED

THE

HE ON

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TRYING

TO

VOLONLATY

MU

AS
SIDE
LACE DEATHS
OTT

THAT

NIGHT

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PROHIBITED BY
LIKELY
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REGULATIONS BUT THE PRISONER IS IRI
OF SIGNING
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ETL

KNOW THIS

WAIVER

ALONG WITH

ONERS MAKE
FOR TIE

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DRU

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VIEWED

IN

TF

GENERAL HELPLESSNESS

THE

LIE

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AROUND

GENERALLY

ITS

EXPERIRNE

AN ORDINARY

PNIS

RARITY
GETS

SI

FROM
FOR

DAY

REPRESENTS

RICHES

30

TERMS OF PRISON PAY SCALES
MONTH HE
WITH THE
TO 10

IT

COMPARED

MAKE

THE

THE
THE

WHEN
MONTH
MIGHT

JOB

PRITTITI

ROBERT BATTERMAN

CLINICAL

PHARMACOLOGIST

ME THE

NIL LIE
PRISONERSUHJECT GETS VIRTUALLY
CITED
ANT
ESTIMATE
HIM
FOR EXPENIRTIEC
TI OG
ON
GIVEN
MONTH FOR
IN VACAVILIE
LIFONRII4
15
PRISONERS
MONTH
THREE
MONTHS
TO HE LOWERT4 TO 1250
TOLD

WE

THE EXPERIMENT
RUN FOR SIX MONTHS
THE OTHER WAY AR ON ON WITH
NORMALLY DO II
FREEWORLD VOLUNTEERS WET GIVE THEN TUORE MONEY

SHOULD
WOOLD

DI BATTERMAN
TMNTGCR
MAKES CONSIDETA TIE
FROM
USE OF STUDENTSUBJECTS
SCHOOL FOR
COMPARATIVELY
NEARBY ILAPTIST DIVINITY
WEEKLY
UNDERNANDITIG CXPERIMENTNE REQOIRIRIG
WITHDRAWAL OF BLOOD
WOULD PAY
STUDENT AT
THE

IF

EXPERIMENT

RAN

HE

LEASM

100

MONTH

LIE

II

SAID

HOWEVER THE PROBLEM AS
AMER RCA TI MEDICAL

OF THE
THE
THAT

PRISONERSUBJECTS

THEY

MAY

BE

SEEN

BY SONIC LEADERS

PROFESSION

ARE

PAID

PAID

TEN

TOO

LITTLE

MUCH

PROBLEM
TO

THAT

THE

NREARTT

KLUSINESS

MR

CRC

II

CHAIRMAN

THE

PRISONER
PRISONER HART

WAS

TIN

IS

MUCH

TOO

STRONG

VERY

FROM
PRESSURE NOT TO REPORT AND NOT TO WITHDRAW
THE STUDY
HERELORE BE WOULD DECLINE
TO
SAY THAT
IS
HAD FOR THE
HE FELL ANY ADVERSE REACTIONS THIS

US

TING

RESULT

VALID

BASIC

RERNTTNERATIFLN

IBIS

MEDICAL

FROM DAM AGE CLAIMS LII AT
HELD LEGALLY III
SUCH WAIVERS HAVE BTIR
AND
ARC SPECIFICALLY
AS CONTRARY
TO PUBLIC
POLICY

MAY

THE

ON SMALL

CORTIMITTEE

THE

RESU

THOSE RESPONSIBLE

RELEASING

SELECT

PRISONER IN THAT IT EXPOSES HIM TO UNNECESSARY RISK
IT IS
BAD FOR OUR RECORDS III THAT IT DOES NOT PROVIDE

TO THE AU
PROVE CMBARRASSING
HAVE
HABIT
OF CONVENIENTLY DISAPPEARING
THOU ITTES
RISK TINT SUTJ ECTS DISABLED BY THE CX
HERE IS MINIMAL
PENMEN TS WILL TRI RIG AWSU ITS AGAINST THE DING COIN
WAIVER
PANICS PRISONERS ARE NFL EN RERJLT RTID TO SIGN

RECORDS

PROT

RUGAHER

PRISON

PROGRAMS

WLI6T
IS
HAPPEN IS PRECISELY
EXPRESSED BY SOME
THUS PR HERBERT
SPOKESMEN ION TILE
HEY JR THEN COMRNRSSRONER OF THE FOOD ARID DRUG
TESTIFIED
IN
1969 HE ITRE THE SENATE
ADMINISTRATION
WILL

EXPERI

OTHER AGENCIES
WALLS

PRISON

CARRIED

UN

II

HEW AND

ESLA TSIISHED

LY

WHEN

JIJIDEL

TO
CAN BE SO
STIPEND
HEALTHY ADULT
THE RE
TRADIV
AS TO INVALIDATE
OVERWHELMINGLY
IS
SOT TS OF MEDICAL RESEARCH
POSSIBILITY
ONLY IN TIE
TOPSYTURVY WORLD OF PRISONS YET THE FEAT THAT THIS

LARADAY

NOT

IS

BUT
THAT

HAT
RATHER

DOL

FIR

BR

II

II

PRISONERS

ATIORT
DO INDEED

FT

IN

LARGESSE
1969
AT

VIEW
OF

SERIES

THE

SMALL SUMS PAID
CONDOCTED

AS

INTERVIEWS

CALIFORNIA

VUCAVILLE

ITT

VFARTI

BY

PRISON
OF CAL
GRADUATE SI UDENT AT THE LJNIVERSITY
FORN
OF CRI UTINOLOGY SOME OF THE
DEPARTMENT
CONULIN OTED
YEAH
WUS ON RESEARCH
PRISONERS
HUT
EOULDN
LOST
KEEP MY CHOW DOWN LIKE
MILLER

ABOUT

POTINDS NRY FIRST YEAR IN
SCARED
HATED TO GIVE

THIRTYFIVE

SKIRTER

SO

CAUSE

GETTING

WAS

IT

AP

TOPIT

TEST

GOOD PAY

30

MAKING

MONTH KR

DM50

THE

THE
IT

JOINT

UP BE

HEY MAN IM
THING

CHRONIC

KNOW

DIMETHYLSULFO

OF

WHO
COUPLE OF GUYS HAD TO GO IN THE HOSPITAL
MD THE
VERE ON IT
AIRLS
WERE SO BAD THEY HAD TO
OFF IT FTMT
WHILE
FLIRT
WHO GIVES
TAKE
EVERYONE
FULL CANTEEN DRAW
BAT MAN LIII RTY IS
WISH THE THING WOULD GO ON FOR YEARSID HE
LOST
WITHOUT IT
WAS ON DM80 LAST YEAR IT
PAID REAL GOCD AND IT WAS BETTER THAN THAT PLAGUE
VACCINE
ITOTTIUNIZATION
BUBONIC
THING
ALIOUT

SIR IT

AND

PLA

STUDY

THAT

BAD

OF

LOT

WHY

IT

STAIR

WRITER

THRE

FUEKED WITH GUYS INST YEAR THERE

RES

PAID

THE

YEARS EARLIER
CURBED BY

SEVERELY

OUS

ADVERSE

WASHINGTON
TILOTAN

TESTING

HAS

FDA

EFFECTS

WAS

GUESS THATS
MORTON MINTZ
POST HAD WRITTEN

BUT

DM50

OF

GOOD

SO
FOR

SO

TO

NOW BEEN
SEN

BECAUSE OF REPORTS OF
LOST
WASHINIGTOTI
JULY

24

1966
THE PARTICIPATING
GRAMS IN
WITH THE

VARIOUS

PHYSICIAN

WAYS

IFE

CASHES

IN

MAY MAKE

ON THE

PRO

DIRECT

DEAL

OUT
DRUG COMPANY TBR LINANCIAL
BACKING
OF WHICH
HE PAYS THE
EXPENSES OF RESEARCH AND
RESCA REB
POCKETS THE REST AS BTS FEE AN INILIVIRLUNT
FROM 85000
TO MORE THAN 50000
GRANT MIGHT RIM
CONTACTS
TO
41
DOCTOR
TH
GOOD PRISON
DOUBTE OR TRIPLE HIS REGULAR INCOME OR IF HE IS AS
MEMBER IN
TIEDICAL
SCIT ONL
FACULTY
MANY ARE
ENABLITIG

65

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IF

AI

AE

HE
THE

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EN HA RICE
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II

SU

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OR

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OF

THE

IN

THE

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LAW

BY

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PROCEDURE

DR

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NOT

WH

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II

OX

ENACTINER

IF

PRISONCRS

FOR

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ODIUM

III

ANTI

HODGES

HIS

SOUGHT

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ESEAREH AT

SPECIFIC

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WERE IN

INC

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UNI XC

DELIVERED

COLLEAGUES AT THE

HOSPI

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COLIVICTS

DR

TO

RIVER

BOSPI

UNIVERSITY

TALC

LILDILOC

II

RIG

UTEENUVES AND MOTIVES THAT
TO VOLUNTEER FOR RESEARCH SLILDIES

ON THE

PRSONERS

ID

ARE

SOMEWHAT UNPLEASANT

TISTLILILY

AND

DI HODPES
RISKS
SURMISES
THAT FOR
SEINE IT PROBABLY REPRESENTS
NEW EXPERIENCE WHICH TAKES THEM AWAY FERN TIRE
MONOTONY 114 OPPRESSIVENESS OF PRISON ROUTINE
FEW INSTANCS

THE

VARIETY

DISTILICT

MONOTONY THEY HAVE

FROM

RELIEF

SWALLOWED

DIETS

STRANGE

PEALED

INVOLVE

TUBES

AND

VENIPUNCTURES
CL PHYSIOLOGICAL

IOWA

REDUCTION

HIT

II

JIRISOLLEC

ARE

THE

WARDEN

LB

THIS

LETTER

TLI

IN

EACH

THAN

FROM

WJ
DR HODES
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OF

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OUR

TI

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THAN KYOU

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IS

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THE

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CDXL

INVESTI

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PHYSIOLOGIC
ROBLEL OS
THIS
HAS
BOTH ROR THE PHYSI

IIIC

STUDY

AND

MEDICA

OF

1971
THE
APRIL
OF THIS VITAMIN
IN

II
METABOLISM

NUTRITION

DELI UC THE

SEVERE

FOR THE
DEFICIENCY
OF EXPERIMENTALLY
INDUCED
SENIVY FIVE CORUPAN IONS IN RI ED CAL SCIENCE AND AD
YEN TIRE
WERE RECRUITED FROM THE IOWA
TATE
PEN ITE
RID
HEIR INFORRN ED CONCEIT
WAS OH
RY
TA
FOR PERIODS LALIGRIL
FROM 84 TO
DAYS
WHICH

SILLILY

DIETALY

CONSISTED

RED

WERE FED
OF ASC III

THEY
FREE

OF

ITY

THIS

1W STOMACH TO BE
FORM
LIQUID
ACID BECAUSE OF THE UN PALATA BIL
LOOK IT THRICE DAILY VIA
FORMULA TIE INERT

LUBE IHCY WERE EXPOSED IN
CONTROL ROOM TO
TEMPERATURE OF
DEGREES FOR FOUR HOURS EACH DAY IHE VOLUME
BLOOD DRAWN FOR LABORATORY
PURPOSES WAS
GA SINE

POLYETHYLENE
UOLDCIRNATE
FILLY

LARGE

CAUSE

TO

ENOUGH

RNEN

MILD

ANEMIA

IN

ALL

THE

DR HODGES OBSERVES
THROWAWAY LINE
THAT
TIE
MINERAL
RTTPP NIENT
RECOMMENDED BY
THE NATIONAL
RESEARCH COUICILJ
WAS INADVERTENTLY
OMITTED FROM THE DIETS DURING THE FIRST 34 DAYS OF
IN

THE

DEPLETION PERIOD
THE EXPERIMENT WAS
GREAT SUCCESS IT WAS THE
SEEND OF ITS KIND DR ILOJGES HAVING TRIED IT ONCE
BEFORE

WITH

FAR

LESS

FAVORABLE RESULTS

DESPITE

SOMEWHAT SHORTER PTHOD OF DEPRIVATION IN THE SEE
END SCURVY STUDY THE SUBJECTS IN THE SECOND
INNATE SEVERE
DEVELOPED
DEGREE OF SCURVY
THONAB CLONE OF TIE
IN
THE
FIRST
SUBJECTS

STUDY DEVELOPED
FOUR OUT OF FIX

SCIENCE

SET

OIIUL

IS

AND

DIS
SADI
SAYS

AD

UHO

NIT

UINT

STUDY
EVIDENT

SKIN
III

EN

DAYS
OF

HEN

PETECLI

HE

COILED
AND

FIRST

RES PECFLV

II

TICS

APP
ELY

WAS

PARTICIPATED

AL

SCURVY
COMPLAINT IN
IN THE SEE

AID
PA IN MADE
BUT HAD NOT BEEN

SWELLING

EURVY

III
THU SUB
THE GRADUAL OSS
TRACED
BY PR
ITE
FIRST
SIN OF

IS

THIS

ARTHRALGIA

OBSERVED

WAS
AT

NY

THEMSELVES

RESULTED

II

IN

THAT

REPORTS

P15 INC RS
AL MOST LYRICAL
ITT
AND
TLI TEAL
ASPECTS
IN

TO
THAT

FAVORABLY INLET
INCENTIVES
AND

AD ICS ON
BECOMES
AURAL

TO

VOLUNLEERIMLG

SD 11111K

LILY

SI

LB

FOR

IT

PRISRILER

ETA

SUPPOSED

CLII

TO

STUDY

GAIN MAY HE THE
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TURN

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ONCE THE PAROLE BOARD
MOTIVES OF FESE IDLELA
TRIORE

NOT

IN

WIDE

II

TESTS

OF SENTENCE
OD GES ROU TILT

YE

TO

IN

PARTICIPATED

FOR SEMITE PRISONERS MOHLEIILMY
MILL LIVE LHOICGH INMATES ARE

DAILY

EATEN

STIBUIITTED

FOR CLINICAL

OPPORTUNITY

CLI

WISH

CLINICAL

CI

OH TO

OF

SPECULA

CI

MAN

PR

BUT

OBTAINED
THE USE OF

OF 224

TOTAL

CLEARED
OF TUNE

II

RI

PILYNI

OIL

JOURNAL

HODGES

HA TED

WE

PERINENTS

THIS

THE

BURNING CURIOSITY
ON THESE
SACRED

SUCH EXPERIENCE IS DESCRIBED BY DR HODGES
OF HIS PAPERS
CLINICAL
MANUTESIATIONS
OF
ASCORBIC ACID LEHCIENCY IN
IN THE ANERI CAN
III

THE

HODGES DURINA

OF HIS

REWARDING EXPERIENCE
AND FOR TILE SUBJECTI

IS

DEGREE DRRELIC

WHICH

ONE

WAS IT SPECIFICAHY
EVEN
PROHIBITED
CAME TO TIE ATTENTION
OF
EXPEAIMENTS
IOWAS ATTAIN CY GENERAL IN HIS
IT
WAS
UDGME
NOT LEGAL FOR US TO ACCEPT PRISON
VOLUNTEERS FOR
NSEDIIA
RESEARCH THERE FRI OWED TWO FALL OW YEARS
IN

WHO

JLILRTIIACOLOGIE
HEEI

NEITHER

TUALLY

FI

GIITORS

CIA

WHATEVER

RIGHTS

CAD

PUT

HAS PROVIDED

HIS

THIS

SACRED

EDGES WI THETA CLAHORAT IN
CON CI IIDES
VOLUNTARY PALL CI PA
SYSTEM
RN LY HA SED ON LEGAL AND ETHICAL
STALL DARDS

II

LION

IN

SUBJECT

II

ALWAYS

RIGH 15

COLLEAGUES RECCHCD
GEMCOT WITH IOWA PNSNII

KNEW

THE

FORLORU

MUST

CANVASS THE PTISON POPA
WHO WE OLD SUBMIT TO PTO
IN UN IVERSITY
AS IC
HOSPITALS

TED

PCRRNI

APPEAR

LIRE

VENT

TO

LONGED HOPILALILALUIN
SEARCH

197

RID

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AT

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QU
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II

IN SCURVY
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WITH SOME ECITIL ISITISM
IDGES

ETS

OF

EK

TO
IN 10111
UD ICS
IVY
RRH AGE
ENIRLRIB AGES
IN
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VERE
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ARED

ILIE

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TILE

EFINDE

BE TWEERT

THE

42ND

AND

74T1T

ABNORMALITIES
43RD

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IF

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KNEW THIS
SPCCIFICAUY

PROCEDURE WAS NOT
HIW
BUT NEITHER WAS IT
BY

JCRFLHITICTJ

PROHIBITED

SPEDFICALLY

AI

DAYS OF DEPLETION
ASCORBIC

ACID

PROGRESSED AFLER THE PLASMA
IHE ONSET OF JOINT

LEVELS

FELL

MONEY

HUT WE WERENT

COURSE

MAN

WE HAD

OF

THE

IN

IEGS

THE

RD

III

HO

AD THE

II

DCGRCE OF SCURVY
IRNE IT WAS ALL OVER

VERE

JO

LAY THE
TO

CHALK

SI

TB

FIVE

SUL4ECTS

SUFFERED

LEGS

DEUIT

VUTTES

AND

CI

EAR

OF

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TIC

RT

IS

ALL

WHITES

OF

IN

AND

LEGS

HEMORRHAGE

THE

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LED

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THOSE

CIT

II

RI

ALLY

GAIN

MEDICAL

TO OTHER DOCTORS

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VOL CIT TEDS
ON THE FIVE

DR

POINTLESS

ST

II

UT

THE

SOME

ERA LIONS

SEVERE

EASE

OF CRUELTY

VISITED

UTLY

TO TALLY

WITS

EFFECTS

HE

MAY

LISTS

WELL

YOUNG MAN WHO LAD THE MOST
OF SCURVY
MAY NEVER HAVE RECOVERED
TO THO

DEGREE OF COMPETENCE OF
THESE
SOEALLED
RESEARCHERS
THEY INADVERTENTLY
OMITTED
MINERAL
FROM THE DIETS
TB
TIPPLENRENT
NO

DOUBT

OTHER

WEAKENED

SIDE

TFECTS

AND

SHOCK

AMONG

HERE

EFKETS

PULL LA TITN

IT

SUFLR

TO

OF

THO

MEN

THE
NI

IF

HI

AND

CA

EXACERBATED

SC

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SEVERE

THE
CC

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EXPERIMENT
ID
BE PERITIA
C5 OF HA

THE

DR

NETIT

HA

LU

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ASKED

DR
AT

SCLTCTUI

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TEST

AT

THE

RAAOR

WAS IN
BLATTES

ESVHA

IOWA

WEMUT
ITS

XL

OF

NTERXIA

MEDICAL

HE HAD PAID THE SCURVY
WAS ONE DOLLAR OR MAYBE

XXUUCH

THINK

DAY

TWO DOLLARS

SORIT

HOW

PROFESSOR

OF ALI FORNIA

UNIVERSITY

VOLUNTEERS

WHEN

NOW

LIODGES

MEDIDNE

IT

HE
AS

REPLIED

OVER

THE

OF CIGARETTES

COST

UP WE

INCREASED

CIII

TO

EMIL

PAY

THE

YEARS
AND

PRISONERS
AN
NIOUN

PAY
OF

DRUGS TO BE TESTED
MARKETED ARE SOUND AND

WAR II
HUMBET CU GUIDING PRI IT
AVE BEEN DEVELOPED
AND CODES OF ETHICS
TO
BY THE MEDICAL PROFESSION
GOVERN THE CONDUCT OF
AN AXMER CAN MEDICIL
ASSETEIS THIN
EXPERIMENTS
RESOLUTION
OF 1946 ON HUMAN RESEARCH WAS IN TURN
FOLLOWED BY FDA REGU ALIONS OF 1962 ANTI THE
EL
SINCE WORLD

EPICS

IT

DEEHURATION OT 1966

THESE

ARE

REHETITIVE

LARGELY

MAN

RNUS
EXPERIMENTS
TOCY WORK AND TESEARE
OF

GRAVE RESPONSIBILITY
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THE UNIVERSITY

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ROBERT MANNING

EDITORINCHIEF
ATLANTIC
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DEAR

02116

MR MANNING

LETTER IS IN RESPONSE TO THE COPY OF
LETTER
FROM DR WILLIAM
DIRECTED
TO
APPLE
YOU
CONCERNING USE OF PRISONERS AS SUBJECTS IN DRUG
STUDIES
SUGGEST YOU WRITE THE FOLLOWING
ALAN
VARLEY
MEDICAL
DIRECTOR PHARMACEUTICAL MARKETING
THE UPJOHN COMPANY BUILDING
88
PORTAGE ROAD
49001
KALAMAZOO MICHIGAN
THIS

RECEIVED

STEPHEN
PRESTON
CLINICAL
FLIRECTOR
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PARKE DAVIS
RESEARCH LABORATORIES
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MOST ABOUT USE OF THESE FACILITIES
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SINCERELY

JOHN

COPY

CWAGNER PHD

MD

WILLIAM
APPLE
EXECUTIVE
DIRECTOR
AMERICAN PHARMACEUTICAL
AVE
2215 CONSTITUTION

ASSOCIATION

NW

20037

THE RESEARCH

IN
1964
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NEWS AUGUST 25

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NTERVEW

UP

3O1

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LII

UW

WE CAN
HOW ARE GUIDELINES
ENFORCED
SEE PAGE
HAVENT
DONE
IT
THE
WE
YET
TERMINATE
PROJECT
OH YES WE
IN
NIETHER INVOLVED PRISONERS
HAVE
TWO OOM38 IOFLS
TQHICH WE FOUND THE EXPS
UNETHICAL WE WOULDNT APPROVE THEM
INVOLVE PRISONERS NERARNCRICASN
SEE ATAC
BUT IT DIDNT
17
OF IT
WE CAN TERMINATE THE EXP IR WE DISAPPROVE
UT THERES
WE HAVE TWN GRANTS THAT
PRISONERS
TO WHETHER
NO CONVENIENT WAY OF RECOVERING THE INTORMATION
THAT
LIES
FOLLOWED
RESPONSIBILITY
OUR GUIDELANES
ARE BEING
FOR EXAMPLE
IF
TOY
WITH THE CHIEF INVESTIGATOR
YOU GIVE
YOUVE NOWAY OF CHECKING ON WHAT
WHIPHTO YOUR SMALL SON
THEN
USE HE PUTS IT TO
YOU WOULD NT GIVE IT TO HIR
IT
IN SOME LIONS
CHECK UP ON HIM TO SEE HE IANT
STICKING

ETA

MOUTH

11

LETTER FROM DR
HORNIER DIRECTOR
DISEASE
OF
OF INFECTIOUS
OF ND T4ED SCHOOL
HE HUTS CONDUCTED STUDIES
AT
ND HOUSE OF OORR SINCE
DIARRHEA
VIRAL
VIRAL
1959
RESPITORY STUDIES
MA HE SENDS COPIES
STUDIES
ARE SUPPORTED BY THE
FOREVER DISCHARGE
DOCTOR
OF CONSENT FORM HEREBY RELEASE
OF ND ETC FROM LIABILITY
HAVE

FLT

IV

NIH

OH DAMNT
WAS SWAM
WERE GOINT
SAID
THEY
THCY

YEARS AGO OF THIS
TO QUIT

IT

FORM

DONT KNEW

THOUGHT
US

HELLU

PAGE
YOUR GTIIDE SAYS SHOULD INCLUDE NO EXCULP LANGUAGE
ASKED COUNSEL WHO SAID
IT
WANTED TO SAY
MUST
FED DOCUMENT TO IMPOSE
RTQUIREMENT
WOULD BE IMPROPER IN
LAW SO WE USED
THAT MIGHT BE CONTRARY TO STATE OR MUNICIPAL
FDA HAS CHANGED THEIRS TO
SHOULD IRT UMUST
WE ARE
HAVE COMPLIED WITH FDA
MOST INSTITUTIONS
SHOULD
TO
MUST
CHANGING OURS FROM

RCGUL

OUR
NIH RESEARCH IN PRISONS
WE HAVE PRACTICAILLY
SO LITTLE
WERE AWARE OF
AREA
EFFORTS ARENT CONCENTRATED IN THIS
ITS BEEN BROUGHT TO OUR TTENTION NY NUMBER
THE PROBLEM
NR JOHN BOWERS MOSTLY
TIMES
BY WHOM
GAVE YOW BROUGHT AT ACTION AT ALL TO ENFORCE YR REKULATIONS
ONE TO DATE
ANY PRISONS ANYWHERE

RM
INTERVIEW

WITH

CHARLES

WE HAVE

LAB

IN

NANGEE PJOHN

COMPANY 6163824000

MJ IGAN
IT

BEAUTIFUL

REVIEIQ

COMMITTEE

PROFESSORS

JACKSON

COMPOSED OF
PHYSICIANT
PRIVATE

AND

BEEN

WHO DID

BEFORE THAT

TNNXS

RENT

FORM

DETAILS
OF

SUIT

IN

THE
OF

TO

ETA

OUT

DONT KNOW
BY

DEPT

OR

RIND

TO
OF

EXPERIMENTS

BROUGHT

SUIT

THEY

SOME OF

THE

LOST

COURT

NAME OF LAWYER FOR PLAINTIFF

THAT

HAVE

HAVE

NEGATIVE

AN

10

CONVICT PAYMENT
CORR FOR
DONT KNOW

TRY

NOT

CLINIC

OF

THINK

LEAST

DONT KNOW

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INVOLVED

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AT

KNOW

IN

DATE

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ETMFLXRTWTK
GOING

FOR

WILL

ANY LAWSUITB

TRUSTE

UPJOHN USE

DEPT

GUARDS WARES

CONSENT

ONT

DONT

COMPENSATE
CORRECT TONS
DO YOU REIMBURSE

GOING

OL PRISOOERS

HOW

T0

ALL

OPERATION

HOW LONG HAS IT
YEARS OR LONGER

NUNIBERFT

THE PRISON
UNDER THE DLRECTION
OF
OF UNIVERSITY
COMBINATION

PRISONWITHIN

INTUITITTE
TO

TWIST

FEELING

IT

YOUR STORY

IS

IF
NTERVTEW WITH

CCF

HOWARD MAIBACH

YWA

6669000

THASE
ON NORMAL SUBJECTS
AFTER WW II
POT IG
EXPETTNAENTS
BIGGER NOW IN PRISONS
CIA FIND

MALARIA
OUT

NATIOSALLY

ARE

FUNDED THROUGH 110
YOUR EXPERIMENTS
CIA
BE HIGHLY
COULD HAPPEN ETTHER WAY
WY 21 743
ANTITWIN INFLAMMATORY DUUG
BETWEEN
AN6 CPRTSONE
WHO
NONSTER
ASPIRIN
DENIAES
THATS
TO CONVICTS
MT RESTING
A5LLIPENSATION
OR 5O0
COULD
STUDY IN ITSELF
YOU OFFERED TO PAY 1PL000
BE TOO MUCH INDUCEMENT
MUCH CONCERN IF THE FEE IS OUT OF LINE
IT WOULD UPSET THE SYSTEM ANN
SEEM LIKE
LURING SOMEBODY TO
VARIABLE

PARTICIPATE
WHAT SIDE EFFECTS ANTICIPATED
IN WY STUDY
NONE
DJRJ
IT
BEFORE
HUMAN
TON
EVER CONE
EXPERMMENTAT
THE STUDY IN ANY WAY IS DONE IN THE MED LOAL CENTER IT
ITS DONE ENTIRELY AT
COMES BEFBRE THE NOMMMITTEE NOT IF
THERES
LTT
IN
ATATE
OF
FLUX
VACBTIILE
VERY GOOD
WITH
HUMAN
CHANCE THAT
CONCERN RE
VOLUNTEERS ITS LIKELY
TRIO
TO GET TO THE POINT WHERE ITS
TOUGH TO CONTINUE
THE CLASSICAL
HOW ID DOUTOR CONRENSATED BY DRUG CONTANY
DONE
IN
IS
IF
THE
PHARM INDUSTRY THEYD BUDGET
WAY
STUDY BEING
WITHIN
4JX
FOR THE PROGRAM
BUDGET
SO MUCH FOR THE
TO
THE
THE
LAB
WORK RECOMPERWE
PHPSIOIAN
VOLUNTEERS
FEE ON TOP
THEY PAY THE DR
HOW OFTEN DO YOU GO TO VACAVILLE
WEEK FOR PART
OF

DAY

AVAILABE
FORMULA OF WY 2L43
YES ITS AVAILABLE
BUT
NOT
FOR
PUBLICRITTON
ME
ID GUESS BECAUSE OF TAKING
TEST PAY
WHY DOES THIS
BLOOD SAMPLES
RECOMPENSE THE VOLUNTEERS FOR THE INCONVENIENCE
WHAT FOLLOWUP ON VOLUNTEERS
SAW
THROUGHOUT THE
CHAD SOME SIDE
EFFECTS
KEPT SECING OVER AGAIN
STUDY
AT ANY OT YOUR VACAVILLE
COME BEFORE THE
CANT
ANY WORK DONE
EXP COMMITTEE
1T
CONSIDERABLE
GIVING
GOES THROUGH THE 6MMITTEE
PERTMENT8
THOUGHT TO GIVING
UP THE VACAVILLE
ARE YOU FAMILIAR
WITH THE CONSENT FORM SIGNED AT VACAVILLE
ITS IN
WITH IT
PERIOD OF CHANGE
YET IM FAMILIAR
NEW ONE WITHOUT EXCUIP
CLAUSE
IM CHANGING MINE TO
BE CHECKED
WHEN DID YOU START USING CONSENT FORMS
MUST HAVE BEEN USED FROM THE BEGINNING
OR
HAVE YOUR SUBJECTS EVER HAD TO BE HOSPITALIZED
EFFECTS
WE MIGHT HAVE HAD TO PUT
MAN TO BED FOR
BAD SIDE
RECALL ANY BAD OASES
DAY OR HALF
DAY
WILL LOOK UP LAWSUIT AT
DONT REMEMBER
HORROWITZZ
TO

60

AT
4O

EXPERT

UF

VACAVILLE
KEPT

SUGGESTING

OTHER

DRS

TO

INTEVIEW

PHILA
WORKS

DAY WEEK IN

PRIVATE

PRACTICE

ESP

ALBERT

ELIGMAN

ST

BQC
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UTTH

SVT1

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ALLAN

AR

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3C14

KEI MA

FRANCES

AC

30

1972

WHAT PRISONS HAVE DRUG NOMPANY TESTING
WE KNOW OR CERTAIN PRISONS
THROUGH AZPERIEFLCE
THE
WE FIND OUT LJ THEY ARE SUBMITTED
TTLSTOUQBZNTHO
WA
TT
PROBABLY CONRTDQNTLDLJDL9ITFFI0TLOFL
IN THE 11W SUBTUISSIFLN
MAKE
SUGGEST YOU
TO THE GENERAL
ILL TAKS TAKE YR
OR ‰RONNATTON ACT
COULD
DO
IT
DOUBT THERE ARE 20 PRISONS THAT
WOULD BE VERY
THAT
INYOLVED
PRISONERS
NUMBERS
YOU RURNISH
TESTING
HISTORY OF PHASE
DIFFICULT
PROBABLY UNAVAILABLE
TESTING
BEEN PHASE
HERE
ALWAYS
USED
SUBJECT
AND TYPES
FDA
REGULS
OF
1962
III
ARISE OUT
DTDNT TERM PHASE
II
ARE STUDENTS USED MUCH
THEN
IT UA FORMALIZED
TIONS
HOW ITS OERWHELMING2 DONE
FEW ISOLETED
EXAULPIES
IN
CONTIDOFLTI81
CONFIDENTIAPWHY
HAT TSISNT
IN PRISOTS
ABOUT
GUIDELINES
ARE
NRITING
DITRT POSITION
WERE IN
SEFI
ARE
1OT
TH0T
PURE
THINGS
INFORMATION
XROCOS
PTIBLIC
INFORMATION
ACT
INFO UNDER FREEDOM OR
ARE PUBLIC
FTRM

REQU

MT

CON

US

HERE
YOU GET INFO
EXCULCLAUSQ
FDA REGUBAILANS
PRO
WERE
ABOUT WHAT CONVICTS GET PAID AWNI
EATING
ANY LAWSUITS
OFPSYMQFLT
HAVE
COMPANIES
DRUG
TREMENDOUS AMOUNT
5THRSEAS
OK THE RESULTS
WE DONT NECESSARILY
OVERSEAS

4NUFA9

AFILLIAT
AS

THE

RULES ARE MORE

LAX

NI
2KV

SO

IFL

HR

UV
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BEN
VIA

202225E489
GOICOWAN
AUM
30

LEG ART

TO

SEN GAYLORD NELSON

1972

LII

MANUT

OF PRISONS
ACCORDING TO 1A44
DONTT KNOW IF THERE IS ANY LIST
AND
METHODS
OFT
TRADE SECRETS MEANS
FOR SARETY AND
THIS STAT4
TO
SELECTS
THE TESTER
THE
DRUG
ONMPNAY
PROBILNI
DRUG TESTING
BILL NOUL6 CREATE
EOSES ITS OWN FRIADS
NATIONALIZE
ESSENTIA
TESTING BUT
CENTER
AND EVALUATION
BILL
NELSON
PROVIDES
GAYTORD
DONT QUOTE THSTT TOO EXPLOSIVE
HUMAN
UNLESS
BY THE
PPPRCVED
BE
TESTED
ON
ANY
AT RR DRUG CAN
THE WHOLE THING
AWAY FRO
IT
LAKES
SECRETARY CIT HEW FDAJ
AND
RESULTS
BILL
SAY
IHE DRUG COMPANIES
SECTION
THIS
UNDER
AND
INVESTIGATIONS
CONCLUSIONS OF ALL TESTS
MADE
SHALL
BE
DTHSNY NEW DRUG

ER

PPC

MEA
PUBLIO

JJ

AT

JV

XJ

WARDEN CHARLES

EGGLER

5177520301

TO PRISONER

SET

AUG EC 1972

PAIK

BY AGREEMENT WITH HEAD CT
UPJOHN HES
ABOUT 10
THE
THEY BUILFI
SC11TT1ES AND TURNED THORN OVER TB DOG THEY PAY OFFICER
NUMBERS INVOLVED
SUPERVISION
RNAXIMUNI
OT 80 OR 90
BETWEEN TWO J0 TO 50 LIVEINS
ALSO 20 WALKINS
HOW
MUCH
DR SCHWEEM WOULD KNOW
RETTY GOOD MONEY
TEST FOR THE LIVEINS
MAYBE 20
KNOW SBT LAWSUIT

CLINICS

18

TWO

UPJOHN ANRL
CLINICS
EMPLOYEES DRS AND TECHNICIANS

ONT

DR

NPRBERT SCHWEEM

5177S75593

IM SORRY ITS THE POLICY OF THE COMQANY TO REFER ALL
THOSE ARE STRICT REUGLATTONS
QUESTIONS TO PUBLIC
RELBTIONS
MUST INSIST
BUT DID ALLOW AS HOW THERE ARE 1200 IN
RESEARCH

LESLIE

11

TYC

BENNETT

OR HUMAN

PHONE INTERVIEW

EXPERTMENT

THE EXPERIMENTS
LISTED
ARC DET

AT

DONT NECESSARILY
SOME HAVE

WHERE DOES SIMPRS
MONEY COME
ID BE CURIOUS TO KNOW MYSELF
OF STTPR

IS

UC

PVCBLETN

USED

APE

DR

FROM

HENRY

ELLIOTT

STUDIES
ERE CLEARED THY UNIVERSITY
ON PROJECTS REVIEWED BY THIS
CAMPUS

FILES
THE
BE

BOARD

INVOLVE

LENT

IS MORE SUBTLE
SEE AOLT ARTICLE

OF

IRVINEUC

WE HAVE

THE USE OF PRISONERS SHOULDNT
JULY 1972
FEINBERG

WE INSIST
ON KNOWING HOW MUCH THEY PAY CONVICTS
THERES
PERFECTLY DREADFUL CONSENT FORM
IT
SEYS IF YOU 8ONT
COMRLETE THE EXPETIMENT
YOU WONT GET PAID
FOR RESEARCH YOU NEED
RELIABLE
EASY ON
HOSPITAL RESEARCH WARD
IANCE

ND IS

CHIEF

OF

PAYMENT
ANSWER
BLOOD

TGIVING

FIRM

POPULSTIONITS

COMM ON HUMAN EXPETIMENTATION
GUIDELINES

11

FILES

197

AVIS

STABLE

WOULD NOT SHOW PERMANENT

HARM TO

GEB
THE

ROR

INDIVIDUAL

NANUAL
66
ALFRED RIDER SEVERED FROM TIC IN 66
MACTIER DUD DUNE 1968
OLEOCIN IWO
EPSTEIN
NO EVIDENCE
EVER SUBMITTED FOR
REV IEW
ABBOTT 35616
CHORLES
NINE TAB INO4
KNOW
FINE
NOTHING ABOUT IT
NOT REVIEWED
SKF PAGE
SAFETY STUDY WYETH P86
NOT BEFORE COMMITTEE

TP

PR

DONT RECOGNIZE

INTERVTEN

WITH

DR

TO VACAVILLE
MED

BATTERMAN
SNXZXU

ONCE

JULY

HASTE

2030

MONTH CLINIC

2M

1972

INTERNAL

LOINS

BA

DEPENDS
BOW DO DOCTORS GET PAID FOR DRUG EXPERIMENTS
BE
COULD
TWOWAY
AND
OF
STUDY
TYPE
ON 4OOTOR
THE DRUG OOMPAT4ES ARE THE ONLY ONES THAT HAVE THE DRUGS
OCULD APPROACH THEM END ASK THEM TP
SO THE INVESTIGATOR
BE
WOULD FURNT PROTOCOL AND JNIDGET
FINANCE
STUDY
IS
INVOLVED WITH THE
THE
AN
IN
OT
PRISON
HE HAS
IS VARY
PHASE
PHASE
WOULD DO TOXICITY
UNIVERSITY
DOLLARS
COST
WOULD
IT
WILL
LIE
SPY
BIG IN PRISONS
STAFF TIME
TO AC THE
TUDY INCLUDING PRISON
COULD BE
FEE D0PENDS ON HTS EXPERIENCE
ETC
APPROACH
THE
MIGHT
DRUG COMPNAY
OR 15000
UPT TO 4P10000
HUMAN
TESTED
FOR
WANT
NEW DRUG THEY
HIM IF THEYVE GOT
THEY
BE
BASIS
PHASE
TO
TNPATIENT
USE FDA PREFERS
SITUATION
IN AN INPATTENT
CONTROL
THERES
BETTER
FIGURE
THE ONLY PLACE AVAILABLE
CANT BE DONE IN HOSPITALS SS SUCH
THE
VAST MAJORITY OL DRUGS
STUDIES IS PRISON
FOR TOXICITY
NEVER GET INTO MEDICAL PRACTICE THEY
MORE THAN 90
DROP BY THE NAYS IDE IRA PHASE II
TOXIC
THEY
TOO
SUMS OF MONEY IN SAOKSON PRISON
PJOHN SET UP AND PAID HUGE
DOCTOR
NICH WITH THEIR OWN STAFF COMPANYS OWN
EXTRA MONEY
TO
GET
FOR
MEANS
PRISONS
EXPERIEMTUS ARE
FOR
EXAMPLE
THAT DOESNT SHOW UP IN THE PRISON BUDGET
THE
EXPERIMENTER
BUT
HEY
CHARGE
THE GUARDS ARE ALREADY PAID
IT GIVES GRAVY FOR MERE
FOR GDARDS WAGES END OVERTIME

ME

UTFLI

11

PERUONFLDL

NIL
THE PRISONER GETS PRACTIALLY
IT DEPENDS FOR
EXPEIWEN
STUDENT GET FOR SIMILAR
OOMPAMSOFL BETWEEN
M4ING
EXAMPLE IF THE EXPERIMENTER WAS
BLOOD
SAMPLES EVERY
HAD
LX
GIVE
AND THE STUDENT
TWO ASPIRIN
IF
HES
AHA
OR
HED
HOURS
GET
15 MINUTES TPR
MONTH
FOR
EEK
RID
COMES IN ONCE
DRUG EVERY DAY
TAKING
ON
DECIDES
THE
INVESTIGATOR
FOR BLOOD HE MIGHT GET FLOO
SCHOOL ETC
FROM
DIVINITY
VOLUNTEELS
BAPTIST
WE GET
THE PAY
IE PROTOCOL THE PRISOFLOR WOULD GET
IN MY XERTX
PER THE LONGER TIME
NOTHING
MONTH
PRACTICALLY
L5
WE DO
MONTH
TO
1250
IT
DROPS
MONTHS INSTEAD OF
IF
THE
EXPERIMENT
IT
THE OTHER WAY AROUND GIVE MORE MONEY
TAKES LONER
EXPERIMENTS
THERE ARE VERY FEW PLACES TO DO PHASE
IDEAL
ARE
PRISONS
ACCOUNTS OF THEIR JACKSON
FOR PUBLISHED
WRITE TO

TA

25

SA

UP

EZ0ERTMENTS

KALAMAZOO MICHIOGAN

MANUFACTURERS OF PRISONUSED DRUGS
ANECTINE
BURROUGHHOWGLCODIO
PROLIXIN
SQUIBB
PRISONS BUY DURGA ON
OF
LOT
COMPANIES
LITHIUMOSRBOT2STE
RATES
BID GYSTEM
NAY GET HOSPITAL

BATTERNIAN

IT

PAGE

WHAT ABOUT VARIDASE
NATS EASE
BEEN GIVEN BY INJECTION

SHOULLNAVE

OLF
IF

TH

MARKET

EPSTTEFL

RTITRDTUG

WHAT STMPR RECORDS WOULD BE CONTLDENTTAL
UNTIL
SUBMITTED TO FDA
WOULD BE CONFIDENTIAL
NIUST
BE RILED WITH FDA THEN IT SHOULD BE
THINK HES WRONG SEE JOHN

PUB NOT

THETR RESEARCH
ALL RESEARCH
TO THE
OWERS RILE

AVAI

MV

ICES THE PRINCIPAL
PROVIDE
TOTALLY RESPONSIBLE
MY VIEW
CAW THE CASES
WHEN
WAS CONDUCTING ERPA AT VECAVILLE
TESTS
ALL
RESEARCH
DID
LAB
STOPPED
MYSELF
MY OWN
AT VAOAVILLE
BECAUSE THE DATA IS WORTHLESS THERES TOTALLY
VS
WHEN YOU SIGN
PROTOCOL
INADQUEATE SUPERVISION
ITS
RESPONSIBILITY
ASSUMED TOTAL RESPONSIBILITY
YOUR
OF YOUR STAFF
NOT THAT
WHAT SORT

COMPLETE

KT

OF
HE

OR PERISH
PROFIT FROM THE PUBLISH
ISS
INPORTANT
TWO
THE
ASPECTS
PUBLICITY
BUSINESS
IN
YOU
BECOME
AN
TENURE
ETC
AUTHORITY
TERMS
OF
IN
GETTING
THERES
DOUBLE ADVANTAGE IN THE PUBLICITY
THE FIELD
THE DEPARTMENT VIA
GOVERNMENT OR INDUSTRY
YOU BRING MONEY INTO
WITHOUT DOING
BE
CONSULTANT
CON
ON
PERSONAL BASIS YOU
TO REVIEW
BE
ASKED
FOR
MIGHT
RESEARCH
EXAMPLE
YOU
ANY
COULD BE
COULD
YEE IT DEPENDS
FOR THE FDA
BE
JUST

HOW DO DOCTORS

2000

RISE IN DRUG CO USE OF PRISONERS
THERE BEEN
THERES BETTER CONTROL GLOW
ALWAYS USED PRISONERS
WHEN
HOST OF NEW DRVGS
IN
MIDTHIRTIES
RUG STUDIES BEGAN
THE LAW OF
YOU HAD TO PROVE AFETY
CAME INTO BEING
NOT THE 1962
LAW
1998 APPLIES
HAS

THEYVE

UK

IS CONSEQUENCE
IN DR HODGES XEHFL SCURVY STUDY
CAN HAVE
MINERAL SUPPLEMENT
OF INADVERTENTLY
OMITTING
NJN
WIN
SUPPLEMENT
SERIOUS TOXICITY
OMITTTNG
SUPPLEMENT
BY
THEY COULD HAVE SEVERE CARDIAC ABNORMALITIES
CANS ALL MINERALS
AFTER JII
DAYS
SURE
RESULT OR GO INTO SHOCK
ON
THE
DEPENDS
PATIENT

EPH

USE
PARTIAL

HE THOUGHT DSMO WAS NEVER RELEASED FOR
ORRECT NOT FOR GEN USE ONLY URXZFLTAT

SAID

USE

GENNRAL
FOR

TORN

31

3RFLYE

KENSINGTON

BEVERL

U1Y

INTERVTEJ

1972

3O

INMATES
AT LEAST
DSMO STUDY DONE VIA
OR
TWICE
ONCE
OF
JELLY
IN FORM
MONTHS OR MORE
FOR
AN LATE EV NING
EARLY
OVER
BODY
SMEAR
DEAY
BONE MARROWTIOPTE LEE
CECH
30
DAYS
BLOOD SEMVTES TAKEN
OF
GOT 5WBFLTT BONUE
CONTRACT BA IS
SEMIFFLNRIAL
ALL ON
MONTHS
IT FOR STAYING

ES

AM

OT
TO

10

THE

SME

WE NOTIFY
DO

YOU

UP

VIA
NOTIFY

DR

FEEL

TUBS

ROUND

ONE MAN USED VASELINO
IF VIE PICKED
ALTEFLLATIVES

OF BLOOD TO SURFACE OF
BAD OYSTERS ROTTEN

INFUSION

BURNS
GOT

TOXIC
PROFILE
DOCTOR OR NOTIFY

OF

THE

OF SIDE
ANSWER

EFFEDTS
IS

HE MAY

FINE

DOSAGE

DSNO

THERE

LIVER

THE

SKIN
ASPARAGUS

V4ERE

INMATE

ASK
GUBJECT

HOW

DOCTOR MAY REDUCE

SQ

KNOW

HE DOESNT
BENNETT
MONEY ROTCED
SELL
RETARDED CHILDRENS HOME TO
SIMPR BOUGHT PROPERTY ON
RRISONERS
ON
THEY ONLY DO EXPERIMENTS
AT PROFIT
HOW IS

THE

HOW MUCH PAID
HOSPITAL IZED

NOLUDING DRUG
YSNONTINUED IN

SPINAL TAP
HOURS AFTER

REXIMUM

DNSO

25 HED
OF
4H0 MONTH

ETC
SPNELS BONE MARROW
BLOOD TESTS
HEALTH
OF
WAS GIVEN CLEAN BILL
1968

FOR SQUIBB

OF
WHAT EXPLANATION
CONSENT OBTATNED
HIMSELF
THE DOCTOR
IT
VERY INFORMAL
EXPERIMENT
ORE HELL
SIDEEFFECTS
AND
RISKS
THE
KNOW WHAT
TONE DISCOMFORT
BE TOLD POSSIBLY

HO

QU
OK

IS

INFORMED

IN

RNANUFAOTURERES

CRASH PROGRAM AT VAOAVILE
HEN DRUG WAS TAKEN
12 DAYS
ABBOTT
LABS
BOTTLES
HIGH LEVEL TOXICITY
HOROR 10 DAYS
AYMEFLT
OFF MARKET
OF THE RESEARCH
DO
85
EXPCRLMENT THEY

CYCLAMATES

I4ATBACH

THE

EXPERTTNEFLT

SUPEVVISO
INVESTIGATORS
MAIBSOW
TWO
DAYS
AT
LEAST
IN
COMES
EPSTEIN
THE INMATE
TO
CONTROL
IEEK EXPERIMENTERS GIVE UP
DAY
TAKES BLOOD ANALYSES
RCSEARDHER WHO HANDS OUT MEDICATION
IN CHARGE INVESTIGATORS
BLOOD GIVES RESULT TO PHYSICI5FL
TOXIC STATE
THEY BELTEVA ARE IN
SEE PATIENTS
RESIDENT PHYSICIAN
THE
IS
QWHAT IF SUBJECT GETS
EXPERIMENTERS
THE
NOUF
HELL
TTHINK
DIANGOSES AN TLUGSS
WORE
THAN
CAUSED BY RESE CH
LOT OF ILLNESS
HIDE
SYMPTOMS TO
IVE
SEEN LOTS GET ILL
LOOK
IS
NECESSARY
REVIEN THE TEST
EXPERIMENTERS
RROTOCOLS
STAY ON PROGRAM
TESTED
BRING NEW STUFF TO BE
FOR TOXIC LEVELS
TES5 TO BE DONE ANT OF PAY
ARE
GENERAL NAME OT DRUG
VAGUE MEDICAL JARGON
MEAN
NOONE REALLY KNOWS WHET PROTOCOLS

OHOW

DO CHIEF

IL

FU‰
INTERYTEW

WITH

DR

GI

CGASHFRWYETH COMPANY MU

14400

215

FLN

MAIN POPULATIONS
PHASE
TESTING
AT
PRIS0NS
FOR
TELL
ME THO REASON
YOUR QUESTION
IN WBJNB
WHAT EXTENT DO YOU USE PRISONERS
INVOLVED
JUTSFUNDAMENTALLY
NUMBERS OF VOLUNTEERS
WHERE WE GEFITIIFLTHTINIOAL
REASVN IS
NRORNWTTON
00 UFIDENTIAL
THERE
TRADE SECRET AS WHAT WE RE 46
AS MUCH
HAVE
PIPELINE
THRE MOU OOETTTORS
ARE LNDUSTRTA JU9T
THE NAME OR THE
PRISONS
WHAT WE ARE DEING
VOLUNTEERS
IF
OF
WE
HAVE
NUMBERS
THE SECRET WNULD BE OUT AS
MORE
HAVE
IT
ITS
0TILL
SECRET
SECRET
TWO NEOPLE HAVE
WHERE
…CLUNTEERS MIGHT SPILL BEANS
ASSUME YOU ARE NOT GOING TO QUOTE ANY BDY
TESTING DONE
IN PHASE
TIUUUZMM
REASSURING HMMNIM
IN THE ARTICLE
OTHER
TKXXUNFL IN THE US ITS UTLY MOSTI FLRJAQD
DO
BETTER
COUNTRIES
USE
COUNTRIES THEY
PHASE
MEANS NORMAL HEALTHY VOLUNTEERS
WITH PATIENTS
THATS TRUE IN THE ITS ONLY
DEFINITION
EXCLUDES PATIENTS
BY
FOR EXAMPLE
THAN
PRISONERS
STTUATION WE USE OTHER
IN SPECIAL
OTHER
LARGESCALE
POPULATIONS
FLO
USE
YOU
CANCER PATIENTS
FOR PHASE
OFFHAND ID SAY NO
STUDENTS FOR INSTANCE
EXPERIMENTS CUTENTLY BEING CONDUCTED
COULD YOU TELL ME ABOUT
OONF IDINT TAT
AND WY 217213
NY
868
AT TAOALITTE
PRISONT
NA
DRUGXIIL
HID
MEANS
INVCSTIGATIOT1
TN
THE
INFORWATIOFL
ITT FILED WITH FDA
1WOULDNT TELL MY OTT OTHER ABOUT IT
THA YOLUNTEERS
BIND
OF
CONFIDENTIALITY
WHICH IS TN THE SANG
MONTH COMPARED
USUFLSRMSFLRFTDXXTTBFLFL
UT
GET
FOR
217213
HE SAID
BECAUSE
ACCORDING TO MR IJRBINO
WITH AV OF
THE
ABOUT
DONT
KNOW
ANYTHING
RISKER
AND THE PRISONFLTX
BETWEEN
THE
THATS
PRISONER
COMPENSATION
YOURE ASKING ESSENTIALLY
AGAINST WYETH
ANY
DOES
ASSUME ANY RESPONSIBILITY
WYETH
INFORNATION
CONFIDENTIAL
ALL OUR PROTOCOLS ARE
TO
GUIDELINES
FOR AHERING
WE WORK HARD AT THIS KIND OF THING
REVIEWED WITH THIS IN MIND
THE MEDICAL MONITOR IN WYETH DOES
WHO DOES
IN
WAIVER FROM
AWARE THAT VAOAVTLLE EXACTS
WOULD NEVER
THE
OF FFLA R16I
WHAT IS THE NAME OF THE MEDICAL MONITOR
PERMIT THAT
WHERE AO YOU

ITS

T6

PATI

SIDE

LAV

FDAT

VIOL

MEDA

VOLUNT

AR

ON PROBLEM OR PRISONOR
C4

NOT

REPORTINR

SIAE

EFFECTS

IS THAT
THE
THE BASIC PROBLEM HERE MR CHAIRMAN
THIS
MEANT
THAT
MUCH
TO
THE
WAS
TOO
REMUNERATION
PTISONER
THE
NOT TO REPORT AND NOT TO
THE PRISONER HA
VERY STRONG
FROM THE STUDY
THERERORE HE WOULD DECLINE TO SAY THAT
ITIRAV
BA FOR THE PRTEONER IN
THIS
IS
HE FELT ANY SVERSE REACTIONS
RISK
IT IS BAD FOR OUR
HIM
TO
UNNECESSARY
THAT
IT
EXPOSES
INFORMATION
US
FULL
IT
DOES
NOT
TIV3T
PROVIDE
RECORDS IN

DR LEY

PRE

PRISON AFFORDS
PROGRAMS IN
CHANNEL
ON
OF
BY
PREY
HUMANE AND FINANCIAL

ORENORT THE PRESENCE OF DRUG TESTING
ANOTHER MEANS OF REHAB
WHICH THE PRISONERS CAN
TO SOCIETY
CONTRIBUTION

SEN DOLE
PRICE

IN

IN TESTING
RATE WAS IN

THROUGH THE

NUACE

SN

BOTH
THEIR FAMILIES

CERTAIN
ALSO UNDERSTAND THAT HE MADE REF TO
MUCH
FOR
PARTICIPATION
WHO PERHAPS WAS PD TOO
WHAT THE GOING
AM WONDERWITH WHAT HE WAS PAID

AM

ALA

EN

DAY

THE
TELLS ME THAT THE FEE VARIES DEPENDING ON
OF
NUMBER
THE
ON
THE
IS
EASE
SUSPECT AS USUALLY
TEST AND
ACROSS THE
BUT EFL AV
HAS TO BE BLED
TIMES
THE PRIS
ABOVE DRUG HEARINGS
DAY
BOARD WOULD BE SORNWBERE THOUT

DR LEY IT

LISSOK

HOW MUCH DID
SCURVY TEST SUBJECTS
NODGES
THE PAY INCREASED AS THE COST OR
DAY
TO NKAXKFL PAY AN AMOUNT
ITS UNETIIOAL
CIGARETTES WENT UP
OH WE HAD THE MONEY XEOOUTHD
OF MBNEY THAT IS TOO ATTRACTIVE
BEIFLA
CHEAP
BUT
WE
OF
COURSE
MUCH MORE
HAVE PAID
THE
SITUATION
OF
THE
ETHICS
WE WERE CONDIDERING
ON STUDENTS
EZPERIMENTS
BAVE YOU DONE SIMILAR
TEST
USED
STUDENTSTO
WEVE
THE SAME ONE
NOT
THEIR MEALS
THEY
GET
HOW
COMPENSATED
ARE THEY
DIETS
NEEDLE
EACH TIME WE STICK EM WITH
FREE AND
IF
THINGS
UNPLEASANT
FOR REALLY
THE PRISONERS GOT
HOURS WED
FOR
SEVERAL
THEIR
THROATS
TUBE DOWN
WE HAD TO PUT
FOR
BIOPSY OF THE SKIN THE
FEW DOLLARS MORE
RIVE THEN
SIZE OF
PENCIL ERASER

NTERVIE
GET PAID

WITH

DR

OR

NEW LABORATORIES

TI

LIII

UPJOHN AND PARKEDAVIS
STWID LCTWSEI PRZSN HCSPITAL
OF SOUTHERN MIT GUT IN
NI ICII
AEKSOII

OF

AND

TARE FILSOZI

AT

RESEARCH

DRUG TESTS BEHIND
UPJOHN AND PARKE DAVIS HAVE BROKEN PRECEDENT

OWNLABS

THEIR

HUGE JACKSON

IN

RUN BETTER CLINICAL

TESTS

MICH

BARS
II

BUILDING

PRISON WHERE THEY CAN

THAN EVER BEFORE ON NEW DRUGS
PRISONERS

YOU WANTED TO TEST

IF

OF

HTI

IS

HAVE MUCH TLC
SORT OF LIFT
JRUL
VITO FAN BE CONIIIIMMTMMMSLY
SUPERVISED
FOR MUON
UT
YEARS WHAT BETHR
HA
11 CC TO 10K
II
PRISON
FOR II ANY YEARS DO IG
UNPAN IM
ANTI THE NATO
INSTITUTES
OF IH ALUM
HUT YE
AD COOPT AT IVT
AGREENLEN IS
WITH PTRIPJ
INSTITUTIONS
ALL
HE
COTINTRY

TC

IVAL

GENERALLY
BRIG LABS

MOUTH

IS

CHECLED TO HA SURE HE

NEW DRUG OR
II TRITEERS
WHO

IL

RIG THEM TO RUN
INMATES
BUT THEY HA
LT CLI
BARRED FROM IN STAL

PERT

II

ON

AT THE

LSTIIUITITN5

NOW UPJOHN 2O

AND PARKE LA
HAVE BROKEN IN IC PRISON IN
MLII
BIG WAY WITH HALF
ON DOLLARS
WORTH
LAB FACILITICS
PICTURES
AT
THE

STALE

PRISON

OF

SOLLRRN MICH

THIS PI ISN
AT JACKSON
IS RAH
AS II IC
VORLDS LARGEST WALLED PCI
57 ACRES AN
TENTIAUV TLICLCSING
41
IGARM

PRISOUIIJS

THE
TIJUCENT

TWO IULIPAFLITS
TO
PM PRISM

SAUL

II

EVER

LIHILT

THE

IN

ITT

SJ LRIILG

TPPD INS

IITSIDE

COLUPALTITS

WALLS

PRISON
OIWI

FIRST

LIMING

LALLRATIRIT
ARE
HOSPITAL
SUCH FACILITIES

LUCY
AT

LABOR

MD

WERE EOII

COST

AND

266
226000

OF

HR PA RLYJJAVIS
TITLE
VAS THEN
ITRILL
OVER TO THE STAT
RESEARCH DREAM FROM HE OUTSIDE

THE TWO LIIILDIFLGS
CONNECTED BY
COVERED WALK ARENT TOO IMPRESSIVE
YET RESEARCH PEOPLE IN BUTT CORN
51

PTS1ARCH

ONE INMITE

TECHNICIAN

TNHNTQUEA

THUS GIVES

WATDES ANOTHER

COUNTING
SKILL

THEM CHANTS TO GIRN

BLOOD
MIACFNL

CELK

TNMATES LENIN
WORLD

LAB

IN OUTSIDE

BUSINESS WERK JUT 21 1944

LII

SWALLOWED

PU

TRANQUILIZER

FOR

EXAMPLE

CAN FETCH TWO PACKS OF CIGARETTES

IF

IT

CAN BE SMUGGLED OUT

TC

THE

YARD

PP

INMATE TECHNICIANS
VOLUNTEERS

IN

DNIG

TAKE
TESIS

HUSINOS WETK MINT 27

FLOOD SAMPLES FROM PRISONER

GUARD CHECKS VOLVETEERS
JOG INMATCS

ROOMSEAT

INTO THE WAITING
IS

MADE TO

ROOM OF UMOHN

LOOK PROLESSIONAL

LAB

THEERFUL
FTESTARCH

59

TIIIGISI

GUS HARRISON MICHIGANS

DIRECTOR OF CORRECTIONS

DREAM CONIC
PAFLIS SAY THE SETUP IS
TRUE IT WILL PERMIT FOR THE FIRST TINE
WHAT THEY CALL UPTIMUM CONTROL TTSL
ING OF NEW DRUGS
THE COMPAR EXPECT TESTING AT
NOT JUST THE ODD

HOT

EVERY PRECISIONMADE
HAS

ALL

THE POTENTIAL

ACKSRR TO PERMIT II USUIT
BE DETUCTVD AFIFF DISCARDED
ONE
STAN

ONE

TO

MONTHCOMN

IRGIBAY

TITLEI5T

VCJITIQIWLZLIJ

THE

HOW INIGS

COIN

AFFECT

THE GROUNDWORK
THIS

MAIN

CONSISTENCY

THE

IS

AMATEURS

AND TOP
TITLEIST

MAJOR COMPETITION
OTHER BALL

NO ONE
TO PLAY

RERIJAULCABLE

ZIG

AND
IS

IN

THAN ANY

REMEMBER

FOR

RESULTS

PARTLY

DIFFICULT

CREASINGLY
VOLU

RI

TO

IS

ALSO

IN

FIND

ENOUGH
CI IN CAL
THE FLOW DRUGS

TCCRSNR EVEN ENOUGH
TO

INVESTIGATORS

COMING OUT
WITH THE

TEST

THE LABORATORY
IN
SPREAD OF MEDICAL
VARDS IN HOSPITALS
SURANCE CHARITY
THESE WERE TRADI
ARC DISAPPEARING
FOR STU DIES
AT AN
OF NEW
TIONALLY
DRUGS

AS

WELL

CUEDIEIL

OF
STILL

FOR

RISK

TL

TEACHING
DENTS DRUG TESTS CAN
MUCH RCORC CHEAPLY IN

OF

CORNPACII4

AD

INAHJG

OF

THROI
LENT

AS

BE RUN
COON DES

ROIL

AND

OF

ROI2THIT

ARE

COMPE

INVESTIGATORS
TESTS CAN
ALSO LIE
RUN ON PATIENTS
ALL DIVER
THE
SIOWER PROC
COUNTRY
THOUGH ITS
ESS THAN WITH MASS VOLUNTEERS AND

CUSHNET GOLF BALLS
SOLD THHU GOLF COURSE PRO SHOPS ONLY

MORE CONTACT WORK THERE
SEVERE SHORTAGE
TO
RESEARCH
ENS FOR ROUTINE TESTING
JOBS
THERE ARE
LOT OF DOCTORS WHO
IS

ARE
60

REUARCI

FULLCR

SUPERB

DOCTORS SAYS

DR HAT

STRICT

AMEND
COI

1963

TOCD DRUG

ON

ACCOUNTING

FINDING
CAL

TEST

DRUG TEST

ALL

AN ANSWER

MANY CLINI
NEW DRUG TURNS UP AN

OF

ABERRANT FINDING

THAT

LEAVES

RCSCAZCHCRS

EVER
UNEASY
DNZG HAS BEEN LICENSED IT
FREAKISH

GENUINE
TECHNICIAN
CARL

REACTION
EFFECT

TO
OF

THE

DRUG
THE
MIGHT BE
AFTER

CONIPOTIND

THE

DRUG

SLOPPINESS
NEVER ERASE DOUBT

MINDS

ITI

OR

OUR

THE

TERHRIIRIARC

PRISMI IILR
AREA STEP TOWARD CLII CCI
NATING SUCH DOCHTS
AT JAEKSON
WITH LABORATORY
FA
CILITIES

NOW AVAILS

BLE

FOR SUBSTANTIAL

OF THE
EXPANSION
TESTING
AND
UPJOHN
THIRLCEFLAVIS

ROUID
RIG

NC

UF

LIT

PROGRAM
ARC
TAP

YE

FOR

ROUNDTHECOELC

SUPERVISION
ARE
VOLIIN TEERIRI
BY
HUNDREDS FOR TISTING
PURPOSES
MANY WANT
WILLING
HELP
MONEY XVH ICIC RANGES FION

UNDER
PRI9

OMIERS

RRY TRT
TUL
ARC

CLINICAL

THE
THE

MG

OWN
MORE VITA

TO

ACT THAT EMPOWTR THE FOOD
TO RCQUIRV
DRUG AR1RIFINIT

5C

MERSONNRV1NNMLIITR

DRUGS ADEQUATELY
MIST
DRUG COMPANIES

IRICTICS

THE

BE

TEST

TO

SPOND
MENTS

ON

INTYRNES

CTIRE

KNO

TO

PATIENTS

WTIZJNN

PAID

TITLEIST

FOR

ON

COUCH MORE POWER
ACUL SO SPECIFICALLY
FORMULATED FOR
THEIR ASICK
BUT
THEIR
OTENE
IN
CRIWEW
SO DOES
RISK
CAUSE THEY ARC

PLAY

AND

UPJOLUI
UPJOHNS DIRECTOR OF
RESEARVH BUT THEY DO NOT
HAVE THE TIME
114
KRTVWLCDGC GIL
THOUGH THEY DO NUT
IT OR THE
CLINICAL

ALSO

CORNZNON COLD OR FOR CANCER NIGHT
WELL 10 LAID AT JACKSON
IRUGS THESE DAYS ARE ACCOMPLISH

REASON WHY MORE

PROFESSIONALS

IHEY

MORE ACCURATE UNUINGS

JAR

RULES ALLOW

AS

LAB IDEA

OLD

YET THE
II

THE

PRESSED

TO AS

SAVING

WHEN

MUCH

TIP

SDFLQLL

DIFFERENCE

AS

15

AS

FOR THEIR

BANKROLL
IT

DID

THE
THE

EW

DAX ON

SOME

PRICD
CAN MEAN THE

FOR

PAROLE

OE
OR

BE

JOB
PRISON FOTK47F
OR FRIEND6ITSLJE
SOME SEND MONEY
TO THEIR FAMILIES
TOO
ING

KWT JN

PRISONERS
ALSO GET
VALUABLE FEEL
ING OF SELTRESPCCT FOR SOME IT IS THE
FIRST
TIME THEY HAVE EVER DONE ANY
THING

TO BERNFIT

SOCIETY

50110

EVEN

BUSINESS WTTA JUNE 27 1984

CLEAR

LEARN

THE

TRADE

OF

LAB

TECHNICIAN

WITH

AIIYI

IN

WIN

HELPING OTHER PEOPLE SAYS
AND IVE
ONE INMATE
TECHNICIAN
NEVER FELT JIKC THIS IN MY LIFE
THE IDEAICSIING
IF
SELLING
DRUGS

CA

14

ILVODORE
ROOSEVELT
FOR THE FIRST
F4OD 4711
IRN

WY
IOY

XPEJLLELCC

1906

PRISONS

WHEN PNS

WAL

CONTROLS
WAR TI

API4VTQ

FLT

JACKSON

AGO DI

YES

THE

LB

RJSON

OF

COMPANY
PRISON TO GUS

THE

DIRECTOR

UP

HAROLD

IDEA

OF

THE

HE

CORRECTIONS
IDEA

MHTHIGI
AND

THE

TO

HAT

EACH

VOLUNTEER

ABOUT HAIL

GETS

AJ

CLIRNINAT

VITH THE ARGWNENT THAT
COULD BE CONSIDERED

NEW

IA
IG
MOUND THE
DRI

RUNNING

LUG ILILLEAL

7TWFLEJT

IN

PRISON

INVEST

REBABILIRA

RE
ISSUOD

RATE

MICHIGAN

INVITATIONS

DRUG
IN

TICIPATE

THE

CNLIPAZJLCS

1I

WORKS

WTH

IIICIIT

LJRIDVR

THE

PANICSAXE

ARVLN

GENUINE

RADIO

WOOD CABINET

WALNUT

STEREO EXCELLENCE
THE UITIRRAT
LTIC ITRNJN

ERIOY

DIODES

OIUI

DESIQ

DELI

TO
HR
JVINR GOUND 15 TUBES
SOLID TTTTC NLIRON REIIER
GIVE

ROVER TO STARE FUSIPUFL OUTPUT
WITH
TOODHOOK CURCULT BERGS TOO SEW CRYSTAL
SOLULL TWO MGTLHINO
WIVEL VOICE
STEREO SPEALERC
LIE ICI
TICY
LIP TO
FWRII
TORN IS STEREO EXCELLENCL
TIST
COULD
LOLL TRON ARVIN

ARVIN PRECISION
TUNE

IN

YOJR

AM BROODCOSTS
TOO1110 MIS

FAVORITE
WITH

CONTROL
FM STORED

VE

FM

OR

SEPARATE
PRECI
STEREO BALANCE

INCLIEDINO
PLUS LASS SLID IRTI
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DEANS
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WITH PRISONERS PIR
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DRUGS TILAT HAVE NEVER BEEN TRIED ON
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UP

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IT

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ITS

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THEY

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OUT
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AID

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NUMBER

AT

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OF
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TOXIS FLY TESTING REVEALING THE SPECIFIC
REACTIONS THAT MUST BE NPLORED HI

QUICKLY

LARLY

INTERESTED

DRUGS

XPITCL
THE

OF
DEPTH STUDIES
PRISONER
ITGIVII

IN

REACTION

OI7

REVEALING

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IT

TITTER

ULOUTHS AT

ITS

GS

TWO

STRESSING

WARDS AT

CONTROL

LAST

IN

IS

LAB

FOR

IN

DRUG STUDIES
OR FO IR DAYS OR
TIME

SLISM
VIII
THESE
LII
ALT ERRIJAT TO CHART
BLOOD LEVEL ABSORPTION AND EXCRETION

DRUGS

OF

LECTED

ILL

INIERIT

TESTS

AS

WELL

AT

AS

MEN

HEALTHY
IS

IN

TOXICITY

THIS
III

ILISSINIG

IS
II

THE

SE

DC

ANY DRUG

ELSEWHERE

HOW

CARE YOU TCLL WHEN YOU TEST
WHOLE WARDS OF LIT TIE 011 LADIES WITH
BROKEN HI LS IF THEIR
REACTION
TO

TE

TI

EN

5FL1

IIE

AS

THAT

17YEAROLD GIRL ASKS FIR ALAN
RESEARCH
ICY MANAGER OF CLINICAL
UPJOHN
WITIL

PRISONERS
SET

PRECISELY

YOU
THAI

TILE

OF

AR
FOR

RESEARCHERS CAN
IN IRU
TESTS

DCL

DEVOTE YOUR ENTIRE ALTERS
ALIFT
SAYS VARLEY
INFERS
ABORT
CONSIDERABLY

CAN
TO

KARN

SAFETY

IN THE OUTS IDE WORLD LEST SR ILSJCET
BALK DRUG RESEARCLERS AT EVER TURN
ALBEIT
UTE IRTTERETIRITIALLY
PEOPLE ARE
WHEN THEY ARE 451L TEE
NOT RELIABLE
TAKE MEDICINE
DR UPJOHN SAYS ILL

PRISON SETU

THEY CAN BE CHECKED

IN

THZG
PEOEAC14

TO

DOWN

PINNING
STUDY

DRUG

THE

MUCB

OF

GREAT

BLOO

DRUG VILI

TINE

LED

DESI

DIRECTOR

ARCAS FOR FURDIER
SINCE THE LAB OPENED PARKEDAVIS
HAS ALNACLY
ELI TIIISL ETI
TWO RIE
CHEMICALS DESIGNED TO REDUCE
CHOLESH INI LEVEL
DEEPER TOO DR UPJOHN IS PARLICTI

SEVERAL

ANTICOAGULANTS
ANESTHETICS
STEROIDS
AND DE6DORANTI

CAIRS
CLINICAL
IN
NE

AS

AND ACCURACY

THAT

ANALGESICS
TRAR IIIL
IS

FOR

BY
KARKEJAVIS
YES IGAL ION

IS

FIN IJED

DR

HAILED

NOW THE

JACKSON INCLUDING

RE

JACKSRUI

OF THE

ACCERITEDBY

TI

ARVIN MODEL 32R98
WILRUT WISED
LUUO

BORI

II

ARVN BEAUTY
FINEFURNITURE

JD1RG

WHICH DRUGS MAY HE TESTED AT LIW
EACH CASE IS REVIEWED BY
111500
HOARD OF LIVE DOCTORS ART
BLTWRIB

ARVIN

ARVIN
FM STEREO
TOLL SPCRIRUM OF

RER

RCSPCCTIVE HEADQUAR
TERS FACILITIE5
PARKEI AVIS
IN
ANN
ARBOR AND UPIOHN AT KALAMAZOO
IHE BOARD OF CORRUCTIONS DECIDES

TUBE

IS

JIAR

THEIR

IN

FMAMFM ST

TIMIR

RAINING

UT1ICR
PFL

TO

OTHER

PARKEDAVIS

PROJECT

ACCEPTUD

HOW IT

TO

USINEFL

WEEK

1964

RI
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39

T9R

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411

C7

66

CO

DISCUSSION

EDWARD

DISCUSSION

1V1

ON WHICH
MICHIGAN

IHE

HE

OF

IO

FEW

WITH

TOIIIMITTEE

CERTAIUI

KEEP

NBC TINGS

IS

HERE BY OMITTING
INDIVIDUALS
AND INVES TIAATORS
NA RQS ALSO ILL
CONFINE
MYSELF

TO

CLASSES

STUDENTS
IN

ALL

OF

COMPOUND

RA

CL

CR TITAN

GROUP DO NOT

AS

THESE

INFRODACCS

COMMITTEE

CERTAIN

AND

ACTIONS

THIS

THESE

DIFFICULTIES

STU

DENTS WHOM WE ARE EXPECTED
TO TEACH
HAVE STRONG DIVERSE
OPINIONS IF WE GET ONE
SPNDENT ON
COMMITTCE IT TNAY BE GOOD
FOR HIS

BUT

IT

PNHFAL
DOESNT

STANDING WITH HIS FELLOWS
TEACH THE VIOLE CLASS
WISH

THE WHOLE CLASS WERE INVOLVED
DISCUSSIONS

II

US

REGARDING

WHICH

WE WOULD DESTROY
SO MUCH OF SITE TEACH
IN

NOT AVAILABLE
DUO

FIRST

THESE CVIORNITTEE
TO DIE
CCII

II

HAVE WORKED THE

COMMITTEE

PRIRNIAN

OF
PHARMACOLOGY
DEAL TO DO WITH

CONHNITITTCE

EN

THE CONFIDENTIALITY
TRIG
ASPECT SO IMPORTANT
DISCUSSIONS

IN

THAT

IS

COMPOUND HAS
DECISINTIS

AS

TO

DIN

GREAT

VHAT

IS

IN
III
PERMISSIBLE
INVESTIGATIONS
047 THIS
TYPE OF COMMITTEE
BE CONSIDERED
MIGHT

THE

GRANDFATHER OF THE PEER REVIEW
MITTOES FLY 1952 TIRE ATOMIC ENERGY
MISSION HAD FONNAL
FOR
ARRANGERLCTUTS

JATIUG

BEINGS

THE
ARID

USC OF

APES

RADIATION

POLICY

IN

CORN

CON
RCGRR

HON LINT

COTNIUITTEES

790

VT 77

RIVN

STATES

WITH

OUR

USE

SUB

CORLLMITTEC

952
PROBLEM

MOST

III

THE

OF

PBITS

IN

ISNT
GVNERAL IT
VET
HIGH DOW ON THE OTHER HAND ALONG CAME
SU
USE
CONIGENER OF CY
TARABINE BECAUSE STUDIES
IN ANIMALS
DIDNT

APPLIE

HOW

THIS

INVESTIGATE

MICROCURIES
XVHIDN

510115

20

DRUG

LIBXV

ESTIMATES
INCREASED
STANCE

TRITIATED

3TI

NOT

IS

IT

IT

LIP

NITICH

JIATTERIAL

DIFFICULT

TO

EFFECTIVENESS

DECIDED

IT

TO

USE WOULD INCREASE

FROM 15

BIOLOGIC

WE

VEX

DOSE TO THE GENETIC

RANGED

PM
PROB

OTHER TRITIATED

GENETIC
IS

THIS

POSED

LIKE

THE

FOR

COUL

CYTARABINE
USED IN
THE

WAS NOT

PROTOCOLS

ILTE

ESTINAE

IN

OF

GENER

THU

OF IT

DISPOSE

HENS

HUMAN THCING
COMPANY VAI TUD TO
HUMAN BEINGS USING 100

IIDICAT

CLEARLY

THE RADIATION

THIDIOISOTOPE

PIINCIPLE

MONTH

ONE

WOULD TAKE

WITH

TTEE

UNIVERDTICS

HUMAN

ON

COMPOUNDS

STUDENTS

THE

IN

UP

WITH AN ILK
IF
100
DRUG USING TRI TIU NJ
IUICRQC1JR
OF HITIUA
IS
IN THE FORM
GIVEN
OF
VAICR THE WHOLE BODY DOSES IS ONLY
ABOI IT
WHICH IS ABOUT THE CBS
MILLJIADS
FROM
COSMIC
AGE ONE GELS
RNLIATIO
IN
UNITED

PARTICIPATE

KHIGAN

IIG

ABOUT

OIICS

SPECIFIC

SET

OF

STARTED
VHIGAN
TABLE
SHOWS

YES

INTIST

WHICH

CONFIDENTIALITY

UNTHERSIEY

CONRRIITTEES
IN

SPECIFLC

SOLVED

EASILY

AFCDRCIC

WERC

UNIVERSITY

THIS

PRINCIPLES

EXANLPLETS

ANN ARBOR MICH

THREE CQMIIIIITE

THE

AT

PERHAPS

SDMC

LISLI

ALCUT

IS

SERVE

MD

JR

CARR

TJLARNH7OK MID ITCNOL

CF

LUST

MATERIAL

1000FOLD
HIS

IN

COULD

NOT

IN
BE

DONE

EXCEPT IN PEOPLE WHO COULD FOR SOME
REASON EVENTUALLY BENEFIT
BY IT THIS WAS
AN ANTIVIRAL
COMPOUND AND CERTAIN PEOPLE
WITH MALIGNANT DISEASES WOULD IE IN SERIOUS
TROUBLE IF THEY COTITRACTED
VIRAL
DISEASE
THIS

BE

PASTICULAR

VEIY

HELPFUL

COMPOUND
TO

MNIIGHT

THEM

PROVE

THEREFORE

TO
IT

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THOSE INSTANCUS

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THIS

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ALL

TO

SUB

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AS

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THE CASE

TABLE

RED

WORE

PRINT

OF

AMDY

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WITH

PROCEED
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BUT

IN

FROM

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HAS

SITL4EET

TO

USE

OF

LOSE

100

LIE

OF

THIS

OF

COIN

THE WHOLE BODY
POUND 1FODOALBUSNIN
DOSE WOULD BE ITT THE RANGE OF 30 TO 150

MUCH HIGHER

WITH

MILIFIADS

ONE WANTED

IF

TO

AN

BODY DOSE WOULD BE
HIGHESTA BIG WHOLI
THIS

WHY

BODY DOSE

IRTVR

THE

WISHED

VAS AN ATTEMPT TO
ORDS IT WAS INTENDED
THIS

IT

ALL

THEM

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THE

ARC

REAL

ELANCUIA
OTHER

CURE

REFUSE THEM THIS

AND WATCH THEM LIE
DO

THESE
FROM

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TO

THEREFORE

WHETHER

SIT

TRY

MELANOMA

FOR

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GET

OR

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AS

IS

ALIT
RELATIVELY
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TO

TOR

TABLE

II

TELL

SON

CSF

IRIVESTIGA

THORN

TO

THE

TO

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THUS

THAT

ARC OF

HAVE

TO

OR

EITHER

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CART

ALT

LOXY

RISK

THU 1K

INVESTIGATION

WE FIND

HAS SO

WE

THE PHARMACOLOGY
THE
MD USE CLI NITAL 001ST NON SENSE
CAN HE ALLOWED III
LINT CAN

RIOT

THE

LOOK AT THIS

CONSIDER

COTFLPOTLTLD
AS

TO

LITTLE

SITUATIONS
TO LOSE

WE

DEAL ABOUT

GIPAT
IS

NLEASU RES
THAT

TO

LIKELY
III

THIN

WIT
IT

ITLI

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UTNAT

II

100

PE

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THOUGH

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1SOJE
30

TO

LOCAL

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THIS

90

OF

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CXPERIN

AN

TO

SYSTROTICTILLY

WHOLE BODY DATA

DENY HIM

TO

OF

70

IS

CLONT

WHETHER

TH

CERTAIN

TO

THEIR

PATISATS

95 NTDS

THAT
DTTCTITIIIS

WE COME NOW TO

THIRD

IRS
SITUATIONS
PRINCIPLE
SECOND REVIEV CDMRNITTEE

THE
THE

INVOLVING

THE SURGEON
GEN
YOU ARC ALL FAMILIAR
AND BY THE END OF 1RARCH

BY FEBRUATY
1966
CRAPS EDICT WITH VHIEH
HAD BEEN ISSUED

WE

19664

LINT

FORTNS

JO
CORUT ITITTEE
TABLE
THAT

IN

TIAC

III

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THIS

IN

SUL4ETT

VAS

RADIOISOTOPE
OF CASES

CON

IFE

INVESTI

US IGI

III

IT

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FRIGI

DCII

WERE INTERT

OF OHTIGISIS

AUDIOGRAMS TO TEST THE BEARING
IN
PEOPLE WHO HAD TERMINAL ILLNESSES
EVENT THAT SOME OF TL TO VOLIL
COME

OBTAINING

TO

IN

ATOPSY
THE

FUJI

COMPARE
THE
AND LOGRATUS
TERMINAL

ILLNESS

PATIENT

CAREFUL TO STAY
PA

TIME

ITT

OT

IS

THE

THAT

IN

THE

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ITSELF

ILA

HUMAN

OF

SOME EXAMPLES

LISTS

PLAGUTD

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OF

APART FROM

ITO

THAT

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STLUTDIIAG

DEALT WITH

OR NOT

WOULD BE WRONG

THOUSAND

LOWEVER MOST OF THE
AND ONE HAS TO
SIMPLE

ISNT

IT

ONE CHANCE IN

IS

HELPED

BEING

TO

THERE ARE TWO WAYS

ON

BODY DOSE FRONT TI IT ADMINISTERED
50 RIRADS THE SPINAL ENID MIGHT
DATA AS HIGH AS 40 TO 60 RAD

CHOICE WAS OBVIOUS

HAVE

TO

TRATHECAL

OTTO COULD
TITIS

OF

OF

GTE USE OF

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TOPES

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ETHICAL

FOR

IG

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REQUESTED THE
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MET

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NOW THERE
NOT

TREAT

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IN
PEOPLE
TO USE THIS

ANALOGNO HAD DISSEMINATED
MALIGNANT
ARSORTUS NO OTHER THERAPY WAS AVAILABLE

MEDIATE

OF

MILLFEURIES

WHOLE
ATLALOGUE THE
ALMOST 100 CADS AT THE

BECAUSE

PERMITTED

WHOMTHE

50

GIVE

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1970

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WITH
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AWAY EMIT
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AMATE
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FOR ANYTHING
EXCEPT HEARING RESEARCH
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THEY
ALSO
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WE

OUR

CONCERN WAS

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TH6Y

DO NOTHING

WITH

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IRA

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IO
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TO

DO
OF

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WHAT HAD

BEEN

THE PAST THIS MEANT FOLLOWING
UP
HAD BEEN SEEN IN THE SIT DENT

WHO

PEOPLE
HEALTH TEN TER LV

PSYCHIA

THE QUESTIONNAIRE
YEAN
VAS NOT UNREASONABLE AND

IN

THEY
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PROPOSED

PEOPLE WERE

ANY WAY COERCED TO ORSTVER IT WE
HAD ONE PROBLETN HOWEVER MANY
PEOPIE
SNOT IN

ARE SENT TO PSYCHIATDSTS IN COLLEGE FOR CITE
TWIG OR ANOTHER THE PSYCHIATRIST
MAY FIND

II

THERE
BE

FOR

ASKING

AC

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TH

HORN

IN

THE

SUBJECT

IT

BE
MUCH STICKIER

OF PROBLEIRK

LIST

IS

OF

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HEARING

IS

OR WITH

CHILDREN

MENTAL

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ORE

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THOUGH
TIE ARE
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POOR
THE YOUNGER AGE
GROIP THE

ISRIGLIT

IN

HEARING

PROPOSED METHOD OF TESTING BEERING WASLAY
EVOKED COCHLCAR OTEI1HAI
AND INVOLVED
PIST

ILL

PATIENTS
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AS ASSOCIATOD

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MANY

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WERE WITH

IF

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ALLOW THE INVESTIGATORS
TO SELECT
THEIR SUBJEC
MATTER HOW CAREFUL THEY
LIT
FOR

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OUT

BECOME

ANDIOGRAMS

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AN ATIDIOGRAM

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IT

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HI

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II

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IN

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OTHER

INFORMATION

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BE

IS

THINK

QUCSTSIRNPLY

NOT

COURSE

EVEN

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ETC

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TH

THIS

TOUGH THETE

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OR TUE

THAT

TICS

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THE

LEFT

MAKING

ARRIVES

THE

OPENS
OF THE PEST

CARS

HAS

TO

WIFE

SUBJECT

PROI

ICR

SUPPOSE
FEET

LOI

VJ

PT

EAR THE IN
WANTED TO START WITH ADULTS

ELECTRODES

TIRUG

WE

VESTIGATORS
FELT

AS

TOLD

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IN

NO

FOLLOWS

IRSATTER

THE

BOW MUCH THEY
NIATTER
HOW VA
WE VOULDNT PI

PERSON AS ID 110
EQUIVOCALLY HE CURASCUTED
MIT
THE
PUNCTURING
EARDRUM
RESCARRH

EVEN

WHAT VAS BEING

THEREFORE

THEY LAUD

INITIALLY

WHO

PEOPLE

LIED

ALREADY

DRUMS HORN PREVIOUS

IF

FOR

SOLELY

THE

PURPOSES
UNDERSTOOD CXAETLY

TO

SUBJECT

DORC

START

UVIT

DISEASE OR

IT

EAR

PUNCTURED

WHO HAD

NO EARDRUMS

NOW
DECIDE
WISH

XULICT

III

TO

IT

TRYISIG

TO

HAND

THE

STILL

USEFUL

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USE THIS

REQUIRE

IS

HAPPENS

THIS

IN

ART

WHEN YOU
METHOD

ITFANT

THEA

FLUIALLY
CI

IT

YOU
WILL

MYRINGOTORNY FOR THE PURPOSE OF
INFANT
ON
THE
OTHER
HELP TIM
FIRST

INMFAT

IN

AN ENPERIMNENTAL

ONE KNOW
NVCSTIGATION

THE

FIXST

XVIII

WHOSE THIS
SNIAJICT

TIME
ACTUALLY

AROUND
HELP

DONE

IS

LIOSV

DOES

THAT
THE

THIS

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IN

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TO

IC

IN

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STOP

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ALL

DISNDVAMMAGE
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SOME OF US WERE PREPARED

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METHOD OF INDUCING LABOR
AFTER
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TO

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DO

LABOR

OF

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NOT

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POSES BITT VLNIIT INAPPENS IF YOU WANT TO DO
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ARE YOU GOING TO START WITH SICK PEEP

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TO

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ARC ALWAYS
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SUBJECT

STUDY

GENERAL

LIT
IN

INN

WE WOUID
RESULTED

REDLUIRES

UNLESS THE STUDY HAS TO BE DONE ON
BORDERLINE PEOPLE
THE CRST
TED
VIS
AN INDIVIDUAL
WHO WAS

STIISJEVTS

PSYCHIATRICALLY

ONE

LIS

ON

REGULARLY

DIM

VERY POOR VOLUNTEER FOR
EVEN THO IGIN LND BE DELIGHTED

TNADY

IG

TAKE ANY DRUG THAT
TIC SECEND WAS

TO

AFTER

RIS

TALKED

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LEIPATE

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FAMILY

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IM

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AND

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WE WOULD

DID

HE

PAR

TO

UNDER

IT

USE

SNOT

HIM
PERSONS ARE NOT GOOD SUBJECTS
UNFAIR TO SSURNE THAT ATTORNEYS

LITIGIOUS

MAVISE

ITS

INVOLVE

IN

TFSEMSELCES

LAWSUITS

OTHER PEOPIE
ANOTHER POOR SELECTION
DENT

IN

DANGER

WHO

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VOLUNLER

TO SELECT

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WANTED TO DO ENDOCRINE

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BUT

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TINE

IN

HAVE BEEN

NORS

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ANY
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TRYING TO INDUCE
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FEW STATISTICS FROM THE LAST

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TABLE VII

OF THAT EONTRNITTCE

ARE

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THE

MOST

MADE
IRA

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OF

IS

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OF

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THEY WAIT

THE DING

IGS

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IF

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TO

PRISONERS

TITLE

INS

1970 THESE

OF
ADVANTAGE
HAVING
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STATE

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SOME STATIS

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CARCFU IIV
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DRUG SIGNS
THEN OISTR

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EVALUATION
OF
PROCEDUZE THAT MUST TAKE PLACE IN TIMICING

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OF THE

OF THE

PRESENTATION

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MERITS

TRIAL

III

MAN

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TRIAL
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EMPLOYED IN THE CLINICAL
OF
SHALL
NOT ATTEMPT
TO DISCUSS PROBLEMS RELATED TO EVALUATION
AND
FORMULATION
IN
CHANGES
HAVE PRODUCED
AND PHARMACOLOGISTS
LET US ASSUME THAT THE CHEMISTS
THAT
JEW COMPOUND POSSESSES SOME PROPERTIES THAT MIGHT HAVE THERAPEUTIC
OF EXPERIMENTAL
SEVERAL SPEEIES
IN
MAN AT THIS TIME TESTS
APPLICATION
FOR THE PURPOSE OF DETERMINING
ANY POTENTIAL TOXICITY
ANIMALS WILL BE UNDERTAKEN
THE DRUG WILL BE ADMINISTERED
IN ADDITION
TO UNDERGOING ACUTE TESTS FOR LETHALITY
DOSE THEY CAN TOLERATE AND IT
INTERVALS IN THE MAXINSUIN

STANCE

TO ANIMALS

AT REGULAR

OF
ADMINISTRATION
BY THE SAME ROUTE TO HE USED IN MAN DURING THE
IN
WILL
BE PERFORMED AR
THE DRUG LABORATORY TESTS OF ORGAN FUNCTION
TIMES
AT
VARYING
DEPENDING ON THE
TERVALS
THESE TESTS WILL BE TERMINATED
SOME
CLINICAL
TRIAL
IN
THE INITIAL
NUMBER OF DOSES PLANNED TO HE ADMINISTERED
AND SUBJECTED
TO THOROUGH POSTMORTEM
WILL
BE SACRIFICED
OF THE ANIMALS
OF TISSUES
THE RE
EXAMINATION
CAREFUL
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INETLDING
MICROSCOPIC

RE

BE GIVEN

WILL

MAINDER

EONTINTL6

WILL

RECEIVE

TO

DRUG AND BE KEPT TINDER CLOSE OBSERVATIOFL

THE

TESTING IS TO
MIND THAT THE GOAL OF THIS TOXICOLOGICAL
THE
ACTIONS
AMOUNTS TO UNCOVER ANY UNDESIRAHLE
TO
PRODUCE THE DESIRED
OF THE DRUG REQUIRED
DIFFERENCE BETWEEN THE QUANTITY
EFFECTS
ACTION IN ANIMALS AND THE AMOUNT THAT MAY CAUSE TOXIC
PHARMACOLOGIC
THE OCCUR
TRIAL
IF
IS
CRITERION IN DECIDING
DRUG MERITS CLINICAL
AN IMPORTANT
IT

IMPORTANT

IS

THE

GIVE

RENCE

DRUG

TO

IN

OF TOXIC

HOWEVER
THE

UNDERTAKING

AND OF ANY ABNORMALITIES
THE PREELINICAL

IN

ANIMA

DOSE SHOULD

THERAPEUTIC

STUDY

CLINICAL

IN

SUFFICIENT

MANIFESTATIONS

THE ANTICIPATED
TO CONSIDER

KEEP

IN

IT

IS

WHEN THE DOSAGE

TI

BE HELD AS EVIDENCE

RIOT

THAT

ESSENTIAL

CLINICAL

AT

BE

ORGAN FUNCTION

LEVEL

CLINICIAN

TILE

IS

MANY

AGAINST

WHO

WILL

IS

IS

STUDIES

OBVIOUS

POTENTIAL

RISK

IN

THERAPY WE WOULD CERTAINLY
THE

CLINICAL

TRIAL

PROGRAM THAN
496

L3I

BE
IF

WILLING
THE

TO

ACCEPT

GREATER

DRUG WAS INTENDED

TO

AD

TODAY THE
OF

INVESTIGATINN

INITIAL

WELLEQUIPPC
FOR THE

SAFETY
IT

TO

STUDY

IN

IS

SIW
TO

POSSIBLE

JV

AND

OBSERVATIONS

FOR THE EVALUATION
LET

ASSUMC

US

MERITS

LESAT

AT

SUBMISSION
ACTTALLY

TH

TO

WE

BEGIN

WASHINGTON
IN

THE

PASI

MANUFACTURER

II

TO

NEW DRUG

THE

ESTABLISHING

DINE

SUPERVISION

OF

OF

THESE

UNITS

HOPT

IS

FACILITY

IN

QI

SOME

SOPP

WITH
BIASED
DESIRE
IT

THAT

NO SATISFACTORY

OF THE COST OR THE

ASKED

INFORMED OF ALL EVIDENCE OF TOXICITY
THAT MAY HAVE BEECT OBSEIWED
DARING

IR

INVARIABLY

FINANCIAL

WE MUST ALWAYS WEIGH THE POTENTIAL FOR HARM AGAINST USE
OF
NEW DRUG
BENEFIT THAT MIGHT OCCUR AS
RESULT
OF THE ADDITION
ANTICIPATED
BE FIRST REVIEW
OF THESE DATA FOR THIS
TO OUR THERAPEUTIC
ARNIAMENTARIURN
IS THEIR PRODUCTION
RESCAREB STAFF THAT PARTICIPATED
PURPOSE WILL BE MADE BY THE
HE
RESEARCH STAFF WHO WILL
MEDICAL
AND BY
FRONT THE COMPANYS
PHYSICIAN
TRIAL
FOR THE CLINICAL
GROUP WILL PRESENT RECOIN
PROGRAMS THIS
RESPONSIBLE
COMISIDERATION
FOR APPROVAT AN IMPORTANT
NIENDATIONS
TO RESEARCH ADMINISTRATION
INTENDED
USE
CLMNTCAL
TRIAL
TS ITS
DECISION
THAT
JEW DRUG MERITS
AFFECTING
DISEASE IN MAN FOR WHICH THERE
IF THE NEW SUBSTANCE
WOULD ENABLE US TO TREAT
IT

MAY NO

FACTORS

TIMES

IOITIATIFL

BE

TO

TINIRI

WHEN THERE ARE

MY

RESTRICT

BC

MAY

IT

IRTFORRNATICN

ANY DISCWS4ON

IC

TOXICITY

MAN

WA

IT

MAN

OF

HAS BEEN
LOWET

THING

WHO WOULD HL
INITIAL

EVALUATION
PERMIT

THERAPEUTIC
IT

7CM

TMNDUE
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INITIAL

IS

AVER

1926

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THE

51

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IN

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FOR

497

INDUSTRY

NOT LIFETHREATENING
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FINALLY
THE
MUST BE CONSIDERED
BY MANAGEMENT
FOR TOXICITY IN ANINAL
AND THE EXTENSION AND REPETITION
ITSELF

CLINICAL

IS

TRIAL

OF IHE TESTS
PROLONGATION
OF CLINICAL
STLLDICS
HAVE CONTRIBUTED

IN THE COST OF DRUG EVALUATION
PATHWAY OF THE DRUG IN MAN DURING
THE EARLY STAGES OF THE CLINICAL
TRIAL
SSD THEN STIECT AS THE SPECIES OF ANIMAL FOR
CHRONIC
THE DRUG IN THE SAME MANNER
TOXICITY TESTING THOSE ANIMALS
METABOLIZING
FURTHER
AS MAN IT MAY BE POSSIBLE TO REDUCE THE DURATION OF THE TOXICITY TESTING

PERHAPS

WE

IF

CAN

MORE ATTENTION

BE

MAKING
DL

RESTRICT

NAY

ELY NEW
EVALUATION

SUB
OF

TODAY
OF

INITIAL

RE

AN

THERAPEUTIC

CAPERINIENTAT
MTIAL

TOXICITY

AT

IT

ON

SIDING
II

IT

THE

THE

DESIRED
EFTEETS

TOXIC

THE

OCCUR

MANY
ALOST
WILL

10

IS

TESTING

INITIATING

ACE OF TOXICITY

SERVED DURING
MA AGAINST THE
IF
NEW DRUG
DATA

FOR

THIS

DR PRODUCTION
WHO WILL BE
RESENT

RECOIL

CONSIDERATION
INTENDED
OR

WLAIELA

ACTUALLY

T55E
THERE

TO

BEGIN

AS

GREATER
TO

INTENDED

2REAT
INFORMATION

THIS

OF THE

ADEQUATE
BE

TECHNICAL

STAFF

SO THAT

MAXIMUM

UNDER THESE CONDITIONS
PROVIDED
DEAL OF INFORMATION
FROM
LIMITED
NUMBER OF

MAY

WILL

BE UTILIZED

IN PLANNING

THE

TOTAL

PROGRAM

DRUG

NEW COMPOUND
BEEN REACHELL THAT
THE DATA MUST BE ASSEMBLED FOR
THE ROOD AND DRUG ADMINISTRATION
AND THE CLINICAL
TRIAL
WILL
WHEN AN INVESTIGATIONAL
NEW DRUG NUMBER IS RECEIVED FROM
DECISION

LIMITED

ELINICAT

HAS

EVALUATION

IN THE PAST IT WAS CUSTOMARY FOR
PHYSICIAN
ASSIGNETI
AS MONITOR BY THE
MANUFACTURER TO SEEK OUT SEVERAL INVESTIGATORS
WHO WOULD BE WITTING TO TRY
THE NEW DRUG TODAY WE MUST CONSIDER
THE FEASIBILITY
OF THE MANIAFACTURERS
ESTABLISHING
CLINICAL
RESEARCH
UNITS WITH
STALL
UNDER THE
FTAILTIME
TECHNICAL
OF
AND INVESTIGATOR
SOME
SUPERVISION
COMPETENT CLINICAL
PHARMACOLOGIST
OF THESE UNITS HAVE BEEN PLACED
IN
HUT THE IDEAL
PRISONS
PLACE FOR SUCH

IN

HOSPITAL

IS

FACILITY

WITH CLOSE ISSOETATSON

SOME QSAARTERS THE
TRAIN
SUPPORT
WITH FAVOR HECASASE

PARTICIPATION

FINANCIAL

PHARNIACEUTICASI

WITH
OF

MEDICAL
CLINICIAN

SCHOOL

WHO RECEIVES

MANUFACTURER HAS

NOT

HIS

BEEN

ENTIRE

LOOKED

TRIAL
MIGLAT BE
WAS THE CONSEFLSUS THAT THE CLINICAL
WOULD BE UNDULY INFLUENCED BY THE
PHYSICIAN
DESIRE OF MAAIAGEANENT
FOR
FAVORABLE
ANSWER IN MY OPINION THIS IS NOT TRUE
IT HAS BEEN
MY OBSERVATION THAT MOST INDUSTRYBASED INVESTIGATORS EXHIBIT IF ANY
LOWER LEVEL OF POSITIVE
BIAS THAN EXISTS AMONG PHYSICIANINVESTIGATORS
THING
WHO WOULD BE SUPPORTED BY GRANTS PRESENT FIIA
THAT THE
REGULATIONS REQSAIRE

UPON

HIASCA

INITIAL

IT

PERMIT
INITIAL

WAS REASONED

STUDIES

CLINICAL

EVALUATION

CERTAINLY

IT

IT

THAT THE

BE UNDERTAKEN
IN
BY INDIVIDUALS
EXPERIENCED
DRUG
WOULD BE ILL ADVISED AND WOULD SHOW POOR JUDGMENT TO
THE CONDUCT OF THE CLINICAL
STUDIES
IF AN
TO INFTUCNCE

UNDUE PRESSURE
IS CONDUCTED

STUDY

THERAPEUTIC

1926

AGENT

MAY BE

IN

HAPHAZARD MANNER IT IS POSSIBLE THAT
AND MIGHT NOT BE REDISCOVERED

VALUABLE

DISCARDED

AND COMPANY ESTABLISHED
MODEST RESEARCH UNIT IN THE
NOWMARIOZA COUNTY GENERAL HOSPITAL FOR THE
EVALUATION
OF LIVER
EXTRACT
IN THE TREATNENT
OF PRIMARY PERNICIOUS
ANEMIA
THE LABORATORY HAS BEEN IN CONTINUOUS
OPERATIOTA SINCE THEN AND HAS BECOME
IN

TNDIANAPOLIS

ACCEPT

WITH

PATIENTS

WASHINGTON

TIMES

BE ASKED

EAST

AT

OR

ASSUME THAT

US

SUBMISSION

OBSERVATION

ACTIONS

LET

THE

POSLNLOTTEFLI
THE
TIES

IL

AND

FOR THE EVALUATION

MERITS

LABORATORY

SUBJECTS
TO OBTAIN

POSSIBLE

IN

SOME

TRIAL

IS

OF

REGULAR

FOR THE

OBSERVATIONS

LERATE AND
NINISTRATION

STUDY

CLINICAL

ADVANCES IN OUR TECHNOLOGY AND THE RECOGNITION OF THE IMPORTANCE
THE METABOLISM OF THE DRUG HAVE MADE IT DESIRABTE
FOR THE
TO BE CONDUCTED BY
TRAINED
CLINICAL
PHARMACOLOGIST
WORKING

WET1

SAFETY

ADMINISTERED

THE

OF THE

MIGHT BE OBTAINED

THAN

INVESTIGATING

NEED EVIDENCE

TO THE DESIGN

TO AN INCREASE

METABOLIC

STUDIES WILL GIVE UT MARC XRTEAIINGFUL
IN WHICH MANY
BY WIDESPREAD INVESTIGATION
FACTORS MAY NOT BE ADEQUATELY
CONTROLLED
IT SHOULD
BC NOTED HOWEVER THAT
WHEN THERE ARE INSTANCES IN WHICH
HERETOFORE
NEW DRUG OFFERS THERAPY FOR
FATAL
WOULD UNDERTAKE
CLINICAL
IRIUL
INVARIABLY
DISORDER
INDUSIRY
REGARDLESS
OF THE COST OR THE ABILITY
TO PRODUCE MATERIAL
ON
SATISFACTORY SCALE
INFORMATION

RUG SHOULD

THE

ASCERTAIN

ELI

LILLY

GENERAL HOSPITAL

NEW YORK

ANNALS

498
INVOLVED

RCSEARCH
WITH

CAN CONFER

FEET

AT THIS

OF

LABORATORIES

THCIR

RILLY

COMPANY

ANTI

LILLY

IN

COLLEAGUES
IN

THE

VERSA
IN
1968 WE
WAS EXPANDED SO THAT
SPECIAL VARD WHICH INCLUDES

AND THE

OF

MONITORING

VITAL

TN

SIGNS

ADDITION

ELECTRONIC

AND CONTINUOUS

WARD

THE

TO

ARE LABORATORIES

THERE

FOR

ISOTOE
CONDUCT OF SPECIAL
LIQUID
TESTS INCLUDING
GAS CHROMATOGRAPHY
EXAMINING
AND ALL THE USUAL STANDARD BOSPITAL LABORATORY EQUIPMENT
STUDIES
UNIT
FOR OUTPATIENT
ATTIDICS
ARE AVAILABLE
ROOMS AND OTHER FACILITICS
AT
OF PHARMACOLOGY AND MEDICINE
WITH
THE
ASSOCIATED
CLOSELY
DEPARTRFLETS
AT THE PRESENT TIME ALMOST ALL
SCHOOL OF MEDICINE
TNDIANA
UNIVERSITY
THE

ME

OUR

ARE

BEING

OF TECHNICAL

ASSISTANCE

ALL

STAFF

OF

WHOM ARC

FOR EFFECTIVENESS

STUDIES

AND
PORTION OF THE CONTINUING
CLINIC
CONDUCTCD IN THE LITLY

TRIMS

CLINICAL

INITIAL

AND SAFETY

THE

WITH

PHYSICIANS

BY

MEMBERS OF

FULLTIME

RESEARCH

THIS

EORNPOILELST

FROM SEVERAL SOURCES
IT
IS
THESE INDIVIDUALS
SHOULD

AND PATIENTS COME
NUMBER OF VOLUNTEERS
WE HAVE DEVELOPED

SUBJECTS

AMPLE
ADULTS

CORRECTION

OF THE STATC

SERVING

TEIM

AS

CLINICAL

PRISON
SUBJECTS FOR THE
IN

INDIANA

THERE

TIME

SATISFACTORY
TO

THE

FOR

TO TEST

HIASSELF
IN

AIDING

HIS

DETAIL

VEAT

TO

IN

THE

WITH

THE

MAY

INDIANAPOLIS

BETWEEN THE

TIME

INDIVIDUAL

THIS

INTERVAL

MEN

THIS
AFTER

IN

OF

BATTERY

RESEARCH

CLINICAL

OF LABORATORY

AT

NORMAL

TIME

TESTS

TIME

MARION

IN

IS

OF THE

MEN HAVE

THESE

INSTITUTION

THE
WILL

SUBJECT

VOLUNTEERED

PROPOSED STUDY IS EXPLAINED
PHARMACOLOGIST EACH VOLUNTEER

IN

THE

LILLY

LAY

ALL

ORGAN

WARD

TIME

FUNCTION

IS

PROTOCOL

OF

BY THE

LANGUAGE

CLINICAL

WRITTEN CONSENT FORM OUR
MUST THEN SIGN
THAT THESE VOLUNTEERS HAVE BEEN AS ADEQUATELY INFORMED
CRITERIA
FOR ESTABLISHING
WOULD HE DETERMINED BY THEIR ABILITY
TO DESCRIBE IN THEIR OWN WORDS
AS POSSIBLE
OF THE

THE NATURE

TESTS

AND THE GOALS AND ANY ADVERSE

EXPERIENCE

THAT

MIGIST

BE ANLMESPATED

COPY OF THE PROPOSED PROTOCOT IS
INSTITUTION
AND IS REVIEWED BY THE MEDICAL
STAY IN

THEY
ALONE

THE
ARE

HOSPITAL

VISITED

THEY

THE VOLUNTEERS

REGULARLY

ARE PAID

FOR

BY
THEIR

ALA

WITH

FILED

DIRECLOR

ARE PROVIDED
OCCUPATIONAL

EFFORT

PHASC

EXAMPLE FOR
WOULD SC
ANUIHYPERTRN
IN

SAFETY

HELD

THE
AT

WITH

TIME

PRISON

EQUIPMENT

THERAPIST
IN

SUPERISSLENDENT

OF

THE

OF

DURING

THE
THEIR

FOR EXERCISE
HOSPITAL

PIITK

ITS ETTECI

ASTO

CI

SPECIAL

ARE CONDUCTC
TBC

IN

OTITP

OF PATIENTS

NO TRCSSH
OBSERVATION
CCII

AND PHARMTC
CAICFAV

STAFF

AS YOU ARC
TO THC STIBJEC
CLINICAL

MW

THE

ADDIL
MNETABOLI

MEASURMN

DEVELO
BE APPLI

WILL

THERE

APPROVED

TO

TRANSFER

THAT

RESEARCH

AND IN

DETISIL

INITIAL

EXPLAINED

IS

NOT ONLY

BASS

THEIR

PERMIT

THE

THC

IN

OUT

II

COUNTY

TO

IN

TRAINED

BEEN HELPFUL

HAS

EXPERIENCE

PERFORMED TO ASCERTAIN
ADMISSION

NIEKNIIV

HELPFUL

PERSONAL

SINCE
GENERAL HOSPITAL
THEY
TO ESCAPE
ARE DISC TO BE PAROLED WITLSIN
MATTER OF WEEKS THERE IS NO INCENTIVE
AND
EACH VOLUNTECR IS GIVEN
COSMAPLETE
VERY THOROUGH PHYSICAL EXANSINATION

WARD FOR

CONDUCT IF

BEEN

ADDITION

FOR THE

AN OPPORTUNITY

PROVIDES

ALSO

BUT

TO

OF

PROVIDES

PARTICIPATION

AND THE NATURE OF THE PROPOSED STUDY

STUDY

BEERS

VOLUNTEER

APPROVAL

DOUG STUDIES

ITS

THESE

TO

SOCIETY

ADNUINISTRATION

WE BA

THE
OF

ENVIRONMENT

CAREFULLY

THE

THEIR PARTICIPATION

ACAR

PARTICIPATE

ACCRUE

HOSPITAL

READJUSTMENT

THEY ARE INTERVIEWED
IN

MAY

THE

AT

TO

PEISOUI

DIFFERENT

ITS

INSTITUTION

PERIOD
OF RELEASE OF THE

THIS

YOUNG
BOARD OF

HEALTHY

NCW DRUGS

FREQUENTLY

THAT

MONETARY GAIN
TRIAL
PROGRAM

CLINICAL

IN

IS

AND THE ACTUAL DATE

PAROLE

OF

TRIAL

BE

HAVE AN

TO

WHEREBY YOUNG MALE ADULTS WHO HAVE

TAE

IN

ESSENTIAL

ARRAN

SATISFACTORY

OF INDIANA

OX

ETNPLOYCRS

FACILITY

NEW WING
HOSPITAL
PATIENTS OR SUBJECTS IN
WV FLQW HAVE SPACE FOR
OF SPECIAL DIETS
EXCELLENT EQUIPMENT FOR PREPARATION
OCCUPIED

PHYSICIANS

CLINIC

UND VICE

RESEARCH

THE

AT THE

HOSPITAL

THE

ELI

SCIENCES

LABORATORY FOR CLINICAL
WHICH IS AFFILIATED
WITH THE
FROM
HOSPITAL IS ABOUT TWO MILES

TODAY

INTEREST

SQ114FE
SCHOOL OF MODICINE

UNIVERSITY

MAIN

OF

FIELDS

69100

OCELIPIES

INDIANA
THE

CVERAI

IN

RESEARCH

OF

ACIIDEINY

FHE

ESCROW UNTIL THEY ARE PAROLED

WAYS OF
WE HAVE
ALL
STAFF

ST
TO

CHRONIC

OF

II

ALL

TOXIEOLOEY
DISTRIBTITION

EVALUATIOLI
CAN HE ADJC

NOW
SCM

CAUSED
TO

ISE

CHANGES

OL

DRUG
OF

STUDIE

THESE
TO

SLIT

HAVE

WITH

ART

THEITI

AFTER

ML

KOLILSTAEDT
AT THE HOSPITAL

FOR CLINICAL

CRY

WITH

IFIHIATED

TWO MILES
LINK

THE

WE HAVE

FROM

196R

CONDUCT THE CLINIE
BEEN NICKNAMED
THE

WE

ELECTRONIC

LABORATORIES

GRAPHY

FIG

ISOTOPE

NT
THE

UNIT

IEDICINE
ALMOST
OR

EFFECT

CRANS
OF

ALL

OF
THE

IN

OR

OF

ADDITION
IN

THE

OUR

SUBJECT

BEEN HELPFUL
VOLUNTEERED
LY

IS

EXPLAINED

INLY

APPROVED

TO

THE

SINCE

LILLY
THEY

NYC TO ESCAPE
CONIPLETE
AN

FUNCTION

THE
IT

IR

CLINICAL

FORM OUR

TELY

OW WORDS

NDENT

MIGHT
OF

DURING

THE
THEIR

FOR EXERCISE
LOSPITAL
ARE

THE

PAROLED

URRANGEN TO

ITS

THERE
MILD

IS

AMPLE

AND

THE

AT

MAKE

TO

OPPORTUNITY

HYPERTENSION

SAME TIME

OF

OBSERVATION
OBTAIN

EFLECTIVENESS

AN

OF

ITS

INFORMATION

CLINICS
SUCH AS DIABETIC
EARDIOVASCULAR
AND PASEROENTEROLOGICAR
CONDUCTED BY LILLY PHYSICIANS
IN
MARION COUNTY GENERAL
HOSPITAL
THE OUTPATIENT
AREA AND IN THE RESEARCH UNIT

THUS

IN

THEY

ONES

BOTH

COLLECT

GROUP
HAD
TREATMENT AND

WE

HAVE

EFFICIENCY

ADDITION
TO DETERMINING
DOSE
IT
IS
OFTEN POSSIBLE
TO
INVESTIGATE
METABOLISM OF THE NEW DRUG IN THE
COURSE OF THE INIHAT STUDY METHODS FOR
MEASURING COOCCUSRATION OF THE DRAG SLID ITS
MNETABOLITES USUALLY WILL HAVE
BEEN
DEVELOPED
IN THE COURSE OF THE
STUDIES IN
EXPERIRRRCRJTAL
ANIMALS
OFTEN
THEY
WILL BE APPLICAHLE
TO HUNARI SUBJECTS
DURING PHASE
THERE IS INCREASING RECOGNITION OF
TILE NEED TO ESTABLISH
THE METALOLIC
PATH
WAYS OF
NEW DRAG AS SOON AS POSSIBLE IN TIRE
COURSE OF
CLINICAL
TRIAL
AS
WE HAVE STARED THIS WILL BE
IN
HELPFUL
SELECTING SPECIES OF ANIMALS
FOR LONGTERM
CHRONIC TOXICITY STUDIES

RAR

THE

ALL
STAFF

OF

THE

ALL

EVALUATION

DATA

FROM THE

INFORMATION

THAT

AND

DATA

DISTRIBUTION

TO
OF

INITIAL
IS

NOW

US

STUDIES

KNOWN

WILL

INVESTIGATORS

THE
TO

LET

CLINICAT
CLINICAL

CAN BE ADDED

INFORMED

THAT

TO

IS

PROTOCOL

PROSPECTIVE

SPECIAL COMMITTEE WHICH INCLUDES
MEMBERS IN THE DEPARTMENTS
OF MEDICINE
AND PHARMACOLOGY AS WELL AS SENIOR
MEMBERS OF TH COMPANYS CLINICAL
RESEARCH
SALT CAREFULLY REVIEWS EACH
PROTOCOL PRIOR TO EVERY
PROPOSED CLINICAL
TRIAL
AS YOU ARE WELL AWARE THE INITIAL
TRIAL
OF
NEW DRUG ALWAYS ENTAILS SOME RITK
TO THE SUBJECT
WC HAVE MADE RTLAXIMSLNI
EFFORT TO RCDTCE
THIS TO
MININSURN
THE CLINICAL
PHARMACOLOGIST
MUST DEVOTE TIME
AND EFFORT TO THESE PROGRAMS
PERSONAL ATTENTION
IS
AND RESPONSIBILITY
ESSENTIAL
CANNOT BE DELEGATED
WELL
TRAINED
COMPETENT GRADUATE NURSE IS INDISPENSABLE
FOR MAXIMUM

PROVIDES

PATION

OVER

WITH
CAREFULLY DOCUMENTED RECORDS OF THEIR
DISEASE
NO TROUBLE ATTRACTING THESE PATIENTS
AS VOLUNTEERS FOLLOWING
THEIR
OBSERVATION
IN
OUR CLINICS

BEEN

APPROVAL

AND

TRIM

OF PATIENTS

VOLUNTEER

TERVAL

WITH

IN

YOUNG
BOARD OF

MAY

DRUG

SAFETY IN PATIENTS

ARC

HAVE AN

WHO HAVE

OF ASE

SPECIAL

IVENESS

HEALTHY
THE

YEARS

EVALUATION

ANTIHYPERTENSIVE

AS

RESEARCH

TO

TIAL

THE

WITH

THIS

IS

AT

15

VISITOR

499

LFLDUSTRY

THEIR

FOUND THIS

TO

PANDED SO THAT
WHICH INCLUDES
LUOUS

NUY HAVE

INTERVIEW

FOR

BE FAR MORE
SATISFACTORY THAN ATTEMPTING
PROGRAM IN SHE PRISON
THE LILLY RESEARCH UNIT HAS
HSLFWNY HOUSE THE VOIONENER
UBJECRS
ARE ESPECIALLY
HELPFUL IN THE CONDUCT OF
INCREASINGLY
IMPORTANT
METABOLIC
STUDIES OF NEW
DRUGS
SONIC INSTANCES
THE PATIENTS WITH
RELEVANT DISEAE
WILL
BE USED IN THE
INITIAL
PHASE OF
CLINICAL
TRIAL
PROPRAN RATHER THAN NORMAL VOLUNTEERS
FOR
EXAMPLE FOR EVALUATION
CI
RELATIVELY TOXIC DRUG IN CANCER
EHEMOTHERAPY WE
WOULD RISE PATIENTS
WITH
ADVANCED DISEASE
SIMILARLY
IN

PHYSICIANS

IN

THEY

MAY

ELSIPLOYCES

SWDIES

ORTIG

WILL

BE

INCLRIDING

REVIEWED

BY THE RESEARCH
PHARMACOLOGY
LOOSELEAF
NOTEBOOK FOR

EHENRISTRY

BE COMPILED
INTO
WHEN THEY EXPRESS

AN

DRUG AS THE INFORMATION
IS
ACCUMUILATED
BOOK UNDER ABE PROPER SECTION
ASSUME THAT WE HAVE EVIDENCE

INTEREST

IN

ADDITIRNAL

THIS

FURTHER
PAGES

THAT
THE NEW DRUG HAS NOT
CAUSED SERIOUS SIDE EFFECTS
IN SUBJECTS OR
ABC WE HAVE FOSIND THE
PATIENTS
DRUG TO BE CALLABLE OF PRODUCING IN
MAN THE SAME DESIRABLE PHARMACOLOGIC
CHANGES OBSERVED IN ANIMALS
WE ARE
READY TO UNDERTAKE
LIMITED NUMBER
OF STUDIES TO
DEMONSTRATE FURTHER EVIDENCE
OF THERAPEUTIC
EFFECTIVENESS
FOR
THESE STUDIES THE

NO

PLRYSIEIANMONITOR

TO

HAVE AN INTEREST

WITH

THEM
AFTER

THEY

IN

THE

DISEASE

MAY

SELECT

FOUR

UNDER STUDY

THE

HAVE ALSO ACCUMULATED
SOME EXPERIENCE

OR

LIVE

DRUG

WITH

CLINICIANS

KNOWN

WOULD BE

PLACED

THE

NEW SUBSTANCE

NEW YORK

ANNALS

500

SCIENCES

OF

ACADCMNY

CHICAGO WITH
WHO HAVE PAR
HE CURNBHTED EFFORT OF THIS GROUP WOULD BE
IN
THC PREL INILNARY
FTUDY
TICIPATCD
GUIDELIOCS
AND
FOR FURRHCR STUDIES AT THIS SEMINAR
THE
TO
BEAR
ON
4CSIGN
BROUGHT
THE CLINICAL
TRIAL ESNPHA
GROUND IULCS WOULD BE SPELLED OUT FOR THE NEXT PHASE OF
SS POW WOULD BE PLACED ON THE KINDS OF TESTS AND THE NATURE OF THE OBSERVATIONS
CONCERENCE

WE WOULD SPONSOR

REQUIRED

TO ESTABLISH

VITRO TESTING

TIGUINSI

STAGE
DATA

COLLECT

SUCH

AS

OF CSRGANISMS

DESIRABLE

IS

IT

TO

LIMIT

TO

THE SCOPE

SEVERAL MAJOR CLAMS
IN
SHOWN TO HAVE ACTIVITY
AND
BOTH THE GRAMPOSITIVE

SUPPORT

ANTIBIOTIC

AN

TO

NVMHER

IT

THIS

ONLY TO
EVALUATE

PROGRAM MID UTTEFFIPT
FOR EXAMPLE IF WE WERE

LOCATION

UND THE INVESTIGATORS

STAFF

AT

ETLECTIVENESS

OF THC

IN

CENTRAL

IN

RESEARCH

OF THE LILLY

REPRESENTATIVES

IN

THERE IS EVIDENCE
AND IF FOLLOWING ORAL ADSRZNSTRATION
TO TREAT
THAT THE SUBSTANCE IS WELL ABSORBED WE WOULD FIRST PLAN TO LIMIT ITS USE
TRACT AND
INEPT OF INFECTIONS
IN THE UPPER AND LOWER RESPIRATORY TRACTS URINARY
TRIAL
WE WOULD NOT EXPECT TO BE
THUS AT THIS STAGE IN THE CLINICAL
SOFT TISSUES

GRAMNEGATIVE CATEGORIES

ABLE

TO ESTABLISH

FOR EFFECTIVENESS

CLAIM

IN

DISEASES

SUCH

AS

ENDO

BACTERIAL

ME

TO GIVE
ALL
TO DATE
THE

PROMPTLY TO MI
WAS OFTEN IMPE
WERE RECEIVED
SCALE

CLINICAL

THREE

WEEKS

HOWEVER WHEY
HAVE

FOLLOWING

USE

BETWEEN THE

RESEARCH

STALL

OF

AND THE

INDUSTRY

FORMS FOR CASE REPORTS THAT WOULD INCHTRLC
THE
OF DIAGNOSES
RECOMMENDATION AND ESTABLISHMENT

WE WOSILD

PREPARE

ALSO HAS

IN

PERFORM

TO CS
BY INDUST

NECESSARY
DRUGS

PROGRAMS HOWEVER THE PARTICIPATION
OF THE RESEARCH PLAN HAS MADE THE USC OF

PRESENTS

OF

SEVERAL INVESTIGATORS

STANDARD
JOIN

TO THE DATAPROCESSING

FORMS

REPORT

IN THE

THE

IRS

DESIGN

ACCEPTABLE

TO OTHER INVESTIGATORS

SECOND STAGE OF OUR CLINICAL

WHEN THEY

ALE INVITED

TO

TRIAL
AND TBE DEVELOPMENT OF THE
CLINICAL
OF THE PRELIMINARY
DEVELOP
THE PHARINACETITICAL
MASTER PLAN FOR THE SECOND PHASE OF THE EVALUATION
SATISFACTORY
MENT AND CONTROL LABORATORIES WILL BE EXPECTED TO HAVE ESTABLISHED

FORMULATION

AND

SET

UP

SPECILICATIONIS

FOR

MAXIMUM
ASSURING
BOTTLE
OF MEDICINE

IN

UNIFORMITY

WILL BEAR
DATE
EACH
TRIAL
PERIOD THE
AFTER
WHICH THE MATERIAL SHOULD NOT BE USED IN THE CLINICAL
MAXIMUM EXPIRATION DATE SHOULD BE NO MORE THAN SIX MONTHS WHEN MATERIAL
IS
CAN BE EXTENDED BY THE MANUFACTURER IF THERE HAS BEEN
REASSAYED THE SLATING

MATERIAL

NO

TO

BE USED

IN

THE

TRIAL

CLINICAL

WE

UNIFORM POTENCY
USING
CLINICAL
TRIAL
AN APPARENTLY MINOR DETAIL SUEB AS ASICRONSA
AND COMPOSITION
IN
OF DISTRIBUTION
OF ACTIVE DRUG
IN5 THE INGREDIENTS
MAY IMPROVE THE UNIFORMITY
VALUE TO EXPEND
II
IS
OF LITTLE
WHEN FILLED
INTO CAPSULES OR IN FORMING TAHIETS
MATERIAL

CAREFULLY CONTROLLED

OF

CLINICAL

TRIALS

IF

THERE

IS

ON CARRYING OUT VERY
FORMS USED THE MANS
IN THE COMPOSITION OF THE PBARMACEUIICAL
STUDIES AND THE SUPPORTING
FACTURER MAY SPEND LARGE SUMS ON SUPPORT FOR CLINICAL
PREPARA
RESEARCH BUT UNLESS ADEQUATE ATTENTION IS GIVEN TO THE PHARMACEUTICAL
TION OF MATERIAL
THE VARIATION
IN
RESULTS ARISING FROM THE DIFFERENCE IN MATERIAL
GREAT

EFFORT

GREAT VARIATION

DIFFERENCE OF OPINION
AMONG INVESTIGATORS
MAY BE RESPONSIBLE FOR
EFFECTIVENESS OF THE NEW DRUG ALL OF THE INFORMATION
REGARDING
FOR

CLINICAL

TRIAL

ARE SUBMITTED
INVESTIGATIONAL

AS THE

AS WELL AS PLANS

MATERIAL

TO THE

FDA

NEW DRUG

INVESTI

AS

PART OF THE

FOR THE

STUDY INCLUDING

CONTINUING

PROCESS

REGARDING

SATI

BEEN

THAT

ALL

REPORT

FORMS

OF UPDATING

THE

WAY AND CASE REPORTS ARE RECEIVED

IS

POSSI

CAN
OMOX
TO DENY

TESTS

INDUSTRY

TECH

IN

JN

SONIC

PERFORMED

IN

TIC

ANALGESTO

TOLOGY
OFFICE

PRACTICE
TINDER

IS

PHASE ILL INVEST
AND WE ROUST DL
BE EMPLOYED
MEDICINE
IT
OR

ASKED

IS

AT

CLINIC

THE

EACH TIME
IS

NOT

TO

IN

IF

BE

ILTO

REDUCE

CAN

TLT

AW4

STUDIES

SYMPTOMS

BIAS

SOMETIMES DITTO
INADVERTENTLY

NIT

USED

BEING

CON SIDE RA
CONTROL
TABLETS

BE

IT

PREAL

OPINION

WILL
IT

HAS

TO

VARIATION

THE

SPECIFICATIONS

APPLICATION

GETS TINDER

HAS

PATIENT

CHANGE IN POTENCY
MUST EMPHASIZE THE IMPORTANCE

SIGNIFICANT

FDA

STUDIES

IN

DURING THE TIME

TECHNIC

CAUSE THE

PROGRAM

TRIAL

TE

LABORATORY

ERROR IN

NOT LEND THEMSELVES

PROLIFC

SUMNA

PROVIDE

NEEDED FOR DOSAGE
PROPOSED STUDY ALSO WOULD BE PROGRATTMED FOR DATA PROCESSING
AND HAS BEEN
THE NECESSITY TO USE REPORT FONRIS HAS CREATED SOME IRRITATION
FORMERLY IT WAS CUSTOMARY TO PERMIT EACH
PROBLEM WITH SONIC INVESTIGATORS
TIARA COLLECTED IN THIS MANNER DID
TO REPORT HIS DATA US LIE WISHED
INVESTIGATOR

DATA

OF

WHEN
THE NEW DRUT
ACCURACY

THE

CONFERENCE

THIS

SEVERAL INVESTIGATORS

ACCEPTED

BY

OR OSTEOMYCLITIS

EARDITIS

III

RATHER
OR

CO

AN ACTL

BETWEEN ACTISC

KOHLSTAEDT
CHICAGO WITH

NE

WHO HAVE PAR
ROUP WOULD BE

TO

THE SCOPE

MAJOR CLAIMS

TI

AVE ACTIVITY

AND

SERE

IS

EVIDENCE

TS USE TO TREAT

AND
BE

TRACT

NARY

TO

ST

BACTERIAL

ENDO

AND

DUSTRY

THE

WOULD INCLUDE
LIAGNOSES

RAND HAS BEEN
LO PERMIT

SE

EACH

MANNER DID

HIS

PARTICIPATION

JADE

THE USE OF

ARE INVITED

TO

INVESTIG
OCCURRENCE

REPORTS
OF

SCALE

CLINICAL

THREE

WEEKS

TRIAL

HAVE ACCEPTED

DEVELOP

SATISFACTORY
IN
UNIFORNSITY
GILL BEAR
DATE

ML PERIOD THE

WHEN

MATERIAL

THERE HAS

AIFORM
AS
OF

BEEN

POTENCY

MIERONIZ

ACTIVE

ILTIE

TO

LALS

IF

DRUG
EXPEND

THERE

RD THE

IS

MANU

THE SUPPORTING
UTICAL

PREPARA

SEE

MATERIAL

IN

REGARDING

THE

SPECIFICATIONS
REPORT

FORMS

UPDATING

VED

IT

THE

TO

INTERVALS

EXPERIENCE

THE

USE OF

ALSO

ON

RESULTS

CAN

HE

OF

TH

STUDY

COMMUNIC

DATAPROCESSING EQUIPMENT

CLINICAL

TRIAL

UNTIL

ALL

THE

IT

REPORTS

BY THE PHYSIEIANRNONITOR
TODAY EVEN IN
LARGE
PROGRAM WE ARE ABLE TO HAVE
PRINTOUT OF ALL THE DATA
EVEJY
FEW INVESTIGATORS HAVE
OBJECTED

THE

OF

THE TASK

OF

REPORTING

TH

SYSTEM

EACH

CASE

TO

ARE
AS

PREPARING

DETAILED

MADE KNOWN
THE

TO

REPORTS

THEM

THEY

SUNN

CLINICAL

UTICA

FREQ

ANY ADVERSE

SOI

INDUSTRY

TREATMENT IS COMPLETED
BY USE OF DATAPROCESSING
RNETHODS WE CAN ASCERTAIN
WITH
CONSIDERABLE
ACCURACY WHEN WE HAVE ACCUMULATED SUFFICIENT
DATA TO UNDERTAKE
OF
PREPARATION
THE NEW LRUG APPLICATION
THE WORK ENTAILED IN
PREPARATION
OF THIS DOCUMENT
ALSO HAS
PROLIFERATED
THE MANUFACTURER IS EXPECTED TO
ASSEMBLE
ALL
DATA AND
PROVIDE
OF EACH SECTION OF THE
APPLICATION
ANY AHUORINALITIES FOUND
IN LABORATORY
TESTS MUST BE ISOLATED
AND ATTENTION CALLED LO THEM
THE PERFORMAN OF LABORATORY TESTS OF
CERTAIN ORGAN FUNCTIONS
WHICH ARE
NECESSARY TO ESTABLISH UAFETY
PRESENTS
MAJOR PROBLEM FOR EVALUATION
OF NEW
DRUGS BY INDUSTRY
IF
LABORATORY PERFORMS TESTS IN
CARELESS FASHION
OR IF AN
ERROR IN TECHNIC OCCURS DATA WILL
APPEAR IN THE NEW DRUG APPLICATION
THAT
CAUSE THE FDA TO CONSIDER
MAY
THE APPLICATION
AND REQUEST ADDITIONAL
INCOINPLETE
STUDIES
SATISFACTORY
SOLUTION TO THIS
PROBLEM DOES NOT EXIST
ONE PROPOSAL
HAS BEETS ITS HAVE THE
SPECIMENS SHIPPED
BY AIR MAIL TO
CENTRAL LABORATORY
SO
THAT AP TESTS CAN BE
PERFORMED IN
UNIFORM MANNER
OBVIOUSLY THIS PROGRAM
PRESENTS
MANY DIFFICULTIES
AND OBSTACLES
ADDITIONAL
EXPERIENCE
MAY CNAL
INDUSTRY TO DEVELOP
PROCEDURE FOR OVERCOMING PROBLEMS
SUCH AS THOSE DUE TO
VARIATION
IN TECHNIC IN
IN

LOPMCNT OF THE

AT

FOR

AND TABULATED

HOWEVER WHEN

IN

RNPOSITIVE

THE

WERE RECEIVED

HE OBSERVATIONS
LIMIT

DATE

ALL

STUDIES

THE STATUS OF

EMPHA

TRIAL

GIVE

PROMPTLY TO 311 INVESTIGATORS
PRIOR
WAS OFTEN IMPOSSIBLE
TO KNOW

AND

GUIDELINES

TO

DRUG

SONIC

PERFORMED IN
TRILOGY

LABORATORIES

SUFLICIENT
HOSPITALS

ANALGESICS

BUT

FOR

OR

DATA CAN BE
OBTAINED
FROM THE CLINICAL
TRIAL
ONSC DRUGS SUCH
MATERIALS
FOR OSE IN DERNIA

ANY ANTIHYPERRESSAIV
DRUGS THAT WILL
ULTIMATELY
BE USED IN
ESSENTIAL TO HAVE
PERIOD OF CLINIEAL
TRIAL IN
WHICH THC DRUG
THIS
TYPE OF STUDY HAS BEEN DESIGNATED
AS
PHASE LII INVESTIGATION
OBVIOUSLY SHE USE OF THE DRUG CANNOT BE WELT CONTROLLED
AND WE MUST DEPEND
ON THE PATIENT TO FOLLOW INSTRUCTIONS
ONE SAFEGUARD CAN
BE EMPLOYCUI
TO ASCERTAIN WHETHER
THE PATIENT
HAS TAKEN ALL OF THE
MEDICINE
PRESCRIBED
SMALL EXCESS OF TABLETS OR
CAPSULES IS PLACED
IN
BOTTLE AND THE
PATIENT IS ASKED TO BRING THE
CONTAINER
OF THE MEDICINE TO THE
PHYSICIANS
OFFICE
OR ELINIC
AT THE NEXT VISIT
THE NUMBER OF TABLETS OR
CAPSULES IS CAREFULLY COUNTED
EACH TIME
IF DOSES HAVE BEEN
MISSED TCO MANY TABLETS WILL BE JOFT THE
IS
NOT TO BE AWARE THAT HIS
PATIENT
IS
COOPERATION
BEING CHECKED EACH TIME
IN STUDIES
FOR EFFECTIVENESS
ESPECIALLY
WHEN THE ONLY CRITERION IS RELIEF OF
SYMPTOMS THE DOUHLEBLINRS
TECHNIE IS NREDED IN
MANY INSTANCES THIS PROCEDURE
CAN REDUCE BIAS
IT SHOULD
HE NOTED
HOWEVER THAT DESPITE OUR BEST EFFORT IT IS
SOMETIJUSES DITLIEULT
TO BE SUIRE THAT NEITHER
THE PATIENT NOR THE
PHYSICIAN
HAS BEEN
NSADE AWARE OF
INADVERTENTLY
WHEN
PLACEBO
OR WHCN THE ACTIVE
MEDICINE
IS
BEING USED
OFFICE
IS

PRACTICE

USED

IT

UNDER THESE CONDITIONS

CONSIDERABLE

CONTROVERSY HAS SURROUNDED THE USE OF THE
PLACEBO IN OUR
GREAT DEAL OF USEFUL
INTORRNATION
CAUS BE OBTAINED
IF WE USE
CONTROL
RATHER THAN
POSITIVE
BLANK ONE TECHNIC IS TO PROVIDE THE
PATIENTS
TABLETS OR
WITH TWO
CAPSULES FOR EACH DOSE
THEY NEED NOT BE SIMILAR IN APPEARANCE ONE
WILL
HE AN ACTIVE
DRUG AND THE SECOND WILL BE
PLACEBO
BUS WE CAN ALTERNATE
BETWEEN ACTIVE DRUGS WITHOUT THE
PATIENT
OR PHYSICIANS
BEING
AWARE OF THE

OPINION

RR

CO

ANNALS

502
CHANGE

THAT ARE UNLIKE
IT

IS

PLACEBO

IN

ADVISABLE

HAVE

TO

THIS

DRUG EFFECTS

WE HOPE

THAT

IF

FOR

STUDIES

CONDUCTED AEENRDIO

POSSIBLE

IT

THEIR

PREPARATIONS

DRUG

MARKETED PREPARATIONS
TO COMPARE TWO
DOUBLEBLIND TECHNIC
AND STILL EMPLOY
AND TWO
THE 5C OF TWO ACTIVE DRUGS
LAPSE BETWEEN
OF THE
ERIOD
WASHOUT
PROCEDURE PROVIDES FOR

MAKES

TECHNIC

THIS

OF SCIENCES

NEW YORK ACADEMY

TO THE

DRUG EVALUATION

PLAN

WITH

ARE CAREFULLY

ASSURALKE

OF

HIGH

DCIGNCD

AND THEN

OF MATERIALS
QUALITY
BE SHORTENED

TRIAL MAY
OF THE CLINICAL
DURATION
EMPLOYED PERHAPS THE
WE ARE OF THE ORINION THAT
ON DRUG EVALUATION
TRAINED
LARGE 50MM ARE BEING SPENT
NUMBER
OF ADEQUATELY
THE
INCREASE
PROBLEM IS TO
OUR MOST PRC5SIFL
INDIVIDUALS
BECOMES
OF
THC
WHEN
GREATER NUMBER
CLINICAL

PHARMACOLOKTISTS
HE POSSIBLE
IT
WILL
AVAILABLE

TO

IMPROVE THE FFIEIENCY

OF

THE

INDUSTRY

IN

THE

IT

PMOBRBI
IN

FOCTIS

FACLGATHERINP
TO

DRSTGTCIAL

IS

CJII
THE

PROGRAMS

AND

LEGAL

BELIEVE

DEMAND

FOR

KY

IIRP‰

REGULATIONS
TO

IHC

THE

SOURCES

NIH

JIM

SUPPC

DEMIC INSTITO TIC
THAT HAD BEEN CY
THE PROXIRUILY

WERE

SUDDENLY
WITH

ECLUMILIL

BEFORE

FOR PHARIN
IK

IMPLICATIUOS

AND WERE

RICA

IIOFLL

RELATIVELY

HA

TESTS

TOMEITY
JUTO THE

ARRANGING
OR

BILITY

FOR

WILL

WAS NECESSARY
TO BE DONE SOT
TO

SATISFY

LUTORY

TB

AGENCY

HAD ELAPSED

EQ

GETICRALLY

FORMERLY

SIN

THE ITO PAC
TAPE ABOUT
AND
TIONSHIP
PEW DRUG REQ

ON THE CI
LESSLY

OR

CR111

DCVELOPTLWTT

AS FOUND TBC
TIMES
WLSAT
AS

BE

WERE

SIMPLY

TODAY BY

EW

WVX

HR

2R

TH

CO

TABLE

OF CONTENTS
PAGE

TABLE

OF AUTHORITIES

STATEMENT

OF ISSUES

INTRODUCTORY
FACTS

RELEVANT

PRESENTED

STATEMENT
TO

ISSUES

PRESENTED

ARGUMENT
CONCLUSION
ADDENDUM

11
CONTAINING

RELEVANT

STATUTORY

PROVISIONS

12

TABLE

OF

AUTHORITIES

CO
C4

PAGE

CASES

VGUNN

FURNITURE

CO

79

SUPP

CO

MINK

PARKE DAVIS
MICH COURT OF
NO 26D4 NOV 21 1966
XPPEAIS
LEAVE TO APPEAL DENIED
379 MICA 773
CERT DENIED
392 US 934
1968
OT JUSTICES
WE 334

OPINION

95

SHENANDOAH LIME
80 SE 753

CO

211

MASS

1967
10

605

GOVERNOR

115

VA

865

CONSTTTUTIONS

STATES

UNITED

THIRTEENTH

AMENDMENT

FOURTEENTH

ANENDMENT

STATUTES
MICHIGAN
1935

PA

210

MCLA 800JOI

ET SEQ

1953

PA

232

MOLA 791201

ET

SEQ

1968

PA

15

MCLA 800321

ET

SEQ

MISCELLANEOUS
4I
OAG

AM

JUR

194142

PRISONS
NO

21939

PRISONERS

903

443

II

STATE

DID

THE

FOR

SU1V24ARY

HAVE

01

DISTRICT

COURT ERR

JUIJGMENT

NO STANDING

CONVICTS

ISSUES

WITHIN

THE

DISTRICT

THE

APPELLANTS

THE

APPELLEES

ON THE

TO RECOVER
THE CONFINES

COURT

ANSWERED

SAY
SAY

II

II

PRESENTED FOR REVIEW

IN

ORANTINO

GROUWD THAT

DEFENDANTS

MOTION

THE PLAINTIFFS

WAGES FOR WORK PERFORMED AS
OF

STATE

PRISON

STATES

UNITED
FOR

THE

COURT

SIXTH

OF

APPEALS

CIRCUIT

CO
LII

NO 711170

SIMS

RICHARD ALLEN FRANK ROGERS BILLY
LEE
WALTER LEE BOYD SLAGER PETER GEORGE MILLS
LEE
WAIFLR CLEMONT DEDEAUX ORNEILL VILBURN WILLIAM
FREFL HOLNACWL
CLEARY HERBERT WILLIAMS
BENNY SPELLS
ORCEAN DAVIS JERRY
INMAN RAYMOND
BAILEY
THOMAS
MACK BOYD
LORD RALPH WATSON CHESTER
PHILLIP
VERNON
RALPH
SAWICKI
MCGHEE
4EVIS
PAUL ROSS HERMAN UZAD GERALD
WARNER RONALD
LONNIE PAYNE
NORMAN PAUL MILLER THOMAS
MULLIGAN
ROBERT MASON GAYLORD
ESPICH AND
MARSHALL
CALVIN

WILLIAMS

PLAINTIFTH

CO

APPELLANTS

CO

DAVIS
MTCHT CORPORATION THE UPJOHN
DELAWARE CORPORATION
DEPARTMENT
OF CORRECTIONS
OF THE
STATE OF MICHIGAN
ELEANOR HUIZEL
JAMES
WADSWORTH
ERNEST
BROOKS MAX ETHER
PARLEY JOHN
RICE
DUAFLE
WATERS FLORENCE CRANE JOSEPH
ROBERT
GROSS
COTTON AND GUS HARRISON
PARFL

CS

DEFENDANTSAPPELLEES

APPEAL FROM THE

DISTRICT

COURT

FOR THE EASTERN DISTRICT

OF TEE UNITED
OF MICHIGAN

SOUTHERN DIVISION

BRIEF
FOR ATTORNEY GENERAL
OF THE STATE OF MICHIGAN

STATES

STATEMENT

INTRODTJCIYORY

THIS
OF MICHIGAN

BRIEF

ON BEHALF

BY ORDER OF THE
THESE

DEFENDANTS
TEN

MICHIGAN
CORRECTIONS

IT

OF THE

THE

ADEQUATELY

STATE

THAT

OF THE

COMPANY

THE

CONTAINED

IN

MEMBERS

AS

IN

THEIR

TN PARTICULAR
OF THE

OF THE

OFFICIAL

STATE

AS PARTIES

STATE

OF

MICHIGAN

DIRECTOR OF THE DEPARTMENT

THE

HAVE

WILL
THIS

ONLY
ISSUE

RAISED

IS

BY APPELLEES

BRIEFS

FIVE

ADDRESS

OR

CAPACITIES

THE

IN

FOURTH

BECAUSE

AS

THEIR

ISSUE

BRIEF

AND DISPOSITIVE
THE

OTHER

COMPANY

HEREBY

ADOPTS

AND PARKE

BUT

BECAUSE
OF

ISSUES

UPJOHN COWPANY AND PARKE

THEREFORE

OF UPJOHN

ISSUES

CONTROLLING

AND ALSO

ATTORNEY GENERAL
THE

1969

THE

OFF

OF MICHIGAN

APPELLANTS

ADDRESSED

IS

OF CORRECTIONS

WHO SERVED
AND

WHO WERE ADDED

ON NOVEMBER

DEPARTMENT

OR WHOM ACTED

GENERAL

BELIEVED

CLAIM

THE

ATTORNEY GENERAL

DEFENDANTS

JUDGE

APPELLANTS

ATTORNEY
IS

DISTRICT
ARE

BY THE

OF THE

INDIVIDUALS

ALL

THE
THE

FILED

COMMISSION

CORRECTIONS
OFFICERS

IS

THE

DAVIS

ARE

DAVIS
ARGUMENTS

COMPANY

FACTS RELEVANT TO THE
ISSUES
PRESENTED FOR REVIEW

PLAINTIFFS
THE

STATE

THE STATE

OF MICHIGAN

MCLA 791201
1953

PA

MICHIGAN

SEQ

ET

232

TO APPOINT

DIRECTOR

OFFICER

ADMINISTRATIVE
COMMISSION

FOR

COMMISSION

BY STATUTE

THE

SECTION

IN

OF THE

EXERCISE

AND

IS

210

BUILDINGS

MACHINERY

BE NECESSARY

TO PROVIDE

FOR THE

SECTION

OF PRISONERS
SISTENT
MENT AND

CONFINED

AS
IN

WITH THE PENAL
WITH THE PUBLIC

210

FULLY

AS

PT

IS

THE

DUTY
FOR

PRACTICABLE
OF THIS

TO THE

AUTHORIZES

OF THIS

IMPOSES

CHIEF

TO THE

STATE
OF

AND

ERECT EQUIP
WHICH MAY

AND EQUIPMENT

AND REFORMATORY PURPOSES
ECONOMY

QUALIFIED

USE PURCHASE

BOILERS

THE PRISONS

OF

IS

ASSIGNED

EMPLOYMENT OF PRISON

PA

232

PA

RESPONSIBLE

800301

OR PENAL INSTITUTIONS

OF 1935

TO PROVIDE

COMMISSION

MOLA

COMMISSION

JURIS

THE

WHO

OF CORRECTIONS

IN

THIS

EMPOWERED BY SECTION

COMMISSION

PA

LAWS AT

TERMS

1953

DIRECTOR

AND MAINTAIN

PRISONS

UNDER

IS

THE

STATE

STATE

MICHIGAN

OR POWERS AND DUTIES

OF 1935

PRISON

JACKSON

CORRECTIONS
IS

THE

PRISON

PENOLOGY

EMPOWERS THE

SEVERAL

OF

COMMISSION

THE

AT

UNDER

TO SERVE

PRISONS

DEPARTMENT

AND EXPERIENCE

BY TRAINING

OF CRIMES

AND WERE SENTENCED

WELL AS OTHER STATE

AS

OF THE

CONVICTED

DULY

OF SOUTHERN MICHIGAN

PRISON

INSTITUTION
DICTION

WERE

LABOR

IN

THE

STATE

UPON THE PRISON
THE
IN

EMPLOYMENT
TASKS

THEIR

CON

IMPRISON

PROHIBITIONS

ON THE

USE

OF PRISON

LABOR

ARE

IMPOSED

BY

CO

SECTION

OF

HIBITIONS

CONTAINED

THEREIN

EFFECTIVE

APRIL

WAS REPEALED

ACT
THE

WAS

AND

PASSED

TO

AND EQUIPMENT
OF INMATE
ALSO

LABOR

WITH CERTAIN

1968

NEW ACT
1968

NEW ACT CONTINUED

COMMISSION

ACT

PA 210

1935

USE

15

PA

THE

CORRECTIONAL

MOLA 800321

SEQ

ET

DUTIES

MAINTAIN

PRO

PRISON INDUSTRIES

1935

THE

POWERS AND
AND

EQUIP

THE

KNOWN AS

FROM THESE

EXEMPTIONS

OF THE

BUILDINGS

ACT

INDUSTRIES
SECTION

STATE

OFF

CORRECTIONS
BOILERS

MACHINERY

WHICH MAY BE NECESSARY TO PROVIDE FOR THE EMPLOYMENT

LABOR

SECTION

CONTAINS

OF PRISON

OF 1968

PROVISIONS

INMATES

PA

L5

REGULATING

SECTION

THE

MOLA

800324

SALE

OF PRODUCTS

THEREOF IN

PERTINENT

THE

NEW

AND

PART

PROVIDES
NOTHING IN

THIS ACT SHALL BE DEEMED TO PROHIBIT
OF ARTICLES
MADE BY INMATES
FOR THE
PERSONAL BENEFIT OF THEMSELVES
OR THEIR
DEPENDENTS OR
THE PAYMENT TO INMATES
FOR PERSONAL SERVICES
RENDERED
IN THE PENAL INSTITUTIONS
TO REGULATIONS
SUBJECT
APPROVED BY THE CORRECTIONS
COMMISSION
THE

SALE

SECTION
THE

MENT

OF 1968

FORMER PRISON

COMMISSION

SHALL

OF INMATES

PURPOSES

OF THEIR

AT RETAIL

PA

INDUSTRIES
PROVIDE

IN

TASKS

IT

15

ACT PROVIDES

AS FULLY

CONSISTENT

IMPRISONMENT

SUPRA CONTINUING
THAT

THE

AS PRACTICABLE

WITH

AND WITH

THE PENAL
THE

PUBLIC

THE

POLICY

OF

CORRECTIONS

FOR THE
AND

EMPLOY

REHABILITATIVE

ECONOMY

IN

1963

NOVEMBER

THE

MICHIGAN

OF CORRECTIONS

DEPARTMENT

CO

ENTERED

INTO

WITH UPJOHN COMPANY AND PARKE

AGREEMENTS

PURSUANT

TO WHICH

THESE

CLINICAL

RESEARCH

BUILDING

AT

JACKSON

OF THE

PROPERTY
THE

MICHIGAN

THE

EFFECTS

UPON

PARTIES

IN

CLINICS
THE

FACILITY

TASKS
THE

CLINIC

EVERY
BY
AND

WITH

PRISON

ARE

RECEIVED

AND

IN

TESTS

TO TASKS

TO DETENNINE

THE

ARE

BY PRISON

HOURS

THE

LAUNDRY

INMATES

AN

WHO

THE

IS

OF

OF INMATES

TO

WHICH

MAKES

ALSO

THE PRISON
HOSPITAL

CONFINES

OR THE

MADE

OF THE
AT THE
DIRECTOR

BY PRISON

POWER AND AUTHORITY

FLILL

AN INMATE

OF THE

REPAIRS

PRISON

COMMITTEE

DET6RMINATION

REQUEST

ARE NOT

TO PERFORM SERVICES

TO BE WORKED BY INMATES
OFFICIALS

HARMFUL

AND SPECIFIC

PERFORMED WITHIN

CLASSIFICATION

GRANT

AND MINOR

WITHIN

INVOLVES

OPERATION

COMMITTEE

CONDUCTED

AN INDEPENDENT

PRISON

BY INMATES

FACILITY

TO PRISON

ASSIGNMENTS

BY THE

JACKSON

ASSIGNMENTS

CLASSIFI

INDUSTRIES

RESEARCH

ARE BROUGHT

THE

THE

RETAINED

INMATEVOLUNTEERS

MAINTENANCE

OF ROOD IN

INMATES

AT

PRISON

BECAME

DRUG COMPANIES

CONNECTION WITH THE

INCLUDE

CLINICAL

OF WHETHER TO

RETAINED

CLAIMS

STATE

AND POTENTIAL

EFFICACY
THESE

FOR PARTICULAR

REQUESTS

OF TREATMENT
OFFICIALS

OF

SUCH AS

VARIOUS

CONDUCTED

FOR

THE

SERVICES

ARE MADE BY

INMATES

CLINIC

RESEARCH

SERVICES

ASSAGNMENT

PRISON

CLINICAL

PREPARATION

CONNECTED

BUILDINGS

FOR

MATTER

THESE

THESE

STRUCTURES

THESE

PERFORMED VARIOUS

OF THE

THE

INMATEVOLUNTEERS

THIS

CONFINES

AND

OF DRUG PRODUCTS

TESTING

THE

OF MICHIGAN

CLINICAL

THE

WITHIN

COMPANY

TO CONSTRUCT

WERE PERMITTED

UPON COMPLETION

STATE

TO USE

RIGHT

COMPANIES

DAVIS

ON ANY ASSIGNMENT
IS

SUBJECT

TO CALL

AT ANY

TIME

BY INSTITUTIONAL

ALL

TO THE
OTHER

CLINICS

INMATES

REIMBURSE
TO WORK IN

WHO PERFORM SERVICES

INMATES
AND THE

COMPENSATION

THE
THE

COMPENSATION

ARE PAID
PURSUANT
STATE

OFFICIALS

FOR

CLINICS

AMOUNTS

PAID

TO THOSE

COMMENSURATE

TQ AGREEMENT
THE

AT THE

AMOUNT

PAID

RECEIVE

WHO ARE ASSIGNED

WITH

HOWEVER

PRISON

THOSE

THE

TO INMATES

PAID

TO

DRUG COMPANIES

WHO ARE ASSIGNED

ARGUMENT

PLAINTIFFS

TIYE

NO STANDING

HAVE

OR QUANTUM MERRJIT

MTNTMIJM

BY THEM AS CONVICTS

TO RECOVER

WAGES FOR

WITHIN

STATUTORY

WORK PERFORMED

THE CONFINES

OF

STATE

PRISON

STATUTES

MICHIGAN
OF THE

210

CORRECTIONAL

INMATES

IN

OR THEIR

PURPOSES

LABOR

PERFORM
NOT

PRISON
THE

TRUE

HELD

OF THE

IN

4I

TREATMENT
HAS

IS

IN

BEEN

OF THE PRISONER

753

AM

JUR

PENAL

THE

REQUIREMENT

PRISONS

THEIR

KEEPING

SAID
THE

BUT

THE

SENTENCE
SUCH

EXPENSE

605

HEALTH

PRISONERS

AS JUSTIFIABLE
MEANS
AND

OF ENFORCING

WELLBEING

98

334

NE

TEACH

FOR VIOLATION
IS

OF MAINTAINING

CO

OF

903

HIM

IN

OF CRIMINAL

JUSTIFIABLE
SUPPORT

GOVERNOR

EMPLOYMENT
USEFUL

HUMANITARIANISM

EMPLOYMENT

SHENANDOAH LIME

THAT

MAY BE UNCOMPENSATED

WITH INTELLIGENT

THAT

AS

HEALTH

MASS

INS

PA

REHABILITATIVE

AND PRISONERS

211

TO CONSERVE

AND

AND 1935

OF PRISON

EMPLOYMENT

RECOGNIZED

SERVICES

OF JUSTICES

SERVES

MEANS OF DEFRAYING

BO SR

THE

IS

ENACTMENT

15 SUPRA

PA

THE

OF MAINTAINING

OF PERSONS UNDER

ALSO

1968

FOR

CONFINEMENT

THOUGH

QPJNION

TRADE AND

IT

AND

EVEN

INMATE

IN

TO THE

SUBSEQUENT

THE PURPOSE OF PUNISHMENT

DISCIPLINE

IS

WITH

IMPRISONMENT

WHILE

PRISONERS

THIS
AS

FOR

ONLY

PROVIDE

CONSISTENT

TASKS

ACT

INDUSTRIES

SUPRA SPECIFICALLY

AND

PRIOR

115

THE

LAW

AS

AND CUSTODY

VA

86

AS STATED
IT

IN

4I

AM

JUR

PRISONS

27

AND PRISONERS

903

THE

REQUIREMENT
OF LABOR IS REGARDED IN MANY WAYS
VALUABLE ADDITION
TO THE FORCES OF LAW AND ORDER
TTS IMPOSITION
IS NEITHER CRUEL NOR UNUSUAL
IT
OPERATES WHEN RIGHTLY
REGULATED AS
MITIGATION
RATHER THAN AN AGGRAVATION OF THE PUNISHMENT INVOLVED
IN IMPRISONMENT
AND IS NOT OF ITSELF
DISGRACEFUL
OR
DEGRADING
BUT ON THE CONTRARY IS BENEFICIAL AND
AS

HUMANE
THUS
FOR

SERVICES

PERFORMED

HURNAHITARIAN
HAS

ITS

VISIONS

PRIVILEGE

ARE

MADE BY THE

STATE

BETWEEN STATE

79

SUPP

110

THE

STATE

AND

AS

VE

LOST

THEIR

1948

RIGHT

TO LIBERTY

OF ANY

THE

NOT

FACT

BE USED
TO THE

IN

CONVICTION

AND THE

AN ADDITIONAL

WHICH
THAT

OF

PRO
THE

EMPLOYER

GUNN FURNITURE

INMATES
OF

RIGHT

SUCH

STATUS

TURN

IN

TO ELEVATE

HUNTLEY

OF PRISON

THIRTEENTH

PERMISSIBLE

ARGUE THAT

REQUIREMENT THAT

OF THEIR

PUNISHMENT
AS

REWARD

INMATES

TO

BELONGS

CRIME

TO THE

THEY

FRUITS

OF

LABOR

VIOLATION
THE

SERVES

AND

OUT

LABOR

OF THEIR

ALTHOUGH APPELLANTS
INMATES

WHICH

AND PRISONER

THE

RESULT

TO COMPENSATE

BUT

SHOULD

AS POINTED

RELATIONSHIP

STATE

DIGNITY

EFFECT

OWN REHABILITATIVE

EMPLOYEE

THEIR

IS

OF THE

PURPOSE OF ADDING

RELATIONSHIP

GO

WILLIN

THE

THIRTEENTH

AMENDMENT CLEARLY
FOR

CRIME
THIS

FOR

IMPOSITION

THEY PERFORM SERVICES
AND

UPON PRISON
CONSTITUTES

FOURTEENTH AMENDMENT

REGARDS

WHICH

AMENDMENT

THE

INVOLUNTARY

PERSON HAS BEEN

RIGHTS

SERVITUDE
DULY

CONVICTED

STATES

NEITHER
SLAVERY NOR INVOLUNTARY
SERVITUDE
2SPPP
AS
FOR CRIME WHEREOF THE PARTY
BEEN DULY CONVICTED
SHALL EXIST
WITHIN
THE UNITED
OR ANY PLACE SUBJECT
TO THEIR
JURISDICTION

RUNI

EMPHASIS

ADDED

AS

IIII

STATES

BASE

APPELLANTS

THIS

ENTITLED

IS

PRISONER

ASSUMPTION

LIMIT

THE

WITH

USE

THIS

WAS ENACTED
FROM ANY

TO THE

THAT

PRISON

LABOR

ON THE

USE OF PRISON

THE

IN

IT

IS

ACT

AND WAS NEVER
THE

ESTABLISHED
HAS

BEEN

LABOR

FOR

IS

CLEARLY
IN

WAS NEVER
INTENDED

BY FEDERAL

SECTION

THE

10

TO GIVE

OF 1935

CLEAR
FOR

FOR

LABOR
PA

IS

21939

BENEFIT

COULD NOT

WITH THE

SERVICES

AND

CLEARLY

DIVERSIFIED
THE

OR

COMPETITION
11

01

INDICATE

TO RECOVER

BY PRISON
PA

THAT

THE

OF FREE

WAGE

PURPOSE

1968

AND SUITABLE

INTERESTS

INMATES

MINIMUM

RATHERITS

SECTION

PRISON

OF PRISON

CAUSE OF ACTION

TO

GOVERNMENT

210

WITHOUT THREATENING

443

CUTRATE PRICES

AT

THE MICHIGAN

FROM POTENTIAL

TO PROVIDE

BARBERS

COMPETITION

THAT
THE

THEIR

STATUTORY PROVISIONS

STATUTES

NO

OF SUCH

COMMUNITY

RISE

OR STATE

FREE

194142

WOULD BE IN

ENACTED

VALUE

HISTORY

INSTITUTION

OF THE

LIMITATION

STATUTORY

INMATE

SUFFER

PERFORMED BY

BY

THAT

WHICH

LABOR

WHICH MIGHT

INDICATED

OAG

O17

DIFFICULTY

OF PRISON

LABOR

OF THE

PURPOSE

THEREFORE QUITE

TO PROTECT

INMATES

THE

THUS

IN

USE

SUPPORT

THE

PRODUCTS OR SERVICES

SERVICES

SHOPS

REASONABLE

BOTH OF THESE
OF SUCH

SUCH

BARBER

ESTABLISHED

EITHER

LABOR

TO OFFICERS

SAID

HE

INDUSTRIES

IS

STATE

THIS

SERVICES

BECAUSE

THIS

OF FREE

BENEFIT

IN

STATUTES

PURPOSES

ON THE

ATTORNEY GENERAL RULED

MICHIGAN

RENDER

THAT

THE

LIMITATION

AND

LABOR

THAT

THEORY

OF MICHIGAN

PROVISIONS

FROM THE

COMPETITION

PROVISIONS

THE

FOR

SOLELY

OF HIS

LABOR FOR CERTAIN

OR PRISON
IS

ON THE

ARGUMENTS

FRUITS

TO THE

POINT

LOGIC

THEIR

15
PURPOSE

EMPLOYMENT
LABOR

OR

THIS

DISCRETION

INDUSTRY

PRIVATE

INTENT

LEGISLATIVE

BY SECTION

OF CORRECTIONS

DEPARTMENT
OF THESE

ON WITHIN

CONSISTS

MAINTAINING

IN

PERFORMING OTHER

KINDS

OF

THE

CONFINES

ANY

CONSTITUTIONAL

THE

WALLS

AND

IN

FEEDING

ARE NORMALLY

WORK ACTIVITIES

AND

PRISONERS

ON WITHIN

CARRIED

OF

NO DEPRIVATION

HAS BEEN

OR STATUTORY

RIGHT

OR ANY PRISONER

MADE

THE

DEPARTMENT

FULFILLMENT

THESE

THERE

BETWEEN

BY THE

MUCH OF THE ACTIVITY

THAT

SERVICES

OF WORK THAT
THUS

IS

THAT

FULFILL

OF CORRECTIONS

PROGRAM ESTABLISHED

DRUG COMPANIES

JANITORIAL

WHICH

DEPARTMENT

BE EMPHASIZED

PRISON

PRISON

ARRANGEMENT

THE

MUST

THE

IN

AND THE

AXID

IT

OBJECTIVES

ARE CARRIED

OF THE

15

PA

OF 2968

VESTED

IS

ACTIVITIES

TO DETERMINE

AT

BY VIRTUE

CORRECTIONS

AND

THE DRUG COMPANIES

AS POINTED

21A

APPELLANTS
THE

THAN

IN

OTHER

THE

THE

PRISON

BY INSTITUTIONAL

ASSIGNMENTS

THE

RESEARCH

INMATES

RECREATIONAL
IN

218A

BY THE

FACILITIES

RECEIVE

MORE FREEDOM

AND

AT

TIMES

GENERALLY ASSIGNMENTS
AUTHORITIES

JUDGE

DEMONSTRATE

CLINICS

ENJOY

DISTRICT

IN

THE

THAT

THE

CONTAINED

INMATES

SOMEWHAT HIGHER
HAVE

BETTER
TO THE

AVAILABLE
FOOD THAN
CLINICS

PLAINTIFFS

FOR

APPENDIX

UNCONTROVERTED STATEMENTS

OF WARDEN KROPP

AFFIDAVIT

SERVICES

OUT

IN

PERFORMING
DAILY

RATES

BETTER
OTHER
ARE

SAME MANNER AS OTHER

INMATES

TREATED

WORK

DESPITE
BETWEEN
BE IN
LII

THE

DEPARTMENT

VIOTHTION

ALLOW THE

OF THIS

WOULD PROVIDE
SUITABLE
ARE
IS

NO DOUBT
BELIEF

42

OF THE

IT

WAS CARRYING

OUT ITS

IN

ESTABLISHING

THIS

AND THE

COUNSEL

APPLICABLE

THE

CASE OF MINK

NOV 21

ARRANGEMENT
ACTION

MICHIGAN

392

IN

IS

STATED

ARGUMENTS

IN

THIS

THAT

THE

STATUTES

FOOTNOTE

THROUGHOUT ALL

CASE NEVER ONCE HAVE
IS

DENIED

379

WHICH AN INMATE

THE

THE

AND

LAWFUL

UNDER

COURT OF APPEALS

TO APPEAL

AND

DUTIES

MICH

LEAVE

ILLEGAL

THE

SAME FOOTNOTE

1966

DECLARED

IN

THERE

THIS

COMPANY

IN

AND

YET

DAVIS

C1968

THAT

AND

CRITERIA

AND

IN

ARRANGEMENT

PARKE

US 934

AN ARRANGEMENT

POLICY

STATUTORY

PROGRAM

WOULD SEEM

AN ARRANGEMENT

THESE

GOOD FAITH

MAY
BY THE

DIVERSIFIED

STATE

IT

ASSERTED

SUCH

AND BY PUBLIC

THAT

THE

DENIED

OF THE

ACTED

BRIEF

THAT

CONCEDED

INTO

REGULAR

THE

OF APPELLANTS

DEFENDANTS

CERT

WITH ADEQUATE

ARRANGEMENT

STATUTE

TO ENTER

BELIEVED

DEPARTMENT

NOT

OF THE

INTERPRETATION

LEGISLATURE

THE

DRUG COMPANIES

IS

POINT

THAT

PLEADINGS

NO 2684

TE

THAT

AND THE

THIS

FOR PRISONERS

BY

RESPONSIBILITIES
ON PAGE

LAW

HONESTLY

PRISONERS

EMPLOYMENT

EFFECT

OF CORRECTIONS

WHERE IT

ESTABLISHED

CULL

FAIR

DEPARTMENT

NATURE

TO THE

OF CORRECTIONS

OT MICHIGAN

QENERAL

ATTORNEY
TO

SUGGESTIONS

COURT

MICH

SOUGHT

OF APPEALS

CITES

1967

773
TO

HAVE

DISCUSSED

THIS

THE

STATING

IT

IS ORDERED THAT THE COMPLAINT
BE AND THE SAME
HEREBY DENIED FOR LACK OF MERITORIOUS
GROUNDS
FOR THE RELICT
SOUGHT
IS

APPELLEES
NENT

DOES

NOT VIOLATE

THEREFORE
APPLICABLE

DO TAKE

THE

MICHIGAN

10

POSITION
STATUTES

THAT

TH ARRANGE

CONCLUSION

SUMMARY IT

IN

UPON THE

IMPOSED
DIRECTOR

THE

IN

TO PERMIT

WITHIN

THE

CONFINES

OR THE

TO ENGAGE IN
AND HAS

PRISON

AND

AS

MINIMUM

NOR ARE THEY

ENTITLED

ON

MERUIT

STATE

BY

FEDERAL

WAGE LAW FOR

TO THE

MAY NOT

THE

REASONABLE

VALUE
VALUE

PRTHG
R6BERT

SOLICITOR

1971

EITHER

STANDARD

OF THEIR
OF THEIR

ACTS

SERVICES
SERVICES

4TTORNEY GENERAL
TATE

OF MI

ATTORNEYS

11

HI

AN

LLK
RENGOSKI
GENERAL

SOLOMON XFENENFE7LD
ASSISTANT
ATTORNEY

11

ENTITLED

SUBMITTED
FRANK

JUNE

IS

IS

BASIS

RESPECTFULLY

DATED

TO

PRISONER

RECOVER

LABOR

HAS

RESEARCH

INMATES

OF MICHIGAN

FAIR

PURPOSES

CAINICAL

CONVICTED

THE PRISONERS

WAGE ESTABLISHED

MICHIGAN

QUANTUM

WORK

THE

EMPLOYMENT

OF CORRECTIONS

ASSI

AS

HAS

AND ITS

PENAL

PROPER

DRUG COMPANIES

TO BE EMPLOYED

THE MINIMUM

WITH

DEPARTMENT

OF THE

OF MICHIGAN

AND SUITABLE

EMPLOYMENT THE

CLINICS

OF HIS

STATE

OF CORRECTIONS

CONSISTENT

THE

FRUITS

THE

DIVERSIFIED

WITHIN

PERFONN SERVICES

TO THE

THE

THAT

DEPARTMENT

STATE

SUCH

AGREED

CLEAR

OF FINDING

OR THE

ESTABLISHING

REQUIRED

MICHIGAN

DUTY

FOR PRISONERS

IS

GENERAL

FOR DEFENDONTSAPPELLEES

800291

CORRECTIONS
LAW

SOLITAR

OF

ONFINERNENT

DULY

SEE

OF KEEPER

SHALL HO THE

IT

DURING

THE TIME

VIEWS WITH THE IN
THE

HOUSE

SI

NY
NUMED

ANY

ELERGYRNA

CLERGYMAN

ES

OF THE

IN

ALL

LIE

YEAS

THE FIRST

SECTI

FIRST

IGLOUS

SECTION

IN

CON

OF THIS

RELIGIOUS

DENOMINA

FACILITIES

FOR INTER

PROVIDED

HOWEVER

OR OTHER PERSONS

THEIR
IN
PROFESSION AND ARE PASTORS
CONGREGATION IN THIS STATE

STANDING

REGUL

OR

URSU

OF SAID PRISON
HAVING THE CO
ITAL
USE WORKHOUSE HOUSE OF CORRECTION II
POOR
OOD AND
FIRST
BE SATISFIED
THAT SUCH CLERGYMEN ARE

KEEPE

AIM

OR JAIL

KEEPER OR OTHER PERSDN

DUTY

FIXED

ACT TO GIVE FREE ACCESS
TION MID TO FURNISH

THAT

MICHL

60

CR4

800292
TROL

COMMENTARIES

PRISONERS

BASED ON TC
GUS BELIE
REV 643 1962

PRIO

REVIEW

HISTORICAL

OF AN

HTIRCH

NOTE

SOURCE

PA1850
CL1871

NO

185

FIT

MAY

CL1897

18

CL1
CLL 929

8190

PRISON

INDUSR

PA1935

NO

2154
1832
17659

ACR

210 SIT SEPT

ZI

AN ACT

TO PROVIDC
FOR THE EMPLOYMENT OF PRIFLN
LABOR IN THE
INSTITUTIONS
STATE USE
OT
OF THIS STATE TO ESTABLISH
TO
THE POWERS AND DUTIES OF THE PRISON
PRISON INDUSTRIES
COMMISSION THE GOVERNORAND OTHCR OFFICERS AND ENIPLOYCS IN RELA

SY

PENAL

FOR THE ABOLITION
OF CERTAIN EMPIOYE
THERETO AND TO PROVIDE
OF
TO PROVIDE FOR THE REQUISITIONING
ARID DISBURSEMENT
POSITIONS
PRISON PRODUCTS TO PROVIDE FOR THE SALE ANDOR PURCHASE OF
TAM
PRISON EQUIPMENT TO CREATE
REVOLVING LUND AND OTHERWISE
TION

CA

PROVIDE

FOR THE

DISPOSITION

OF THE

PROCEEDS

ABD ACCOUNTING
PROVIDE FOR PURCHASING
THE SALE EXCHANGE OR OTHER DISTRIBUTION

OF SAID

PROCEDURES

INDUSTRY
TO

TO

PROHIBIT

OF PRISON PRODUCTS MADE
OR TRANSPORTED INTO THIS
TO
STATE EXCEPT AS HEREIN PROVIDED
FOR THE REQUISITIONING
PROVIDE
ANDOR PURCHASE AND SUPPLY OF
INSTITUTIONS
AND
PRISON PRODUCTS FOR USE OR CONSUMPTION BY CEVBIIU
IN

DEPARTMENTS

AND

TO

TO PROVIDE
FOR VIOLATIONS
JICTAITIES
REPEAL CERTAIN ACTS AND PARTS OF AEFS

5O

OF

THIS

ACT

800301

PRISONS
CO

RH

800 301

PCO OF THE

PRISON

STATC

ENACT

OF MICHIGAN

EMPLOYMENT OF

INDNSTRLES

MATERIALS AND EQUIPMENT

STATE

PRTSON

DLRECVR OF PRISON

LABOR

INDUSTRY

ASSISTANTS

APPOINTMENT

IS
SEC
THE STATE PRISON COMMISSION
HEREBY AUTHORIZED AND
AND
MAINTAIN
BUILDINGS MA
EMPOWERED TO USE PURCHASE ERECT EQUIP
WHICH
BE
BOILERS
AND
CHINCRY
EQUIPMENT
MAY
NECESSARY TO PROVIDE
FOR THE EMPLOYMENT OF PRISON
LABOR IN THE SEVERAL
STATE PRISONS
OR
OF IHIS
STATE FOR THE MANUFACTURE OF GOODS WARES
PENN INSTITUTIONS
AND MEICHANDLSE TO PURCHASE NEW MATERIAL
TO BE USED IN THE MANN
OF SUCH
FUCINIC
OF GOODS WARES AND MERCHANDISE AND TO DISPOSE
MANUFACTURED PIUDUCTS IN SUCH MANNER AS SHALL HAVE BEEN OR MAY
BE OTHERWISE PROVIDED BY LAW AND IS HEREBY NUTHNRIZED AND EMPOW
CITID
MAINTAIN
TITE
BUILDINGS MACHINERY BOIL
AND EQUIPMENT AND THE MANUFACTURE OF GOODS WARES AND MER
CHANDISE IN THE MANNER NOWIN OPERATION
AT THE TIME OF THE EFFECTIVE
DATE OF THIS ACT
RUE COMMISSION
IS HEREBY AUTHORIZED
TO APPOINT
DIRECTOR
OF PRISON
INDUSTRY AND TO EMPLOY SUCH OTHER AGENTS AND

ERED TO CONTINUE TO USE
ERS

ASSISTANTS

AS

MAY

BE NECESSARY TO COITY OUT THE PURPOSE OF THIS ACT
UUSTOTIC

NOIS

SOURCE

PAISSS

NO 210

EN

21

SEPT

REFERENCES
STATE

DEPARTMENT

OF CORRECTIONS

1E291

SEE

REFERENCES

LIBRARY

IO2

CONVICTS

CJSCONVJCTS
NOTES

IN

OF

INMATES

PRISON

OFFICIALS

DECISIONS

WHOWERE
TO

WORK

RRNGNED BY
IN

OF

PLANT
UPON
SHELL CASING

PARTS

PRISON
INDUSTRIES
TO PAY PRIS
MICHIGAN
ON INDUSTRIES
FLSED SLIM
PER CIY FOR
TO SUCH WORK
ASSIGNED
EVERY INMATE
YORE NET
CMPLCIVCVS
OF NONUFACLURER
WITHIN WAGE AND HOUR PROVISIONS
OF
STINRLARDS
FAIR LABOR
ACT
NUNTLEY

CUNN FURNITURE
SUPP 110
IT

WAS
THAT

LEGAL

CO OCLOIS
AND CONSTITUTIONNL
NIECHORSICAT

TRADE

HEREAFTER
STATE

PRISON

AND ASSENT
WHICH WERE FUR
NISHED TO WAR DUPAZRTINCNT
BY MANUFAC
TURER WHICH
HAD CONTRACTCD WITH THE
STAMPING

VISION

517

GENERAL

PRISON
BLIES

CT SERV

79

PRO
SHALL

551

THOSE
FOR

BE

PRISON
ARTICLES

TAUGHT

TO

CONVICTS

EXCEPT THE
OF WHICH THE

IN

THE

OF
MAKING
CHIEF SUPPLY

THE

CONSUMPTION OF THE COUNTRY IS
STATES
OR
COUN
IMPORTED FROM OTHER
TRIES
THE AGENT OF THE PRISON ALONE
HAD POWER TO CLCCIDE WHAT TRADES ARE
WITHIN
THE PROHIBITION
AND THE COURT RE
FUSED TO CONTROL HIS DISCRETION
BY MAN
LNNUS
STATE
PEOPLE CR RLL TIUSSELL
PRISON
MICH 187
INSPECTORS
1856
EFORMATORY BAITER
SHOP MAY NOT
RENDER BARBER SHOP SCRVICE TO PUBLIC IN
WITH
BARBER
COMPCTITION
ESTABLISHED
THAT
SHOPS IN
VICINITY
OPATTYGEN
NO 21939 P443
194112

COITRECTIONS

800301
800301A

SHORT

INDU

CITED

KNOWN AND MAY BE

ACT SHALL BE

THIS

SEC

TITLE

AS

THE

PRISON

ACT
NOTE

HISTORICAL

SOURER
PA 1935

NO

LA ADDED BY
LYND ELY APRIL

210

NO 215

20

L04

800302

BCEEIPT

MONEYS

SEC
THE

TIME

CREDITED

THIS

DATE

FUID

RCVOLVIDG

FUND

FUND AT
INDUSTRY
COLLECTED
BY
ALL MONOYS

ACCOUNT PRISON

ANY STATE

IN

OF THE EFFECTIVE

TO GENCRAL

ACT AND

GOODS WARES AND MERCHANDISE
IN ACCORDANCE
INANUFACTURED BY PRISON LABOR
OP HEREAFTER
HERETOFORE
OVER TO THE
TURNED
FORTHWITH
OF THIS ACT SHALL BE
WITH TIM PROVISIONS
FUND
THE
GENERAL
TO
BE CREDITED
TREASURER OF THE STATE OF MICHIGANTO
PROVID
LAW
FOR
BY
OTHERWISE PROVIDED
NND SHILL BE PAID OUT ONLY AS
TIME OF THE OF
SAID MONEYS ON HAND AT THE
OUT
OF
THAT
ED HOWEVER
FIRST
MONEYS COLLECTED FROM
DATE OF THIS NET OR OUT OF THE
FECTIVE
IS HEREBY CRC
ULD MERCHANDISE THERE
THE SALE OF SUCH GOODS WARES
SOLELY FOR THE
BE
USED
DOLLARS TO
FUND OF 500000
REVOLVING
ATED
AND MA
SUPPLIES EQUIPMENT
PURCHASE OF
HP
BOR UNDER THE DIRECTION AND
TERIALS TO BE USED IN SAID INDUSTRY
SUCH REVOLV
HIS
SUCCESSOR
OR
AGENT
PROVAL OF THE STATE PURCHASING
THE

STATE

FROM THE

FUND SHALIBE

ING

OR

SALE OR DISPOSITION

MAINTAINCD

TIMES IN

AT ALL

THE

STATE

TREASURY

NOT

IN

THE SALE OR DISPOSI
DOLLARS AND ANY PROCEEDS FROM
OF 500000
EXCESS
OF SAID FUND
IN
OXCESR
TION
OF SUCH
GOODS WARES AND YNEVCBNNDISC
SHALL BE PAID

VIDED FOR BY

FUND OF THE STATE

OUT OF THE GENERAL

AS ITIDY

BE

PR

LAW
TIISIORLC

SOURCO

NO

PA1935

ON1

EFF

210

SEPT

NOTE

21

CROSS REFERENCES
REVOLVING FUNDS SEE

12110
ROFERCNVC

LIBRARY

CONVICTS

CJS

LS
NOTES

REVOLVING
PRISON

INDUSTRIES

PRISON
REVOLVING

MAY

MISSION

FUND

IS

NOT

BE

ERECTED

26

DOCISIONI

FUND

ARID
VORIDNG CAPITAL
USED IN
PAY FOR BUILDING

FOR

OF

CONVICLS

BY

552

YEVK THOUGH
COMMISSION
TO ERECT
HAD AUTHORITY

BVILDING
343

L3

OPATTYGCFLL93

COZN
SUCH

NO

TKDA

RAG 305

PRISONS

800303

BONDS OF

SEC

THE

DIRECTED

MAY

STATE

THE

HAVE

TENNIS

BOND

PRISON

INTO

HIS

OF

AND

AUTHOR5ZED

COMMISSION

AS

MA

MONEYS MACHINERY

GOOD AND SUF

TO

REFERRED

STALE

THE

IN

MICHIGAH

SUM

PENAL

UPON IHE FAITHFUL AND PROMPT
MONEYS AND OTHER PROPERTY WHICH

DO11NR CONDITIONED
OVER

ACCOUNTING FOR ANTI PAYING

COME

OF THE

HEREIN

PEOPLE OF THE

NOT TO EXCEED 50000
SHALL

CONTROL

AND EQUIPMENT

TO THE

HEREBY

IS

OFFLRERS OR AGENTS OF

NND

POSSESSION

SUPLJCS

FICIENT

COMMISSION

OF SUCH

TO REQUIRE

OR AGENTS

OFFICERS

NIL

CARRYING OUT THE

IN

POSSESSION

PROVISIONS

GF THIS

ACT
HISTORICAL

NOTE

SOURCE

NO

PA1935

800304

EFF

210

SEPT

21

DEFINITIONS

THE TERM PRISON PRODUCTS AS USED IN THIS ACT SHALL BE
CONSTRUED TO MEAN ALL GOODS WARES AND MERCHANDISE MANUFACTURED
PRODUCED OR MINED WHOLLY OR IN PART AND EITHER WITHIN OR OUTSIDE
OR PRISONERS
OF THIS STATE BY CONVICTS
OR PRISONERS EXCEPT CONVICTS
OR IN ANY PENAL ANDOR REFORMATORY INSTLTU
ON PAROLE OR PROBATION
MANUFACTURED IN FEDERAL PENAL AND CORREC
TION EXCEPT COMMODITIES
SEE

TIONAL

FOR USE BY THE

INSTITUTIONS

FEDERAL

THE TERM PRISONS OF THIS STNT
STATE PRISON
AT JACKSON THE BRANCH
STATE REFORMATORY

THE

THE

STATE

1K CONSTRUED TO MEAN THE
AT MARQUETTE AND THE

PNISO

AT JONIA
RIND

AUTHORITY

GOVERNMENT

SHALL

DUTIES

HEREIN

VESTED

IN

THE

PRISON

COMMISSION

PURCHASING AGENT OR HIS SUCCESSOR SHALL BE CONSTRUED
AN RCSPECIS TO THE CONTROL AND SUPEIVISF ON OF THE GOV

STATE

OR

IN

AS

SUBJECT

IN

ERNOR

LJ

NOTE

SOIREE

PA1935

NO

FLY

210

SEPT
LIBRARY

CIS

800305

MLP

LABOR

FROM AND

SHALL

CHANGE
STOCK

SALE

OF PRISON

PRODUCTS

EXCEPTIONS

PRISON

ON FARMS
AFTER

BE UNLAWFUL TO

SELL

OR

ANY

RAISED

CONVICTS AND PRISONS

26

UNLAWFUL

SEC
IT

REFERENCES

12

CONVICK
CONVICTS

TO PURCHASE

ON THE SEVERAL

60

DAYS AFTER

OR EXCHANGE
PRISON
PRISON

553

THIS

ACT

SHALL

OR TO OILER

FOR

BECOME LAW
SALE

OR

CX

PRODUCTS EXCEPT PURE BRED LIVE
FARMS AND SOLD FOR BREEDING

PM

II

RSOO

CORRECTIONS

OTHERWISE

POSES

ANDOR

TABLE

OF THIS

2FLCFLTS

THAT

OR CONSUMPTION

USE

FOR

OTHOR CUSTODIAL

INSTITUTIONS

OR THIS

OR POLITIAO

STATE

GOVERNMENT OI AGENCIES
IN THIS ACT NOR SHALL

IN

THE

CHARI

PENAL

OR FOR DCPNRT
OR THE FEDERAL

STATE

IIIMEOF

THEREOF OR OTHERWISE AS SPECIFICAIIY
PROVIDED
THE LABOR OF PRISONERS
LX SOLD HIRED LEASED

LOANED CONTRACTED FOR OR OTHERWISE USED FOR PRIVATE OR CORPORATE PROFIT
MAINTENANCE
OR OP
OR FOR ANY OTHER PURPOSE THAN THE EONSTVUETIORL
ERATION

THIS

THE

OF

BY THE GOV

AS DIRECTED

COUNTY OR OF
OF SAID

WORKS WAYS OR PROPERTY

PUBLIC

MAY TO

CITY

USED

OR CITY

COUNTY

AS

AUTHORITY THEREOF PROVIDED THAT NOTHING
SHALL BE DEEMED TO PROHIBIT
THE SALE AT RETAIL OF ARTICLES

BY THE
NET

CONSTITUTED

MNDE
FOR THE
PRISONERS
PENDENTS OR THE PAYMENT
IN

NR PROPERTY

THE PRISONERS

THRTL

EXCEPT

DIRECTED
IN

WORKS WAYS

OF PUBLIC

ERNOR
ON THE

INSTITUTION

PENAL

OF THEMSELVES OR THEIR

BENEFIT

PERSONAL

TO PRISONERS

FOR PERSONAL

SERVICES

TO REGULATIONS

SUBJECT

DE

RENDERED

BY THE PRISON

TWINE
COMMISSION OR THE MANUFACTURE SALE OR PURCHASE OF BINDER
ROPE AND CORDAGE USED IN AGRICULTURAL
PRODUCTION OR TO THE USE OF
LABOR UPON AGRICULTURAL
LAND WHICH HAS BEEI RENTED OR EASED
PRISON
SHARE CROPPING OR OTHER
BY THE DEPARTMENT OF CORRECTIONS UPON
BASIS
PROVIDED THAT IN NO CASE SHALL ANY PIISOII
PRODUCTS BE SOLD
OR OFFERED

FOR SALE

AT

HEAT
AS AMENDED
SELLING

LIGHT

BELOW COST OF PRODUCTION VHICH

PRICE

PRODUCTION SHALL INCLUDE

AND
LABOR SUPERVISION
EXPENSES CONNECTED THEREWITH

MATERIALS

POWER AND ALL

OTHER

NO 42

PA1950

COST OF

DISTRIBUTION

LMD EFF

HISTORICAL

MMCLI 28

NOTE

SOURCE

IA1935
TA1937

NO
NO
NO

PA1943
RALP15

NO

FTP SEPT 21
210
95 IMD EW JUNE 21
299 HAD ELF JULY 2S
NO 215 LMD EL APRIL 20
107

L3

CONVICTS
CONVICTS

CI5

LMD

EFF APRIL

MLP
OF

CONVICTS AND PRISONS

REFORMATORY BARBER SHOP MAY NOT
RENDER BARI
SHOP SERVICES TO PUBLIC IN
WITH
ESTABLISHED
BARBER
COMPETITION

510 OF PRISON
PROLIILIF ION
AGAINST
TICTS
AT
LCIOW COST OF
PRICE
INCITIDE

IN

DECISIONS

AND APPLICATION

SHOPS

NOT

ON

26

CONSTRUCTION AND APPUEARLON
THE WORDS COST OF PRODUCTION

40

ADDED

REFERENCES

OF PRISONERS
ENIPLOYNIONT
SALE OF PRISON PRODUCTS

TION

LABOR

10

LIBRARY

NOTES
CORISINICTION

AUTHORITY FOR USE OF PRISON
AGRICULWRAL LAND WAS
1956
CERTAIN

THE

194142
IN

PROD

RODTC

ITEMS OF FOOD
OF INMATES OF

CLOTHING

AND RNNINTCNNPCE

PRISON
376

OPATTYGEN194748

NO 41

TMT

IN

VICINITY

NO 21939

OPATTYGEN

443

SALE CI
PRISON
FOREIGN

VOTE

224
211

PRISON PRODUCTS
PRODUCTS PLAY
NOT BE SOLD TO
OR PRI
PURCHASERS EITHER PUBLIC

OPATTYGEN19495O NO SSSA
UPATTYGEN19495O NO 958

554

RW

AADFRL

C4

800306

PRISONS
IT

TNKIWFUL TO SELL
BY THE PRISON

IS

MITTUD

OO3O1

SECTION
PRODUCED

TICK

MICLIIJNN

TO

ET
IN

PROVISION

SEQ

PENAL
OF

FOR

SALE

RAISED
ARE
THEREON
PDSON
AND MAY NOT BE SOLD EN THE
OPEN MARKET
OPATTYGEN
NO 140
344

PROD

PROD
IONS

OTHER

NO 2MG
OF

LIVESTOCK

ACT

PRISON
INSTIFUL

ATDNCIES

OPATEYGENLN3556

NOR

AS

EXCEPT

TNDXIRTRIES

OF

STATUS

EMPLOYMENT

GOODS TO

PRISON

GOVERN2RWNT OR AGENCIES
THEREOF
WOULD VARANT THE SALES TO PRIVATE COR
UNDER CONTRACT WITH THE FED
ERA GOVTRNNIENT IN MATTERS
TO
RELATING
THE WAR EFFART
OPATTYGEN 1947
48 NO 48I
176

PRP
CEO

UNDER PRISON TODUSTRICS ACT SECTIONS
800301
CT SEQ GOODS
MAY NOT BE SOLD

THEREFOR

OPATTY

533

IAMR

210

NO

WHICH

RELATED

SALES OF PRISON

PRODUCTS

UNLAWFUL

PRIVATE

NOW
TO

UNLAWFUL

FOR

I947

TO SECTARIAN

OR PRIVATE
ORGANIZATIONS
IC
GARDKSS OF CHAIRIFABLE OR NONPROFIT
CHAR
ACTER
OPATTRCEN 104516
NO

OF

CPARTRRN2NT

AUTHORIZOD

653

OF

STATE

SIU
AFLYCEN

INS

MANUFACT TIRED
RIS
ORE PLISON
PRODUCTS AND SALE
THEREOF
1O COUNTY
RVACL
COMMISSION
TO L037
ILRIOR
DNIEAIALUNRNT
OF
L935
NO 210
WAS FORBIDDEN
OPATTY
ICIL
NO 142
34U
ON SHOP

LA

LABOR

OF

USE

ABSENCE OF

AUTHORITY

SCETIEN

FOR

OR LABOR IT WAS
PAUTY TO EMPLOY
LABOR
PRISON
MR PERSONAL AND PRIVATE
PURPOSES AND IT WAS UNLAWFUL FOR PRISON
INDUSTRIES
TO PURCHASE
RAW MATERIALS
AND EQUIPMENT FOR RESAIC TO EMPLOYEES
PRIVOTE
INDIVIDUALS
AND
CORPORATIONS
OPATTYGEN
NO 181
370

PRODUCTS MAY NOT BE SOLD TO
MUNICIPAL
LEAGUE AS JOBBER FOR
RESALE TO MICHIGAN
MUNICIPALITIES
ATTYGEN 194743
NO O5K314
133

PRISON

CONTRACTS

VNLAWFUL IN

ARO

1947 NO 659

JODER
THIS

PRISON

AGRICULRTRRAL

LABOR

LEGISLATIVE

MICHIGAN

ILIGLIWAYS

OF PRISONERS

SARECRNP

FEDERAL

4517

I935

MADE

COIREETIONS

PERMIT

OR

NO

TBEICOF

OP

S70

421

MAY

LABOR

NOT BE SOLD HIRED
USED UNLESS
THE

LOANED

OR

WAS NOT
INMATES

FOR PRIVATELY
NSTI TOT IONS

NONPROFI

J94344

ALLOW

WORK

TO

PRISONS

PRISON

LEASED

TO

IS

ND

OFL

PUBLIC

WORK WAY

ROPEITY
UNLESS
SUCH USE IS DI
REELED
BY THE GOVERNOR
OPATTYGEIL
194112 NO 22908
544

PRODUCTS PRODUCED WITH
OH PRISON
FARMS INCLUDING

800306

TYPES AND PRIORITY OF ENIPLOYTNENT
OF PRISOU LABOR
SHALL FE THE DUTY OF THE
PRISON COMMISON TO PROVIDE AS
XUJLY AS PRACTICABLE
FOR THE EMPLOYMENT OF PRISONERS
CONFINED IN THE
PRISONS OF ILIIS
STATE IN TASKS CONSISTENT
WITH THE PELIAL AND
REFORMATORY
PURPOSES OT THEIR LNIPRSONMENT AND WITH THE
RUBLIC
AND OF
ECONOMY
THE TYPES AND
PPROXIMATE1Y IN THE CIDER OF PRIORITY NS FOLLOWS
SEC

IT

ROUTINE MAINTENANCE
TO THE
THEIR

CONDUCT OR THE
PENAL

AND

SEVERAL

AND REFOIMATORY

CONSTRUCTIVE

ACTIVITIES

PURPOSES AND TO THE

THE STATE THESEFOR
EDUCALIONAL

ANDOR

REHABILITATION

THROUGH PRODUCTIVE OR SOCIALIZED
ILIDLVIDTLFLL
NEEDS AND CDTIRNBILITY
ASSIGNRNENLS
ATITI

AS LEQUISI

PRODUCTIVE
PRISON

FARMS

CI

FAVORABLE

MINIMUM

TO

COSTS TO

WHETHER FORMAL OR
ON THE BASIS OF

DETERMINED

ON STATE

HONED ILY
HISTRICT
ROADS WHEN REQUESTED
CORDANCE WITH SECTION SOO102
WILEII

ACTIVITIES

ACTIVITIES

CONTRIBUTING

MANNER MOST

IN

PRISONS

PUBLIC
WORKS WAYS OR PROPERTIES
THE GOVERNOR OR ON
COUNTY TOWNSHIP OR

BY

THE

OF THE

OR MAINTENANCE

COMMISSIONERS

COMPILED

LABOR

OTHER AGRICULTURAL
555

LAND

LAWS

ON OR IN
RENTED

THEREOF
OF

IN

AC

ISIS

CONNECTION WITH
OR LEASED

BY

THE

THE

DE

800306

COUUECTIONS

MN

NIRLI

OF CRTEIIOI1S

SLI

TORIES

JIS

FOOD

OF

MAY
IN

S1QPC CROPPING OR O1LW

UPOII
IFLLIC

FLWI

IND

FOR THE MNTTINTEIIAIICE

MANUFACTURE SALE
CORDAGEUSED IN AGRICULTURAL
OR THE

OR

MATORIALS

IN

UT

SEPT

AS AMENDED PA1956

1950

SUBSEC
AN

IN

CL1045 REPLACED
AND
TO CL1929
ENC TO

21

LIBRSRS

REFERENCE

SUB

IN

TO

REFERENCE

EARLIER

THE

REFER

WAS INSERTED

LAND

REFERENCES

1O3

CONVICTS

STATE PURCHASING

THE

NOTE

LILSTORLVII

210

TWINE ROPE AND

HINDER

TLIIOUGH

SONRCC

NO

FOT CONSUMPTION

OF

PRODUCTION
AGENT OR HIS SUCCESSOR AS PROVIDED IN THIS ACT
EFF MARCH 28
NO 42
INVI

PAI935

F41C

FOR OTHER SLATE PURPOSES

OF

PURCHASE

1FLSIS

AND SUPPLY
OR TBQIIJNIENT
PIOP

RODUCLION

OJC1ATIOIL

OR FOR DISTIIBUTIOIL

OF THE STATE

PRISONS

FOR THE

LES

LIT

FLII

ANDOR OILIER SUYPLIE

CLOTHING

REQUIRED

THE

OTHER

01

CJS
NOTES OF

16

CONVKTS

DECISIONS

AUTHORITY TO REGULATE

HARROPPING CONTRCT

INNAFER OF DI IC PRISON EC
AND THEY AN BE 11W
TINTE
THE
RRIPIOYED
ONLY BY

LABOR OF

HOG

TO

FULLY

1LW
OS

PRISON

DC

CO

FURNITURE

CIRNUT

751

LABOR

1C
CEN

HO SLATE

ARE IINTUW

FOR

IN

OF

AIS

THERETO

LYE AUTHORITY

1947AS

FILL

OF

OPATTY

NO 65

110

LKSUPP

800307

PRODUCTION AND DISTRIBUTION

TH4TDIDLION
NETS

FOR

STATE

PVIRPO

DUTY

PROD

OF PRISON
STATE

OF

PURCHASIZIG

SGENT
OF PRISON PRODUCTS
PRODUCTION AND DISTRIBUTION
OF
THE
STATE
PURCHASING AGENT
DUTY
PURPOSES
ESTIMATE
OI HIS SUCCESSOR TO JRINIE
ANNUALLY IN ADVA NEC AN LTEMI7CD
FOR PROPER USE AND
OF THE SUPPLLCS
MATERIALS
AND CRLTLIPRNELLT
REQUIRED

SEC

REQUISITION

ROR STATE

BE

1W

THE

IN

CONSUMPTION
110115

SHALL BE THE

IT

CHARITABLE

JIEIIM

ANDOR OILIER

OF STATE

FOR THE

LEPARINLENTS
LEGALLY DESLTCNTT ED OR THE DCLEGA
SHALL HAVE THU AUT HOIITY
TO ROQUL RE
FLTITI

LIE

OR OTHER OFIKIAL
SUCH REPORTS
OF SUCH

LO

FL CCIII

ANDRN

REQUISITIONS

AND

ESTUJIATE

OF EACH

SHALL

IT

OF SAID

AS

MAY

BE THE

CUSTODIAL

IFLSTITTI

GOVERNMENTFOR WHICH BE MAY
AND
TED PURCHASING AUTHORITY
WA TDEN
OF THE SUPERINTENDENT

ND DEPARTMENTS

INSTITUTIONS

BE NECESSARY FOR THE PURPOSES
DUTY OF THE STATE PURCHASING

AGENT OR HIS SUCEESSOL TO MAKE REQUISITION
UPON THE PRISON CONIRNIS
FOR
SION SUBJECT TO THE APLROVAL AND ACCEPTANCE OF SAID COLIIINISSLOLI
ALT

OF SAID

ESTIMATED

II

SHALL BE DTCFLIT

NRA BILE

AND

IT

PRISBNER

SHALL HE THE

TO REQUITE

THE

SLIPPLIES

IEABK

LABOR
DTIT

MALERIALS

TO PRODUCE OR

AND EQUIPMENT
OF THE

PRODUCTION

AND EQUIPMENT

PRISON

OF THE

PRISONS

COMMISSION

OF THIS

TO PIOVIDE

MANUFACTURE SUPPLY AND
550

IN

AS

SAME WI

ITLATIUFACTUREJ

DELIVERY

LB

IT

THE

SLATE
FOR

AND

OF SAID

800308

PRISONS

THE REGULAR AND SUITABLE

WITH

CONSISTENT

AND FACILITIES

AND OF THE EQUIPMENT

LALICI

JHE

STATE

SLATE

AND

TO

TLIOIITY

SAME

TO THE

AS

THE

IF

CONVICTS

13

LIF

210

PRESCRIBE

CONDITIONS

OF

SHALL HAVE FLU

AN1

PRODUCTS

PRISON

WETE PURCHASED FROM OTHER SOURCES

SANTE

NOTE

HISTORICAL

NO

METHODS AND

OF DELIVERIES

OF THIS

PRISONS

SUCCESSOR SHALL

ACCEPT OR REJCCT SAID YCLUISITIOILOD

EXTENT

PA1935

HIS

TESIS

QUALITY

AND TIMES

CONDITIONS

1N

PACKAGING

IN IHE

AVAILABLO

AGENT OR

PURCHASING

STANDARDS

SPECIFICATIONS

AND EQUIPMENT TO THE FULLEST EXTENT
EMPLOYMENT OF THE PRISONER

MATERIALS

SUPPLIES

REQUISILIONED

21

SCPT

REFCREPCE

LIBRARY

CIS

26

CONVICTS

NOTES OF DECISIONS
IN

GCFL1UR

CUNIRACTS

FOR

MADE BY TH HIGH
AND

WAY DEPARIRNEOL

WHICH

WITH

LINT1

OF

DEPARTMENT

800308

THE

PENAL

TO SUPPLY

IS

ABLE

III

OR

CUSTODIAL

HID

PRISON
OF SECT ION

SHALL HE SNACK

CONTRACTS

PROPER PTOVISIOFL
PRISON

PIODTTCI
SHALL

PRICES
DUCT ION
REEDS
SIT

ID

TO LE FIXED

BE SUFLICIENT

ANTI

OF THE

SH

PAYMENT

AT JUICES

SI

INLI

SALE

BE

BE

III

FORM AND NOND

BY

OR ANY
IRIDEMI

FOR

DCL TART
II

LENT

SHALL TINY

RIIERIT

HE SALE OF PIISON
OR

IIST

JUT

LION

COINHIL

THE

LINT

SHALL HE PRODUCED

MAKE

RACTS SHALL

FOR SAID

NUICHIASER

WHICH

COFLIFLIISSI0FL

FOR

TLIE

COSTS

AND

MAT ING

HEREOF

TILE
ZI57

ISSI

TO

OF

THE

PRO
PRO

RIGHT

SI

TALL

TEICOF

SUBJECT

CIA IRA

MCIII

TI

OF THE

DII

PHI P0805

5011

ION COSTS

ANY

ONITILI

FOR JLI

AT

IODTLC

PRODUCTS

ON FOR NONDELI UCRY OR FOR

SUCH CLAIM BE VALID

PROVIDED

UNDER SUCH ROUT VACTS AFORC
ISON

41 IC

LIE

STATE
III

PRODUCED

IRIDS

SUCH COIL

ISCRI

OR DCPA

JOJIS

OF ACTUAL

STIVJAUS

BY

AUTHORITIES

HIS ACT

THC PRISON

TIRE

OF SUCH PRISON

ISBUISED

TOUT INET

BY

TO REIMBURSE

AFTER OR FOR TLW PURPOSE OF DE FRAYING
SUCH

SLATE

TO THE

TTIT

OF

ADVANCE

NI

NO WIREQUISIL
ICRIED
OF THISSEETION
THE PIOVISIOHIS
FOR

ILLS

OR 1LW

THE PIOVISIONS

OR MANUFACI UTC AND THAT
OR SOLD TINDIT

PURCHASING

PIOPER

CAM

THE PRISON

PREVENT IDLENESS
THE

INDUCTS

ADDITIONAL

IUIIDER

SUCH

NIL

CM

STATE

DEL LYCIED

TLIAT

WITH OTHER

SULIPLICS

EXCRNPTITIIT

PRINTING

NII

OILS

308

APP

NET

II

OPATYOEFL 194950

LIFE

NO 1037

EMPLOYMENT MAY HE NECESSARY TO
WITH
MAY NMKE CONG TACT

AND

THORN

GIVE

NOIB

PROV

AFTER

OF LVISIACI5

NI

THE

HAS BEEN MADE FOR THE EMPLOYMENT
AND
PROVIDED FOR IN SECTIONS
AS HILLY AS PRACFICIILC
HAT FURTHER MEANS OF PRISONER
AND IN CASE IT SHALL

SEC

OT

TO

BY

DB WITH WERE VOID ND APPROVAL
BOARD DID
NOT
ADRNINRTRFLTIVE

ING

CONTRACTS FOR ADDITIONAL
STATES

OF THIS

SAND

OF

PURCHASE

TLE

HLGBWY SIGNS

AND

THE

NO
STATE

DAMAGES OR
FTC 3101

OF EOI

PURCHASER

IT

TO

ACCEPT

800308

CORRECTIONS

OR TO REJECT FOR SUFFICIENT

CAUSE THE PRODUCTS CONTRACTED

FOR IS NOT

HERE

BY ABROGATED
IN

THE FURTHER

AND

AFORESAID

SO

AS

SECT

OF THE PURPOSES OF THIS

ACCOMPLISHMENT

FAR

UNDER

APPLICABLE

SAME

IHE

CONDITIONS

AS

AND

METHODS OF PROCEDURE PROVIDED IN SUBSECTION
HEREOF THE STATE PUR
CHASITIG
AGENT OR HIS SUCCESSOR MAY MAKE FURTHER REQUISITION
FOR AD
DITIUZIAL
PRISON
PRODUCTS FROM THE PRISONS CI THIS STATE AND EXCHANGE
SAME FOR THE PRISON PRODUCTS OF PRISNN OF COUNTIES OR CITIES CC THIS
STATE

FTNM

OR OF THE PRISONS OF OTHER STATES
INISONS
OL HER TIIAN
THOSE OF THIS

HEZEFOR CANNOT HE PRODUCED
FLITNT

RIBUTED

DISI

FOR IN

IN

OF

IHI

OF

SI

III

SAID PIODUC

LIE

OF THE

SECTIONS
SECTION
SECTION

IS

CONSTRUCTION

AINED SHALL ALLOW PRINTING

DIVISIONS

PRODUCTS

SHALL BE REQUIRED

FOR AND

OR DEPAILINCAIT
OF THIS SIN TO AS PROVIDED
IN THE SANAC PRNI1O1 FLS THE PIODTICFS
OF THE

HIS NET

ATE

SAID PRISON

SUBSTITUTES
OR EQUIVALOTIT
OF THIS STATE WITH THE EQUIP

THE PRISONS

IN

PROVIDED

THE INSTITULIONS

SECTION

PRISONS
COAZT

AD

FLVFLHLFLLL

ROVIDETL
STATE

UF

THIS

BE DONE FOR COUNI

TO

ACT
ICS

NOTHING HEREIN
OX

POLITICAL

STAB

STATE

SOOSOG 800307
80030T
800304
IIISTORLCAL

NOTE

SOURCE

PAL935

NA 1O

PAM37 NO

95

IMD

EFF
EFF

SEPT
JUNE

21
21

CROSS REFERENC

PENAIUE
REQUISITION

EE

800315

PRODUCTION AND DISTRIBUTION

OF PRISON

319
STATE

DEPARTMENT

CONVICTS

OF

791201

CORRECTIONS SEE

CQ

REFERENCES

LIBRARY

IO1

CT

800

PRODUCTS FOR STATE USC SEE

C3S

CONVICTS

16

NOTES OR DECISIONS
CONSTRUCTION AND APPLIENTLON
SALE OF PRISON PRODUCTS

13
NOW SECTIONS
800308
OPATTYGEN 1935SO NO
SALE

CONSTRUCTION AND APPLIEATION
PRISON
COMMISSION
NMY EMPLOY PSY
CBINRRISTS
AND PZY FOR THEM FROWN FUNDS
AVAAILNLLE
UNDER 1A1935
NO 210 FT

800309
SEC
POLITICAL

TSETL
IT

PEIRNI

SUBDIVISION

OF THIS

FOR

344

PRODUCTS

PRISON

IN

SHALL BE LAWFUL

OF

800313
140

PRODUCTS MAY NOT BE SOLD TO
MICHIGAN
MUNICIPAL LEAGUE AS JOBBER FOR
RCSNLE TO MICHIGAN
RNTINICLPALITLES
OP
NU 0531I
133
ATLYTEN 1947IS

PENAL

DI
INSTITUTION

STATE TO SELL

558

OF PRISON

PRODUCTS

NOW MAINTAINED

OR OTHERWISE DISPOSE

BY

OF ITS

800310

PRISONS
PRISON

PRODUCIS TO THE INSTITUTIONS

LITICAL

SUBDIVISION

VISIONS

SUCH

INSTITUTIBNS

ACT

IHIS

OF

SHALL

P0

THE PRO

IOCATCD

NOT APPLY TO SUCH PENAL

NONE

SUBDIVISION

POLITICAL

IS

INSTITUTION

SAID

OF THE PVOVRNLOFLS OR

HOUSE OF CORRECTION

APPLY TO THE DETROIT

ACT SHALL

THIS

WINCH
AND

IN

IONS

OF SECI

OF THE COUNTY OR

OR DCPMTRNCFLTS

SQO307 500308

SECTIOLLS

NISTORIC

NOTE

SOURCE

NO

ITHA1FL35

210

EFF

SEPT
REICTCUKCCS

LIBNTRY

43

CONVICTS

800310

CJS

IT

TO BE THE INTENT

HEREBY DECLARED

IS

OF THIS

AND

ACT

FOR PRISONERS

EMPLOY

SUITABLE

REGULAR DIVERSIFIED
WITH PROPER PENAL
OF THE STATE CONSISTENT

ADERJUATE

TO PROVIDE

MONT

OF ACT

INTENT

SEE 10

26

CONVICTS

PURPOSES

SELRMAIFLTFLFLFLCE

FOR
THE LABOR OF PRISONERS EXCLUSIVELY
BY REASON OF THEIR
THE SLATE FOR EXPENSES INCURRED

TO UTILIZE

AND

FOR

CRIMES AND

ILOPRISFLIIFLCNT

BOR OR

CI

COMRETIT IVE

LLI

TO ELIMINATE

TO EFFECT 11W

TEO LABOR

NI ID

JWODUC IS

PRHZOII

BETWEEN PRISONER

RELATIONSHLPI

OR

JJ1IVU

IC

ILL

TITISTRY
OF PRISONER

LABOR

STATE AUTHORITIES

WITH

AND DISBURSEMENT

REQUISITIONING

AND PRISON PRODUCTS DIICETLY THROUGH ESTABLISHED
WITH
OF PIIVAIC
NOFLTS THEREFROM MID
NO POSSIBILITY
JNTCRRNEDIATIFLG

AND

TURES

THESE

TO

THE GOVERNOR

THE

NPPROPPIETTIOILS

CONSIDERATIONS

FINANCIAL

SHALL

REQUIRE

THE

AGENT

SLATE

LAND

FOR

RIND

THE

MMDERIALS
PRISON

AND

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LICEESSALY

PRODITETS

INST

BUISED

SUE

ILL

OR COLLECTIVELY
SEPARATELY
OR PRODUCTION OF
NIANUFACTITRE
WITH SECTIONS
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ILIEREFOR IN

FOR THE PRISON

RULUISII

PRISON

OR DEPAIL

ITULIONS
AT PRICES

HIS

CONSUMIN

IOIND

ACT

OF THIS

FOR CVEDITJIIG
ING

OR

OF ACCOUNTING

OF SUPPLIES

ANDOR

ITUTIONS

OF
MINIMUM
OR EXPENDI

EJIDS

SUL TABLE METHODS OF PURCHASING
CCSSOL TO ESTABLISH
OR ADVISABLE
SHALL
WHICH
PROVIDE AS MAY HO NECESSARY
MUD ISI IIG AND STIPLILY ON ACCOUNT OF THE
SI

IA

FIXED

ACCOUNTS AND DEBITING
MENTFI

TO INDICATE

CEOUHITS

OF

CONSUM

AND DIS
FOR PRODUCTS REQUISITIONED
FAIRLY THE TRUE COSTS OF MAINTENANCE

AND DEPART
MANAGEMENT OF SAID PRISONS INSTITUTIONS
DISBURSE
OR
MENTS PIOVIDED THAT SAID PRICES OR THE REQUISITIONING
DETERMINED
BY
OR CON
IN NO CASE HE
INENT OF SAID PRISON PRODUCTS SHALL
OTHER
SOURCES
TINGENT
UPON COMPEL HIVE BIDDING FROM
EFLICLENCY

FOR THE
PRISON

OF

PURCHASE OF

NIL

COMMODITIES

IN THIS
PRODUCTS AS PROVIDED FOR
55P

01 REQUIREMENTS OTHER THAN
OR
COMPETITIVE BIDDING

ACT BY

800310

CORRECTIONS

OTHER METHODS ESTUJIISHED

BY LAW OR APPROVED PRACTICE PROVIDED
THAT NO BIDS MAY BE ASKED
RECEIVED
EXCEPT FOR COMMODITY REQUJRC
INENTS
WHICH IT HAS BEEN DEFINILCLY
DECIDED SHALL NOT BE SUPPIED BY
OF

REQUISITIONING

FLRISON

PRODUCTS AS HEREINBETORE

LROVIDED

800304800306

SECTIONS

NOTE

HISTORICAL

SOURCE

NO

PA1935

EN

10

210

SEPT
CROSS REFERENCES

STATE

AND ACCOUNTING

REVENUE DISPOSITION

STATISTICAL

DETAIL5

TO LABOR

RELATING

IN

2110

PCNAL

INSTITUTIONS

COLLECTION

AND COMPILATION

40852

SNO

SUPERVISOR OF INDUSTRIAL

791271

PLANTS SCC

LIBRARY

ROFEREIJEES

CON

C3S

CONVICTS

13

NOTES OF DECISTONS
SALE

OF PRISON

PRODUCTS

UNDER

MAY

PRISON PRODUCTS MAY NOT BE SOLD TO
MICHIGAN MUNICIPAL LCNGUT AS JOBBER FOR
RVSULE TO MICHIGAN
MUNICILALITIES
OP
NO 05314
ATTYGCN 194748
133

800311

ITHE

OP ALLOWAIICCS

VMOFL

COMUHISSION

REGARDLESS

OR

CHARACTER

NONPROFIT

NO 04317

OF

OR PRIVATE
CHARITABLE

OPATTYOEN

653

TO PDSONERS

SCHEDULE

IDOPT

IT1TI

OR TO THEIR

TO PRISONERS

PROVIDED

LIE

BASIS

ORGANIZATIONS

194546

ACT

INDUSTRIES

SCHEDULE OF PNYMENLS OR ALLOWANCES

SEE 11

MAY

PRISON

BE SOLD TO SECTARISN

COT

OF LFLYFLYLFLTS

DEPENDENTS FROM SUCH FUNDS AS

SUCH
SHALL BE MADE ON THE
OF OR REWARD FOR INDUSTRY
OR BEHAVIOR
TO PIJOIIIS
TO THE STATE HORN THE ACTIVITIES
TO

THEREFOR BUT

OF NEED OR OF MOTIVATION

AND SHALL NOT BE RELATED
WHICH SAID PRISONERS MAY BE ASSIGNED

NOTE

HISLORICAL

SOURCE

NO

LA1935

800312

210

11 FIT

ABOLITION

SEC 12
IHE

PRISON

ALL

SALE

POSITIONS

OF PRISON

ACT SHALL BE ABOLISHED
BECOME LAW

WILHIIM

HISTORICAL

NO 210

12

EL

IN

INDUSTRIES

SEPT

21
600

OR ESTABLISHED

CREATED

PRODUCTS OR FOR THE

INCONSISTENG

SOURCE

PA1935

OF PRISON

OFFICES

OR OFFICES HERETOFORE

WHICH MAY BE

THIS

OR

WITH THIS ACT

OR DISTRIBUTION

INDUSTRIES

21

OF POSITIONS

CONSISTENT

LOT

SCPT

30 LAYS

NOTE

VITH
AFTER

THE

THIS

CONDUCT OF

OPO RATION
ACT

SHALL

OF

HAVE

AM

LT

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800315

PRISONS

8003

13
SEA 13

OF THE

EQUIPMENT
THE

IRESCNT

THE PROVISIONS
DITIONS

SALE PRICE TERMS

COMMISSION

PRISON

OF THE

EQUIPMENT
OF THIS

AND

ACT

OF SUCH SALE IN

THE

EONCLITIOII

HEREBY EMPOWERED TO SELL SUCH
AS CARNIOT BE UTILI2ED
UNDER

DETERMINE

TO

BEST

IS

IMISOILS

TAR

INTERESTS

COW

THE

PRICES

TERMS AND

OF THE

STATE

PROVIDED THAT

SO FAR AS PRACTICABLE

SUCH SALES SHALL BE THE MEANS OF ESTABLISHING
EX
TENDING OR ENCOURAGING PILVATE
OR COOIERATIVC
IN
THIS STATE
INDUSTRY
AND THE SAID PRISON COMMISSION IS
EMPOWERED IO EXPEND THE PROCEEDS
OF SUCH SALES AS MAY BE DEEMED WISE OR
NECESSARY IN THE PROVISLOO OF
SUCH OTHER EQUIVMCNT OR FACILITIES
AS SHALL BE REQUIRED
FOR MAKING EF
FECTI FO HE FULLEST POSSIBLE EXTENT THE
AND
PROVISIONS
OF
PURPOSES
THIS

ACT

HISTOTICAL

PA19

NO 210

13

EFF

NOTE

21

SEPT

NOTES OR FLOVLDONS
CONSTRUCTION 4ND APPLICATION
PRISON
COMMISSION
MAY NNIRLOY PSY
CHINTRISTS
AND PNY FOR THEM FROM FUNDB

800314

AVAILABLE

UNDER

NOW

13

PA1935

SCRIJONS

OPATTYCEN 193530

NA

210

800305

NO

II

800113
140

VIOLATIONS

SEE 14

WILFUL

VIOLATION

OF

ANY

OF ITO

OF THIS ACT BY AN
THEREOF OR BY ANY
OFFICER
OF ANY INSTITUTION
OF EITHER SHALL BE SUFFICIENT
CAUSE FOR REMOVAL
FROM OFFICE AND SUCH OFFICER SHALL ALSO BE
SUBJECT TO PROSECUTION
AS
HEREINAFTER
PROVIDED
OFFICER

OF THE

STATE

OR OF ANY POLITICAL

HISTORKAL

PROVISIONS

SUBDIVISION

NOTE

SOURCE

PA1FL35

NA

2I0

800315
SEC

14 ELY SEPT

21

PEMIALLY

ANY PERSON FIRM

OR CORPORNI ION WHO SHALL WILFULLY VIOLATE
ANY OF THE PROXISIONS
OF IBIS
ACT SHALL BE DEEMED GUILTY OF
MISDE
MEANOR AND UPON CONVICTION
IHEREOF SHALL BE PUNISHED BY
FINE OF NOT
LESS THAN 100 TLOLLATS NORMORE THAN
500 DOLLARS OR BY IMPRISONMENT
111
THE COUNTY JAIL FOR
PERIOD OF NOT MORE THAN 90 DAYS OR BY BOTH FINE
AND LNIPNSONNZENT

AT

THE

DISCRETION
ILISTORLCAL

PAL35 NO

210

15

ELY

SEPT

OF THE COURT
NOTE

21

CROSS REFERENCES
MISDVRNEANOR

SEE

7508

7509

800315

CONIWCNOPJS

C4

SEES 16 17
TJUSO

AND
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SECTIONS

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ERABRITY

FL45

RCPE

16

17613

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PA19JI

151

CL1920

202

CL1929

17624

17621

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NA

17632

II

17636
17608

CL1929

150

PA

SECTION

NO 140 CTLP29

1A1909

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PA1935

SLV

REPEATER

PA1921
PA1907

17GM

EL

NO 343 CL1020
NO 291 CL1929

17644

17645

17623

8003

18

PRODSIONS

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IN

II

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NTHORI

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PRISON

TY VOID

SCO 28
WITH
IS

ANY

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PROVISION

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ILIE

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THIS

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REGULATIONS

ACT

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PRISON

IS

IN

LABOR

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AUTHORITY

VOID
HISTORICAL

NOTE

SOURCE

NO 210

PA1035

8003

19

18 FIT

PRODUCTION AND DISTRIBUTION

EEQUUISLTIOUT

UCTS FOR STATO

SEE 19

21

SEPT

USE

STATE

PROD

OF PRISON

BOARD

ADMINISTRATIVE

DEITIES

PRODUCTION AND DISTRILUTION
OF PRISON
PTOD
BE THE DUTY OF THO STATE ADMINISTRATIVE
BOARD TO PREPARE ANNUALLY IN ADVANRE ON ITEMIZED
ESTIMATE
OF THE
ARIIE1C
AND MATERIULS REQUIRED
FOR
USE BY THE INSTITUTIONS
DEPARTMENTS AND OFFICES OF THE STATE VHICH
MAY BE PRODUCED BY
PRISON
INDUSTRY
AND THE STATE ADMINISTRATIVE
BOARD SHALL HAVE THE
AUTHORITY TO REQUIRE
OF EACH OF SAID
INSTITUTIONS
DCPARTMENTS AND
OFFICC
SUCH REPORTS US MAY BE
NCCESSNUY FOR THE PURPOSES OF SUCH
ESTIMATE
IT SHALL BE 11W DUTY OF THE STATE ADMINISTRATIVE
HOARD TO
ISSUE PIEVRHNSE
ORDERS TO THE PRISON COMMISSION
TOT ALL OF SAID ESTIMATED
UCTS

REQUISITION

USE

FOR STATE

IT

SHALL

PTO

ART IRKS
IT

AND

MAICRIALS

PRACTICABLE

THE

DUTY OF THE

AS REQUISITIONED

WHICH THEY
MISSION AND

ARE
THE

NS THE

INSOFAR

SAME WITH

TO PRODUCE

BASED

AFTER
IN

OFFICIALS

SPECIFICATIONS

SUSPECT
IF

THE

ACCEPT

FOR

PRISON

OR REJECT

SAID

WITH

CONSULTATION

CONTROL

OF SAID

THE

INSTITUTIONS

PRISON

IKIJIORLEAL

CQNVICTS

13

19 ELF SEPT

CORN
DEPWTMENTS
PRISON

PRODUCTS TO THE SAME EXTENT

OTHER SOURCES
NOTE

SOURCE

NO 210

NLEERN

PURCHASING AGENCY SHALL PRESCRIBE
PRODUCTS AND SHALL HAVE AUTHORITY
TO

SAME WERE PHLRCHASED FROM

2AIL35

SHALL

AND IT SHALL BE
LABOR
COMMISSION
PRISON
TO FULFIL SUCH PURCHASE ORDERS
IN STIJET
CONFORMITY WITH THE SPECIFICATIONS
UPON
PRISON

OR OFFICES OF THE STATE THE STATE
THE

COMMISSION

PRISON

21

LIBRARY

REFERENCES

V35
562

CONVICTS

20

AS

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TABLE

OF CONTENTS

C4

PALE

COUNTERSTATEMENT OF ISSUES
COUNTERSTATELNENT

PRESENTED

OF FACTS

ARGUMENT
THE DISTRICT
COURT WAS CORRECT IN RULING
THAT
COUNTS II
III
AND IV OF PLAINTIFFS
AMENDED
COMPLAINT ARE NOT MAINTAINABLE
CLASS
AS
ACTION
TINDER
RULE 23
FEDRCIVP
II

III

THE DISTRICT
COURT WAS CLEARLY
CORRECT IN
DEFENDANTS
NOTION FOR SUMMARY
GRANTING
THE UNCONTROVERTED
JUDGMENT ON COUNT
FACTS ESTABLISHED
MATTER OF LAW
THAT AS
APPELLANT INMATES WERE NOT EMPLOYEES OF
PARKE DAVIS
CO OR THE UPJOHN COMPANY
WITHIN THE MEANING OF THE FAIR LABOR
STANDARDS ACT
THE

DISTRICT
COURT WAS CLEARLY CORRECT IN
MOTION FOR SUMMARY JUDGMENT
GRANTING DEFENDANTS
ON COUNT TI OF THE INMATES
THE
COMPLAINT
UNCONTROVERTED FACTS ESTABLISHED
THAT THE
INMATES
COMPANY
MEANING

IV

10

THE

WERE NOT EMPLOYEES
OF PARKE DAVIS
OR THE UPJOHN COMPANY WITHIN
THE
OF THE MICHIGAN
MINIMUM WAGE LAW OF

1964

21

DISTRICT

COURT WAS CLEARLY
CORRECT IN GRANTING
MOTION FOR SUMMARY JUDGMENT ON
COUNT III
AND IN CONCLUDING
THAT LAWFULLY
CONFINED
PRISON
INMATES
IN MICHIGAN
DO NOT OWN THEIR OWN
LABOR AND DO NOT HAVE
PRIVATE
CAUSE OF ACTION
FOR DAMAGES BY REASON OF THEIR WORK ASSIGNMENT
TO
RESEARCH CLINICS
LOCATED WITHIN
THE PRISON WALLS
OF
ALLEGEDLY IN VIOLATION
MICHIGAN STATUTE
TO PROTECT FREE LABOR FROM COMPETITION
DESIGNED
BY
PRISON
LABOR

DEFENDANTS

SUMMARY

OF ARGUMENT

24

24

TN MICHIGAN THE LABOR OF LAWFULLY
CONFINED PRISONERS BELONGS TO THE
STATE OF MICHIGAN

27

THE MICHIGAN
PRISON
INDUSTRIES
ACT
DOES NOT PROVIDE
DIRECT
OR INDIRECT
BASIS
FOR
PRIVATE
DAMAGE REMEDY

30

STATED PURPOSES

OF THE

ACT

UNDER

THE ACT

323

PLAINTIFFS
DO NOT HAVE
DAMAGE REMEDY UNDER THE

PRIVATE
ACT

33

EXPRESS

PLAINTIFF3
ACTION IN

PENALTIES

DO RIOT
TORT

HAVE

CAUSE

OF
36

PLAINTIFFS
UNDER

ARE PRECLUDED
FROM RECOVERY
CONTRACT THEORY
AN IMPLIED

HAVE NOT SUSTAINED
PLAINTIFFS
SHOW RECOVERABLE DAMAGES

AND

39

CANNOT
41
42

CONCLUSION
DISTRICT
COURTWAS CORRECT IN GRANTING
DEFENDANTS
MOTION FOR SUMMARY JUDGMENT ON
COUNT TV BECAUSE EVEN ASSUNTFLQ THAT THE
OF PLAINTIFFS
LABOR WAS
UTILIZATION
DID
CONTRARY TO MICHIGAN LAW PLAINTIFFS
THE

NOT SUFFER
DENIAL
OF ANY RIGHTS
STATES CONSTITUTION
BY THE UNITED

PROTECTED
44
48

RELIEFREQUOSTED

II

TABLE

OF AUTHORITIES

C4

CASES

PAGE

ANDERSON

SALANT

ANDREWES

AAS

BARNGRCVER

214

PETTIGREW
THOMSON

BEEGLE
322

BERKA

RI
NY

38

US

214

CAL 119

COFFIN

CO

REICHARD

DAVIS

DEMARCO
DICE

CAL

F2D

143

390

ET AL
NASHUA
APPEAL DISMISSED

PP

RYAN 116

FALLIS

UNITED

443

865

6TH

DR

1944

COUNTY

15

STATES

EXNPLOMENT

2D DIR

836

193

GOLDBERG

CF2D
491

GOODOHILD

1910

38

345

P2D

OF COFFEY

62

655

COUNTY

2329
1963

45

SUPP 846 DATE
1ST CIT 1946

1945
17

SUPP

39

780

COMMISSION

MD
15

PA 1967

MICH

45

APP 96
21

ARK 247

WHITAKER

178

1885

263

SECURITY

HOUSE

1961

28

HELENA

53

318

27

4ARIN

OF

MICH

GA

1968

CRITZ

DENIED

1968

DIN

9TH

CC

MFG

US

FOSTER

GREER

40

40

239

SE

COMMISSIONERS
782
1955

F2D

315

CART

1899

69

AND FOR

F2D

BOARD OF COUNTY
289
PFLD

RHAY

1905

46

KAN 523
DRAPER

39

904

1943

CORPORATION

1959

EDENS

NW

777

GOINGS

COURT IN

SUPERIOR
513

MR

2937

1915

423

104

57

GRAND RAPIDS
OPERATING
241 1927
BRICK

533

7TH

875

NW

CHATTAHOOCHEE

NW

108

IOWA

128

1910

425

34

WOODWARD 125

DOLDEN

96

255

F2D

138

1944

743

463

13

SW

764

COOPERATIVE

1890

INC

37
366

US
12

ERICKSON

GLENDALE

FERRY

375

CO

MICH

289

134

NW2D

191

1965

WALLING

113

F2D

616

8TH

21

CIR
17

III

CASES

PAGE

HART
HUDGINS
MARCH 18

AL

ET

TC

65

19717

CC

GUNN FURNITURE

HUNTLEY

1948

NW

130

79

SUPP

LUCAS

CENTRAL

277

145

MICH

SUPP
327

MEZULLO
MITCHELL

MASS

331

MALETZ

233

SHEPARD

PATTERSON

PRIOR

TOWNS

ALA

183

F2D

404
354

COAL IRON
1914

HOE ET

ND

39

CONN 1956

2D CIR

365

130

MICH

356

1954

SUPP

835

1959
34

IX

MINN

MICH

41

1862

36

1966

65

FLUTLER

3246

1959

NWQD 71

94

455

NW

85

INC

BREUER

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21
804

1901

1084

ET

AL

TC

10

16

9162826

1314

WALLING

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TERMINAL

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SANDENG

ET

GO

GIR

1914

112

38

1945

SILBERTSON

MD

8TH

695

NW

150

367

CO

ELMER
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472

659

AND

BRONK 126

THOMPSON

MICH

AM DEC

81

MUSKOVITZ

TENNESSEE

1906

667

64

NE2D

118

1967

12

MOREHOUSE

WYANDOTTE

192028

373

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F2D

CC

NORTHWESTERN KITE

1955

SIGLER

MICH

166

NW

FRD

CO

WIRTZ

WD MICH

110

338

108

MATTHIES
SEYMOUR MFQ
23
REVERSED ON OTHER GROUNDS 270

VAN

192029

34

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1911

662

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330

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217

UNITED

CO

US

6TH CIR

78

148

ED

US

389

1947

148

1943

PA 1963

191

12

1113
12

1967

3435

SEG

111214
171819

STATUTES
UNITED
FAIR

STATES

LABOR STANDARDS
AS AXNENDED 29

ACT

USC

29

USC

55251

ET

520L
SEQ

ET

2122
PT

CASES

PAGE

FLSA

S3D

MX

ELSA

3E

11

FLSA

53Q

11

ELSA

23

MICHIGAN

MCL
MCL
MCL
MCL
MCL
MCL

MSA 172552
40 382D
MSA 172552
80038 MSA 281407
800301
ET SEQ MSA 281521
SQOACS MBA 281525
M5A 281526
800306
IYCL
800310
MBA 281530
MCL 800311 MSA 281531
MCL 800314 MSA 28A534
MCL 800315 MSA 281535
408382B

22
21

2846
ET

SEQ

24

2445
2846
30

2832
33
33

RULES

FEDRGIVP

RULE

89

23

MISCELLANEOUS
SB

MOORE FED

PRAC23022

41

AM

JR

AND

58

AM JR

WORK AND

LABOR

510

41

98

CJS

WORK AND

LABOR

S12

36

PROSSER

PRISON

TORTS

2D ED 1969

PRISONERS

QD AD 1955

34

37

36

UNITED

STATES
FOR

TIFE

COURT
SIXTH

OF APPEALS
CIRCUIT

NO 711170

CALVIN

SIMS

RICHARD

ALLEN

FRANK

ROGERS BILLY

LEE

WALTER LEE BOYD SLAGER PETER GEORGE MILLS
LEE
WALKER CLEMONT DEDEAUX ORDELL VILBURN
WILLIAM
CLEARY HERBERT WILLIAMS
FRED HOLNAGEL
BENNY SPELLS
ICENNETH
RAYMOND
INMAN
BAILEY
ORCEAN DAVIS
JERRY MACK BOYD KELTON
THOMAS
LORD
RALPH WATSON CHESTER
PHITJLIP
SAWICKI
MAGHEE
WILLIAMS

VERNON
RALPH
I4EVIS
WARNER RONALD
TCENNEDY
PAUL ROSS HERMAN HEAD GERALD
NORMAN PAUL MILLER
THOMAS
LONNIE
MULLIGAN
PAYNE ROBERT MASON
GAYLORD
ESPICH
AND KENNETH
MARSHALL

PLAINTIFFSAPPELLANTS

CO

CO

PARKE DAVIS
THE UPJOHN
MICHIGAN
CORPORATION
DELAWARE CORPORATION
DEPARTMENT
OF CORRECTIONS
OF THE
STATE OF MICHIGAN
ELEANOR HUTZEL
JAMES
WADWORTR
ERNEST
BROOKS MAX FIBER
JOHN
FARL2EY
RICE
DUANE
WATERS FLORENCE CRANE JOSEPH
GROSS
ROBERT COTTON AND GUS
HARRISON

DEFENDANTSAPPELLEES

APPEAL
THE

FROM THE DISTRICT
COURT OF THE UNITED
EASTERN DISTRICT
OF MICHIGAN
SOUTHERN

PARKE

BRIEF
DAVIS

FOR DEFENDANTSAPPELLEES
COMPANY AND THE UPJOHN

STATES
DIVISION

COMPANY

FOR

PRESENTED

COUNTERSTATEMENT OF ISSUES
C4

WAS THE DISTRICT

TI

COUNTS

IT

UNDER

THE

INMATES

OF PLAINTIFF

CLASS

AS

FEDRCIVP

COURT

CORRECT IN

GRANTING

WERE NOT
WITHIN

DRUG COMPANIES
LABOR

ESTABLISHED

DISTRICT

COURT

CORRECT

FOR SUMMARY

IN

MOTION

BECAUSE

THE

UNCONTROVERTED FACTS

INMATES

WERE NOT

WITHIN

ESTABLISHED

MEANING

MICHIGAN

1964

COURT

CORRECT

IN

GRANTING
ON

MOTION FOR SUMMARY JUDGMENT

III

BECAUSE

UNDER

LAWFULLY

CONFINED

PRISON

OWN THEIR

OWN LABOR

OF ACTION

FOR DAMAGES

THE

UNCONTROVERTED

INMATES

IN

BY REASON

ALLEGEDLY

IN

DO NOT

PRIVATE

LOCATED
OF

CAUSE

WORK

OF THEIR

VIOLATION

FACTS

MICHIGAN

AND DO NOT HAVE

TO RESEARCH CLINICS

WALLS

II

THAT

OF THE

DISTRICT

PRISON

ON COUNT

JUDGMENT

THE

WAS THE

ASSIGNMENT

GRANTING

OF DEFENDANT DRUG

WAGE LAW OF

COUNT

FAIR

EMPLOYEES

MINIMUM

DEFENDANTS

OF THE

THE MEANING

DEFENDANTS

COMPANIES

OF DEFENDANT

EMPLOYEES

ACT

STANDARDS

WAS THE

ON

MOTION FOR SUMMARY JUDGMENT

INMATES

THAT

RULINQ

BECAUSE UNCONTROVERTED FACTS

COUNT

TV

IN

23

RULE

DISTRICT

DEFENDANTS

III

IV

CORRECT

NOT MAINTAINABLE

ARE

WAS THE

THAT

AND

III

COMPLAINT
ACTION

COURT

WITHIN

THE

MICHIGAN

STATUTE

TO PROTECT

DESIGNED
BY

COMPETITION

FREE

LABOR

FROM

LABOR

PRISON

C4

WAS THE

DISTRICT

DEFENDANTS
TO COUNT

IV

COURT CORRECT

MOTION
BECAUSE
OF

TO MICHIGAN

LAW

RIGHTS

CONSTITUTION

EVEN

INMATES

UTILIZATION

ANY

FOR SUMMARY

THEY

PROTECTED

IN

JUDGMENT

ASSUMING

LABOR
SUFFERED

BY THE

GRANTING

THAT

AS
THE

WAS CONTRARY
NO DENIAL

UNITED

STATES

OF

COUNTERSTATEMENT OF

CASE

TILE

C4

OF THIS

FOR PURPOSES

PARKE DAVIS

APPELLEES

INMATES

PLAINTIFF

ACCEPT
THEIR

BRIEF

FACTS

ARE

PLANNED

CAREFULLY

VERY

BY THE

REQUIRED

FEDERAL

FOR THE

TEST

THE

TEST

EXPERIENCED

HIGHLY

OF TECHNICAL

ASSIGNED

PRISON

PERFORM

VARIOUS

JANITORIAL
OPERATING

25A

PP

36A
58

ET

MEDICAL
TESTS

INMATES
TASKS

TASKS

SEQ

ACTUALLY

RANGING

APP

APP

COPY ATTACHED

INMATES

CONDITION

ARE

VOLUNTEERS

HAVE

RUN UNDER

MICHIGAN

TO WORK AT

ONLY

PERSONNEL

DRUG COMPANIES

THE

OF THE

THE

SUPERVISION

WHO WORK AT

PRISON

RESEARCH

THE

COMMISSION
CLINICS

HAS

TO

FROM COMMON LABOR

SEMITECHNICAL

TO

EEG MACHINE

HEREAFTER

ARE

THE

DRUGS AS

AND MONITORED BY

DEVELOPED
SCIENTIFIC

PRISON

OF

PHYSICAL

AND

OF THE

PERSONNEL
JACKSON

IN

CLINICS

ARE

OF

LAWSUIT

OF THE

PART

UNCONTROVERTED

CONSIST

CLINICS

INMATE

IN

FORTH

REVIEW

FOR

TESTING

THESE

SET

FOLLOWING

AT THE

EXCELLENT

IN

PROGRAMS

THE

DRUG COMPANIES

NOT

DEFENDANTS

CASE

DRUG ADMINISTRATION

PROGRAMS

AND ARE

NO COMPLAINTS

COMPANY

UPJOHN

PRESENTED

AND SUPERVISED

AND WHO ARE

WHO VOLUNTEER
ACCEPTED

ISSUES

RESEARCH CONDUCTED

THE

THE

HOWEVER

TO THE

RELEVANT

THE

OF THE

STATEMENT

ADDITION

IN

AND

UPJOHN OR SIMPLY

AND

DAVIS

PARKE

HEREAFTER

COMPANY

DEFENDANTS

ONLY

APPEAL

WORK
BRIEF

TO ILAINTIFFSAPPELLANTS
SEE BUSINESS
ALL

THE

WEEK JUNE

PLAINTIFFS

27

1964

ARE MEMBERS

OF THIS
IN

LATTER

ADDITION

IN

GROUP

TO THE

THIS

LAW SUIT

PAY CREDITED

SEEK

THEY

TO THEIR

COMPENSATION
ACCOUNTS

RESPECTIVE

LII

PRISON

BY THE MICHIGAN

THE
INVOLVED

IN

AND DETENTION

IMPRISONMENT

THIS

OPERATED

WITHIN

WALLS OF JACKSON

THE

PROVIDE

CONDITIONS

BECAUSE

THE

CLINIC
TIMES
PRISON

APP

THE

112A

NEW

THE

TO

BE HIGHLY

INMATES

ON
AT

FACILITIES

NON

112A

EDUCATIONAL

RATES

WHICH

AND

IN

FOR

INMATES

THE

CLINICS

APP

HAS BEEN

FACT

IN

TO WORK AT

THE

HAND MANY OF

OTHER

REHABILATATIVE

HAVE

BEEN

OPPORTUNITIES

CONSIDERED
BY THE

112A

ASSIGNMENT TO THE RESEARCH

WERE PAID

COMMISSION

FOR COMPARABLE

DESIRABLE

ON THE

ASSIGNMENTS

PRISON

THEREFORE

CLINICS

REQUESTED TO BE ASSIGNED

CLASSIFICATIONS

RESPECTIVE

CORRECTIONS

ASSIGNMENTS

ON MOST OTHER

CORRECTIONSCOXNNIISSICN

FACILITIES

RECREATION

TO

APP

CLINICS

DAILY

THE

RELATIVELY

INMATES

INMATES

FREQUENTLY

SPECIFIC

STATE

THAN

ASSIGNMENT

BY THE

VALUABLE

PRISON

LOCATED

AND GENERALLY

GOA

OTHER

TO

RESEARCH

THE

ARE

UPJOHN

APP

PRISON

SPECIAL

ENJOY

PERSONNEL

RESEARCH

ARE

AND

PLAINTIFFS

FOR

FOOD MORE FREEDOM AND MORE CONTACT WITH

BETTER

INMATES

DAVIS

SUPERIOR

FACILITIES

ASSIGNMENT

REGARDED

BY PARKE

INMATES

P41

BRIEF

PLAINTIFFS

FACILITIES

OF ALL

BRIEF

PROCEEDING WAS LEGAL

HEREAFTER

APPELLANTS

COMMISSION

BY THE CORRECTIONS

ACCOUNTS
AND ARE

WORK ON OTHER

COMMISSION

WERE ESTABLISHED

SOMEWHAT HIGHER

PRISON

ASSIGNMENTS

INTO

BY THE

THAN

RATES

APPLLLA12A

THE
THEIR

DIRECTOR

OF EACH AND

ASSIGNMENT

TASKS

RESPECTIVE

PRISON
THE

ACTUAL

WITHIN

JACKSON
ACTING

WITH

COMMITTEE

APP

109A

CLASSIFICATION

NAMED INMATES

UPJOHN

SOME WERE GRANTED BY THE

INMATES
THE

APP

DENIED

HAVE

BEEN

HAVE

BEEN

TO

ASSIGNED

APP

LLOA

124A

THEIR

PRIOR

KNOWLEDGE OR APPROVAL

125A

CERTAIN

INDEED
TASKS

FACILITY
EXPRESS

WHILE

WISHES

CALL

DAVIS
AT

OF THE

ANY TIME

124A

REASONS

BY THE

INSTRUCTIONS

AND

COULD

BE

APP

125A

COULD

REMOVED

BE GIVEN

42A

LILA

TO RESEARCH

AGAINST

APP

THE

124A25A
THE

HE WAS SUBJECT

APPLLOA
AUTHORITY
TIME

WITHOUT

OFF

TASKS

ASSIGNED

RESEARCH

FACT

WERE VETOED BY THE

PRISON

HIS

TO
HOURS

APP 28A
FOR VARIOUS

THE APPROVAL

APP 124A25A
BY THE

WITHOUT

TO EITHER

ASSIGNED

BY PRISON

AUTHORITY

WITHOUT

ASSIGNED

ADMINISTRATORS

ADMINISTRATOR

IN

BEEN

CERTAIN

ADMINISTRATORS

29A

BEEN

OFFICIAL

PRISON

AND

APP

BY ANY PRISON

AND
AND

REMOVED

HAVE

HAD BEEN

APPROVAL

DAVIS

CONVERSELY

CLINIC

OF

FOR

REQUESTS

BEEN

FACILITY

AND HE

RESEARCH CLINIC

HAVE

RESEARCH

TO THE

39A40A

HAVE

CLINIC

INMATE

OR UPJOHN

WERE SUBJECT

INMATES

AND OTHERS

ONCE AN
PARKE

OTHERS

THE

THE

ASSISTANCE

RESEARCH CLINICS

OF

TO

MADE BY

AUTHORITIES

PRISON

THE

KNOWLEDGE OR APPROVAL

PRIOR

THE

123A24A

109A

IS

MADE BY PARKE

CERTAIN

SOME WERE

PRISON

OF TREATMENT

INMATE

EVERY

OF THE

SPECIFIC
FACILITIES

AUTHORITY

IN

DAYTODAY
ASSIGNED
THE

SHORT AS NOTED BY THE DISTRICT

SUPERVISION

TO THE

INSTRUCTIONS

RESEARCH

AUTHORITY

OVERRIDING

EXERCISED

BY PARKE

THEIR

AUTHORITY

TO INMATES

DAVIS

FACILITIES
OF PRISON

COURT THE

OR UPJOHN

WAS ALWAYS
OFFICIALS

TO DISAPPROVE

THE

OF

INMATES

SUBJECT

TO

WHO FREQUENTLY
DRUG

COMPANIE

ARGUMENT
C4
CO

THE
THAT
ARE

II

COUNTS

AND

NOT MAINTAINABLE

AS

INMATES

COULD

DEMONSTRATE

THAT

THE

THAT

MEMBERS

IS

NOT

THE

ACTION

CLASS

AS

SUCH

TO

THE

ACTION

THE

IS

THAT

MAKE

26

THE

PLAINTIFF

ACTION

IS

OF

IS

23

DISTRICT
AND

THAT

THEY

THAT

TV OF THEIR
HAD

FAILED

TO

WAS SATISFIED

23

THAT

FEDRCXVP

COURT

JOINDER

OF ALL

NOT

ITS

OF RULE

23

THEIR

OF THE

HAVE

ED 1969

MAINTAINABLE

AUTOMATICALLY
COMPLAINT

TRIAL

RULES

THE
BEEN

MEE

THRESHHOLD

TO ESTABLISH

COURT THAT THE

AND THAT
SEE 3B

ALL

MOORE RED PRAC

REQUIREMENT

CLASS

ALLEGED

IT

DESIGNATES

COURSE ON THE PLAINTIFFS

SATISFACTION

THE MEMBERS OF THE

JOINDER

CLEARLY

RULE

III

OF RULE

SO NUMEROUS

ONE CONTEMPLATED BY

PREREQUISITES

23022

II

WAS SIMPLY

REQUIREMENT
IS

UNDER

OF THE

COUNTS

MERELY BECAUSE

BURDEN

REASONABLE
IS

ACTION

AMENDED COMPLAINT

ACTION

RULING

RULING

IN

IMPRACTICABLE
PLAINTIFFS

AS

CLASS

PURSUE

CLASS

CORRECT

OF PLAINTIFFS

IV

FOR THE

CLASS

AS

COMPLAINT

IE

BASIS

WAS CLEARLY

COURT

III

THE
THE

DISTRICT

OF RULE

BE SO NUMEROUS

AS

23

TO

IMPRACTICABLE

RULING

CORRECT
INMATES

NOT

BY THE
UNTIL

PROVIDE

DISTRICT
ORAL

THE

COURT

ARGUMENT

COURT

WITH

ON THIS
DID

COUNSEL

ANY HINT

WAS

POINT
FOR

AS TO

THE

SIZE

APPROXIMATE

OF

COMMENT WAS BASED
COURT

NOTED

IN

USED TO ESTABLISH
TO MAKE

MATTHIES

OPINION

THAT

MFG

REV ON OTHER GROUNDS

CORP
THE

ORDER SHOULD
ACTION
PARKE

277

PLAINTIFF
WITH

LEFT

AND

CLASS

F2D
338

OPEN

THE

IS

DISTRICT
CANNOT

BE

SO NUMEROUS

AS

64

THAT

1968

DCONN 1958
1959

OF REVISING

DEMONSTRATE

BE AFFIRMED

THAT

ITS

THEIR

23

UPJOHN

DISTRICT

COURTS

OF RULE
THE

LUCAS

APP 189A90A

1967

POSSIBILITY

LATER

CIRCUMSTANCES

SURROUNDING

2D CIR

DMINN

REQUIREMENTS

SHOULD

THE

2D CIR

836

365

THE

SUBMIT

THE

FRD

23

INMATES

RESPECTFULLY

ORDER WAS PROPER

F2D

CO

FSUPP

COURT

COMPLIES
DAVIS

UNDER

390

270

AS

H6WEVER

PROSPECTIVE

EDENS

SEYMOUR

SEAGRAVE

SPECULATION

UPON PURE

ITS

AND COUNSELS

CLASS

ALLEGED

IMPRACTICABLE

JOINDER
DEMARCO

CITING

THE

AND

IT
C4
C4

THE

DISTRICT

PLAINTTFF

OR PARKE
STANDARDS

FACTS

INMATES
DAVIS

CO

WTTHIN

THE

OF THE

COMPANY

UPJOHN

MEANING OF THE FAIR

LAW

LABOR

ACT

THE

INTERROGATORIES

FOLLOWING

THE

TN GRANTING

MATTER OF

THAT

EMPLOYEES

WERE NOT

CORRECT

JUDGMENT ON COUNT

ESTABLISHED

AFTER REVIEWING
TO

WAS CLEARLY

FOR SUMMARY

MOTION
UNCONFLTOVERTED

COURT

FACTS

HAD

BEEN

PLEADINGS

DISTRICT

AFFIDAVITS

COURT

ESTABLISHED

CONCLUDED

AND ANSWERS
THAT

BY UNCONTROVERTED SWORN

TESTIMONY

NOT THE DRUG
OFFICIALS
PRISON
DECIDE
WHICH INMATES
WILL
COMPANIES
WORK IN THE CLINICS
AND INMATES
HAVE
BEEN ASSIGNED
TO THE CLINICS
DESPITE
THE DISAPPROVAL OF THE DRUG COMPANIES
NOT THE DRUG
PRISON
AUTHORITIES
DETERMINE
WHEN INMATES
WILL
COMPANIES
TO THE
BE REMOVED FROM THEIR
ASSIGNMENT
AND INMATES
HAVE BEEN SO
CLINICS
OF THE
REMOVED WITHOUT THE APPROVA
THE
TASKS
DRUG COMPANIES
PARTICULAR
INMATES
IN
THE
PERFORMED BY
WORKING
CLINICS

MUST

BE APPROVED BY PRISON
THE HOURS WORKED BY
TO THE APPROVAL OF
INMATES
ARE SUBJECT
INMATES WORKING IN
PRISON OFFICIALS
THE CLINICS
MAY BE GIVEN TIME OFF FROM
THEIR
TASKS BY PRISON OFFICIALS
WITHOUT
THE CONSENT OR KNOWLEDGE OFDEFENDANT
THE INMATES
ARE
DRUG COMPANIES
BY DEFENDANT
DRUG COMPANIES
SUPERVISED
IN THE DAYTODAY PERFORMANCE OF THEIR
WORK AT THE CLINICS
APP 20JA

OFFICIALS

10

THE

BASED

UPON THOSE

COURT RULED

THAT

EMPLOYEES

OF THE

C4

FAIR
29

LABOR

INDIVIDUAL

ACT

HAS BEEN
OF JUDICIAL

EMPLOYEE

AND

THE

WITHIN

OFTEN

ANY

AMENDED

AS

ISSUE

WHETHER

FIRM

WE THEREFORE

UPON WHICH

ITSELF

THE

PARTICULAR

INTERPRETATIONS

FLSA

OF THE

FLSA

EMPLOYEE OF

EMPLOY

DISTRICT

WERE NOT

THE MEANING

20119

PASSAGE OF FLSA

LITIGATED

THE

LAW THE INMATES

USC

29

HEREAFTER

THE

WAS THE

OF

DRUG COMPANIES

25162
SINCE

BODY

MATTER

STANDARDS

USC

PERSON

AS

FACTS

UNCONTROVERTED

DEFINES

OF

THE

TO

RELY

AN

OR ANOTHER

HAVE

AVAILABLE

EMPLOYER

TERMS

EMPLOYER

GIVEN

AS

INCLUCLING

PERSON ACTING

DIRECTLY
OR
IN THE INTEREST
OF AN
TO AN EMPLOYEE
EMPLOYER IN RELATION
INDIRECTLY
FTJSA

3D

ANY
FLSA

INDIVIDUAL

3E

AND FINALLY

TO
FLSA

SUFFER

3G

LITERAL
THE

ACT

203D

EMPLOYEE INCLUDES

AN

IN

USC

29

29

EMPLOYED BY AN
USC
203E

THE

TERM

OR
29

USC

WOULD ENCOMPASS

EMPLOY INCLUDES

PERMIT

TO

WORK

OF THE

APPLICATION
ALL

EMPLOYER

DEFINITIONS

EMPLOYED

HUMANITY

CONTAINED
WALLING

THE INMATES
CONTENTION
THAT THE ESPICH
AFFIDAVIT
ISSUE
OF MATERIAL
GENUINE
FACT
PLAINTIFFS
BRIEF
PP 1718 IS WITHOUT MERIT AND WAS PROPERLY DISPOSED OF BY THE
DISTRICT
COURT
APP 197A98A
THERE IS NO HINT WHATSOEVER
IN
THE ESPICH
AFFIDAVIT
AS TO HOW HE ALLEGEDLY
OBTAINED
PERSONAL
KNOWLEDGE OR THE COMPETENCY TO TESTIFY
WITH RESPECT TO THE
INTERNAL
ADMINISTRATIVE
OF JACKSON PRISON OR THE
REGULATION
TERMS OR CONDITIONS
OF THE UPJOHNPARKE
DAVIS
WITH
RELATIONSHIP
THE PRISON
AUTHORITY
APP 178A79A
PRESENTED

11

SAND
THEREFORE

TEST

33

1961

1963

THE MORE

IS

EXPRESSED

NOT

IS

THE

IN

DICTATE

THE

PARKE

CLASSIFY

THE

RESEARCH

CLINICS

IGNORE

INCARCERATED

MICHIGAN

PARKE

DAVIS

OF PARKE

WHAT DOES

AND

UPJOHN

AND

REALITY

THEIR

TO

PA

SUPP

835

83

CONTROL

ECONOMIC

APPEARS

ECPRESS

OF PARKE

WHOSE LABOR

REALITY

TO BE

PERSONNEL

WHILE

AND

ANY
WITH

TIME

OR XMPLXED

OR UPJOHN

SO ASSIGNED

WITHIN

12

CANNOT
THE

IS

IS

TO

OF
RESEARCH

CONTROLLED

ONLY WITHIN

OF MICHIGAN

WHO CANNOT

WHOM THERE

STATE

WHO ARE

BY THE STATE

TO THE

LAWFULLY

TO DEFENDANTS

STATE

OR CONSENT

AT

OR UPJOHN

TO THE

BELONGS

TO

AUTHORITY

PRISON
DAVIS

HERE
THAT

SUBMIT

COMMON SENSE

THE

BY

SITUATION

COMMON SENSE

KNOWLEDGE

STATE

THE

OF

BY THE

DEFY

ESTABLISHED

OR UPJOHN

DAVIS

EM

SITUATION

THE

RESPECTFULLY

ASSIGNED

EMPLOYEES

OR UPJOHN

COMPENSATXON

130

28

154

148

RATHER

CASE

HELP

AS

BE REMOVED BY THE
DAVIS

BUT

REALITY

INSTANT

FRAMEWORK OF RULES

PARKE

US

366

OF THE

ECONOMIC

WHO MAY BE ASSIGNED

DAVIS

INC

FURTHER

YARDSTICK

PRISONERS

WITHOUT

CLINICS

THE

INMATE

ECONOMIC

REALITY

COMMON SENSE

WHAT IS
INVOLVED

ECONOMIC

CC

REALITIES

POINT

ON

OPINIONS

SUPP

217

ECONOMIC

ABSOLUTE

AZI

GOOPERATIVE

COURTS

AND

FOR APPLICATION

TESTS

TERMS OF

IN

TECHNICALITITES

LEGAL

FOR PLAIN

SYNONYM

1943

JUDICIAL

NORTHWESTERN KITE

1955

THAN

RECENT

SILBERTSON

MITCHELL

RATHER

HOUSE

WIRTZ

MINN

TEST

IN

WHITAKER

GOLDBERG

GTHCIR

21

DEVELOPED MORE MEANINGFUL

HAVE

PROPER

FAD 72

136

ISSUE

TO THIS
THE

AL

ET

BE

FIRED

BY
THE

WHO MAY
BY

NO AGREEMENT FOR

POSSIBLY

MEANING OF THE

BE

EMPLOYEES

ELSA

FACTORS

MANY
C4
C4

IN

VARIOUS

WHICH

CASES

BE CONSIDERED
IN

PERSONS

THE

AL

ND

QUESTION

EMPLOYEES
BY THE
COURT

WHO HAS

THE

RETAIL

INC

BREUER

1945

IN

SALESMEN

ET

THESE
AND

HIRE

AL

AL

ET

OF BEER

TRUCKS

OR WHETHER
HIRED

WHO ACTUALLY

FACTORS

FIRE

LC

10

THE

PAR

WHICH

INVOLVED

WERE THE

THEY

AND

OF

SUPRA

SANDERS

WALLING

DISTRIBUTOR

BEER

TO

SANDERS

OF WHETHER DRIVERS

OF THE

OF

OF

STATUS

EMPLOYMENT

RIGHT

WA1LIN

ELMER
OHIO

THE

THE MOST IMPORTANT

QUESTION

VAN 1LEEET

62826

IS

ALL

EMPLOYEE ISSUE

DETERMINING

INDIVIDUALS

PARTICULAR
TO

IN

AND DISCUSSED

SUGGESTED

THIS

INVOLVING

RELEVANT

ARE

BEEN

HAVE

WERE EMPLOYED

PAID

THEM THIS

STATED

THE

IN COMMON
THE
EXPERIENCE
IS
TO
ASCERTAIN
WHO
HAS
EMPLOYER
ON HIS OWN ACCOUNT TO HIRE
AUTHORITY
AND FIRE
136
AT 81
USUAL

TEST

BY

WHICH

MEN DETERMINE

AFTER

RULING

EMPLOYED
THE

THAT

BY THE

DEFINITIONS

AS

MATTER OF

DISTRIBUTOR
PROVIDED

IN

THE
THE

IN

LAW

COURT

ACT

AS

THE

DRIVERS

WENT ON TO COMMENT ON

FOLLOWS

THE WORD
SO BROADLY DEFINING
CONGRESS UNDOUBTEDLY HAD
COMPLAINANTS
PURPOSE TO RELIEVE
OF THE NECESSITY OF PROVING
THE
CONTRACT OF EMPLOYMENT
ADMINISTRATOR DESIRES
US TO CONSTRUE
EMPLOYEES SO AS TO INCLUDE NOT ONLY
THOSE WHO WORK FOR AN ACCUSED
EMPLOYER BUT ALSO THOSE WHO WORK
THIS
FOR ANYBODY ELSE
MANIFESTLY
WOULD ENCOMPASS ALL EMPLOYED
137 F2D AT 91
HUMANITY

EMPLOY

13

WERE NOT

IN

C4

HAVE

THE

NEITHER

INMATES

ASSIGNED

BY THE
OR

KNOWLEDGE
INMATES

THE

BY

HAVE

NOR THE

RIGHT

STATE

INMATES

HAVE

OF PARKE

INMATE

UPJOHN

HAD

REQUESTED

UPJOHN

ASSIGNMENT

CLEARLY

RIGHT

OR POWER TO HIRE

OR

THIS

THE MOST COMMON

TEST

INMATES

THE

IN

ET

IN

THE

DAYTODAY

TO

THE

RESEARCH CLINICS

DUTIES

THE

AND

INSTITUTIONAL

ON THE
HAVE NO

JUDGED

BY

DO NOT EMPLOY

INMATES

OR UPJOHN

AN

ELSEWHERE

AND UPJOHN

THE

CONTROL

AL

SIMPLY

AS THAT

TERM IS

SUBJECT

TO APPROVAL

SUBJECT

OFFICIALS

EVEN

THE

DAVIS

STRICT

IS

OF THE

WHICH CALLS

OR
OF

UPJOHN
THE

AUTHORITY

BY FREQUCNT
MUST

ASSIGNED

THE VARIOUS

DAVIS

DIRECTION

PRISON

SUPRA

LIMITS

OR UPJOHN

BY PARKE

ROUTINE

TNC
INMATES

TASKS
VERY

TO INTERRUPTION

14

FORCE

WORKING

DREUER

OF THEIR

ESTABLISHED

THE

BY NO MEANS CONCLUSIVE

ARE WITHIN

BUT

IS

OF

ELMER

BASIS

PERFORMANCE

PERSONNEL

DRUG COMPANIES

DAVIS

PERFORMANCE

ARE NECESSARILY

ALWAYS

PERSONNEL

CONVICTS

THE CLINICS

THE PRIOR

REMAINED

DAVIS

TO

ASSIGNED

WITHOUT THE PRIOR

ASSIGNED

THESE

AND CONTROLLED BY PARKE

ROUTINE
IS

FIRE

FACTOR ALTHOUGH

VAN FLEE

DIRECTED

PARKE

OF PARKE

DIRECTION

RELEVANT

SEE

BEEN

OR UPJOHN

BE REMOVED

THE

FLSA

THE
ALSO

TO

ASSIGNED

EMPLOYEES

WERE NOT
USED

DAVIS

UPJOHN

TO FIRE

OR UPJOHN

WHO WERE REQUESTED HAVE BEEN

INMATES

THE

DAVIS

REMOVED FROM ASSIGNMENTS

BEEN

AND

OF TREATMENT WITHOUT

OF PARKE

OR APPROVAL

KNOWLEDGE

DAVIS

TO HIRE

DIRECTOR

APPROVAL

PARKE

SITUATION

THE RIGHT

CLINICS

THE

INSTANT

INMATES
AND

CALLS

BE HONORED

ON

FROM

THIS
C4

FURTHER

ARE

APPELLANTS

THE

EMPHASIZES

OF

INMATES

STATE

SITUATION

OF THE

REALITY

WHO ARE

PRISON

UNDER

LII

THESE

MEN ARE NOT

IS

AND ANY

THE

BY THE

TRUSTY

PRISON

INMATES

CONTROL

LIMITED

COMPLETELY

THE

CONTROL

ARE

BY THE

OF JACKSON

THEREFORE

DAVIS

RULES

EVEN

PRISON

AUTHORITY

WORK

DETERMINATION

THE WALLS

OR PARKE

BY UPJOHN

ASSIGNED

NOR ON OUTSIDE

HAS MADE THE

WITHIN

BY PRISON

AUTHORITY

PRISON

DIVISION

AUTHORITY

MEN MUST BE CONFINED

THESE

PRISON

IN

THE

ASSIGNMENTS
THAT

AND

DIRECTION

CONSTANT

THE HOURS

DURING

TO THE

CLINICS

MOREOVER THE HOURS DURING
WORK ARE
IS

WITH THE

CHARGED

AND

ASSIGNMENT
INMATE
IT

IS

DISAPPROVED

CLEAR

THAT

PARKE

ASSIGNED

TO

INSIDE

WARDEN WHO

DEPUTY

HOURS OF

PARTICULAR

JOB

OF AN

CLINIC

UPJOHN

BY THE PRISON

WITHIN

THE

THE

AND

MAY

DISAPPROVED

RESEARCH

DAVIS

AN INMATE

CUSTODY OF INMATES

AND

ONCE HE HAS

WHO WAS ASSIGNED

INMATES

THE

HAS

BY THE

SECURITY

MORE THAN

PRISON

THE

TO APPROVAL

SUBJECT

WHICH

IN

DIRECT
IN

AUTHORITY

SHORT

AND CONTROL

ONLY

VERY

NARROW SENSE

ANOTHER FACTOR
OF WAGES OR OTHER
COMPRISED

PAY
IF

IE

ANYONE

OF TWO
IS

ASPECTS

ACTUALLY

FIRST

IS

WAGE LIABILITY

MAKES THE

WITH

THESE

INVOLVES

THIS

COMPENSATION

THERE

DEALING

OF IMPORTANCE

FACTOR
THERE
AT

PAYMENTS

ASPECTS

15

IN

IS

THE

PAYMENT

REALLY
TO

ANY OBLIGATION

ALL

AND

SECOND

WHO

FOR WORK PERFORMED

THAT

ORDER IT

IS

CLEAR

THAT
TO

LIABILITY

AFFINGEM

I8

UNDER

INMATES
WITH

THE

FOR LABOR

STATE

1901

NA1OB4

WARDEN OF JACKSON

THE

PRISON

FOR

USED IN

THE MANUFACTURING

PRISON

PLAINTIFF

ON 576
HE

DAYS

HAD BEEN

MICHIGAN

IN

OF

LAW

MICHIGAN

IN

DEFENDANT
THE

HOLDING

HIS

THE

SUIT

DEFENDANT

IF

THE
PROMISE

OF

CONVICTS

300

AFTER

INCARCERATED

FOR THE

CONTRACT WITH

HAD

LABOR

HIS

VALUE

ON THE
THE

THE

TO BE

RELEASE FROM
OF

HIS

SERVICES

ALLEGATION

SUPREME

COURT

STATED

LAW RAISES
AN UNPLXCATION
OF
TO PAY PLAINTIFF
FOR THESE
IT CANNOT BE AN IMPLICATION
SERVICES
OF FACT BUT
FICTION
IT
IS
CLEAR
THAT DEFENDANTS
HAD NO THOUGHT OF
SERVICES
FROM PLAINTIFF
TO
ACCEPTING
BE COMPENSATED IN ANY OTHER WAY THAN
UNDER THEIR
EXPRESS CONTRACT WITH THE
WARDEN IT IS SAID IN SOME CASES
WHERE THE DEFENDANT IS GUILTY
OF
WRONG THAT THE LAW WILL RECOGNIZE AN
OR MORE ACCURATELY SPEAKING
IMPLIED
CONTRACT AND ENFORCE
CONSTRUCTIVE
IT
CITATION
OMITTED
BUT WHERE
ALL
THE CIRCUMSTANCES
IMPLICATION
REPEL
OF
IN
PROMISE
FACT THE LAW WILL NOT
IMPLY
PROMISE UNLESS SOMETHING HAS
OF
BEEN DONE ON WHICH AN IMPLICATION
PROMISE CAN BE RESTED AS IN THE CASE
OF
SALE OF PERSONAL PROPERTY BY
TORT FEASOR WHO THEN BECAME LIABLE
TO
FOR MONEY HAD AND RECEIVED
AN ACTION
THESE DEFENDANTS
CITATION
OMITTED
WITH
THIRD
CONTRACTED
PARTY FOR
LABORERS
UNDER SUCH CONTRACT
THE
THIRD
CERTAIN
LABORERS
PARTY FURNISHED
THE
AMONG THEM THE PLAINTIFF
DEFENDANTS PAID TO THE THIRD PARTY THE
CONTRACT PRICE FOR THE LABOR SO SUPPLIED
NO CONTRACT RELATIONS
EXISTED
BETWEEN THE
TO THIS
SUIT
THERE WAS NO
PARTIES

16

MICH

BRONK 126

THOMPSON

SUED DEFENDANT FOR

UNLAWFULLY

BY THEM UNDER

PERFORMED

OF SHIRTS

LABOR BASING

PARTY HAS NO

PRIVATE

THAT
OF

THEM

THEY WERE NOT
COMING TOGETHER
CONSENTING BARGAINERS
MANIFESTED BY
IN CONTRACT RELATIONS
CONDUCT ACT OR
SOME INTELLIGIBLE
WHOLE
TRANSACTION WAS
AND
THE
SIGN
BROUGHT ABOUT AND ACCOUNTED FOR BY
CIRCUMSTANCES REPELLING
EVERY POSSIBLE
OF CONTRACT RELATIONS
IMPLICATION
127 MICH
AT 45657
BETWEEN

PRIVITY
C4

IN

DNH
THE

1945

COURT

THAT

HOLDING

WITH
THE

THEY

THE

ISSUE

CITY

OF

CO

NOT

SUPP

62

1ST CIR

F2D

OF WHETHER CERTAIN

NASHUA

BUT

WERE EMPLOYEES

PREMISES
WERE

MFG

154

DISMISSED

BY

DEFENDANTS

PROTECT
IN

WAS FACED

NASHUA

AL

APPEAL

AND TRAINED

HIRED

ET

DUGAS

THE

ASSIGNED

1946

GUARDS
TO

OF DEFENDANT

NOTED

COURT

846

THATT

THE

PURPOSES AND AIMS OF THE IRAIR
AND
STANDARDS ACT ARE SOCIAL
REMEDIAL
IT WAS NET ITS
PURPOSE TO
BUT
CREATE NEW WAGE LIABILITIES
WHERE SUCH IITHTED
TO MEASURE THEM
BY THE STANDARDS FIXED BY
62
SUPP AT 849 EMPHASIS ADDED
LABOR

LAW

UPJOHN
ACT

IS

AND PARKE

INAPPLICABLE

TO

WOULD BE TO CREATE
AL

GLENDALE

FERR CO

WHERE

THE

MFG

SUBMIT

RESPECTFULLY

CO SUP
132

WALLING

F2D

WHERE NONE EXISTED
SEE ALSO
616

AN EMPLOYEE AS
ANY
INDIVIDUAL
EMPLOYED BY AN EMPLOYER
AND THE WORD EMPLOY AS USED IN THE
TO SUFFER OR PERMIT TO
ACT INCLUDES
WORK
BUT SINCE THE OBVIOUS
PURPOSE OF THE ACT IS TO ESTABLISH

17

HELENA

8TH CIT

COURT NOTED

THE ACT DEFINES

THAT

THE

TO HOLD OTHERWISE

INSTANTSITFLATIOFL

NEW WAGE LIABILITY

NASHUA

DUGAS ET

THE

DAVIS

1942

MINIMUM WAGES AND MAXIMUM HOURS THE
WORDS LAST QUOTED CANNOT BE
TO INCLUDE
AS AN EMPLOYEE
INTERPRETED
ONE OVER WHOSE HOURS OF LABOR THE
ERFLPLOSER HAS NO CONTROL
AND TO WHOM
THE EMPLOYER IS UNDER NO
TO
132
F2D
AT
620
WAGES
PAY

6BLI

ADDED

EMPHASIS
THE

TRAINEES

JUSTICE
ASSIGNED
FOR

THE

STATES

TO WHOM THE

ANY PAYMENTS
PORTLAND

UNITED

SUPREME

ALLEGED

COURT

TERMINAL

CO

330

US

148

THE

OPINION

CLEARLY

INDICATES

TO THE

CLINICS

ARE NOT

COVERED

REASONS EXPRESSED

IN

FLSA

1947

BLACKS

VERY

THAT

HAD NOT EXPECTED

EMPLOYER

COULD NOT RECOVER UNDER

HAS RULED

BY THE

PORTLAND

WALL

LANGUAGE
THAT

TO MAKE

THE

FLSA

FROM

INMATES
IN

PART

TERMINAL

3G

SECTION
OF THE ACT DEFINES
EMPLOY
AS INCLUDING
TO SUFFER OR PERMIT TO WORK
AND
DEFINES
EMPLOYEE AS ANY
INDIVIDUAL
THE
EMPLOYED BY AN EMPLOYER
DEFINITION
SUFFER OR PERMIT
TO WORK WAS
NOT INTENDED
TO STAMP ALL PERSONS
OBVIOUSLY
AS EMPLOYEES WHO WITHOUT
ANY EXPRESS OR
IMPLIED
COMPENSATION AGREEMENT MIGHT WORK
FOR THEIR
OWN ADVANTAGE ON THE PREMISES
OF
ANOTHER
OTHERWISE
ALL STUDENTS WOULD BE
EMPLOYEES OF THE SCHOOL OR COLLEGE THEY
AND AS SUCH ENTITLED
TO RECEIVE
ATTENDED
MINIMUM WAGES
SO ALSO SUCH
CONSTRUCTION
WOULD SWEEP UNDER THE ACT EACH PERSON WHO
WITHOUT
PROMISE OR EXPECTATION OF COMPENSATION
BUT SOLELY
FOR HIS PERSONAL PURPOSE OR
WORKED IN ACTIVITIES
CARRIED
PLEASURE
ON BY
OTHER PERSONS EITHER
FOR THEIR
PLEASURE
OR
BUT THERE IS NO INDICATION
FROM THE
PROFIT
LEGISLATION
NOW BEFORE US THAT CONGRESS INTENDED
TO OUTLAW SUCH RELATIONSHIPS
AS THESE
THE ACTS
THAT EVERY
PURPOSE AS TO WAGES WAS TO INSURE
PERSON WHOSE EMPLOYXNENT CONTEMPLATED
SHOULD NOT BE COMPELLED TO SET
HIS SERVICES
FOR
LESS THAN THE PRESCRIBED
MINIMUM WAGE THE
DEFINITIONS
OF EMPLOY AND OF EMPLOYEE ARE
BROAD ENOUGH TO ACCOMPLISH
THIS
BUT BROAD AS
THEY ARE THEY CANNOT BE INTERPRETED
SO AS TO
MAKE
WHOSE
WORK
HIS
SERVES
OWN
PERSON
ONLY
INTEREST
AN EMPLOYEE OF ANOTHER PERSON WHO GIVES
HIM AID AND INSTRUCTION
330
AT 152

3E

COMG

US

EMPHASIS

ADDED
18

COUNSEL

DEFENDANTS
C4

REPORTED

CASES

PRISONERS
65

LC

HUDQINS

32

MARCH

ETBLA

HART

HUDGINS

THE

WITH

FLSA

STATE

AND

DURING
SUMMARY

WHO VOLUNTEERED
SOUGHT
THREE

17000
YEAR

JUDGMENT

PERIOD

THE

COURT

INMATE

AN
TO

PLASMA

1948

REMARKABLY
OF

PERFORM

FOR DEFENDANTS

ALLEGED

MINIMUM
IN

WD MICH

HUDGINS

BLOOD

ILUDGINS

IN

AL

WAS ASSIGNED

OF EXTRACTING

BUSINESS

INVOLVED

SITUATION

INVOLVED

DUTIES

CLERICAL

FAR

COPY ATTACHED

110

PLAINTIFF

TWO

ONLY

ET

1971

SUPP
AL

HAND

THUS
HART

18

79

ET

THAT

FLSA

PENITENTIARY

AND

TECHNICAL

THEIR

INMATES

ONE AT

TO THE

LOUISIANA

CERTAIN

THE

AS PLAINTIFFS

GUNN FURNITURE

HUNTLEY

SIMILAR

UNDER

ARISING

BELIEVES

IN

CONNECTION

FROM OTHER
OF THE

VIOLATION

WAGES FOR WORK PERFORMED

GRANTING

DEFONDANTS

MOTION

CORMNENTED

THERE WAS NO CONTRACTUAL
AGREEXFLEFLT
ORAL OR WRITTEN BETWEEN THE INMATE
AND EITHER
OF THE DEFENDANTS
PLAINTIFF
NO EMPLOYEREMPLOYEE
THERE WAS SIMPLY
BETWEEN ANY OF THESE PARTIES
RELATIONSHIP
IN THIS
CASE
ALL CONTRACTUAL
ARRANGEMENTS
AND
THE
DEFENDANTS
HYLAND
WERE BETWEEN
STATE PENITENTIARY
HART
AND THE LOUISIANA
OF CORRECTIONS
AND THE LOUISIANA
DEPARTMENT
AT THE
THE PLAINTIFF
WAS AN INMATE
LABOR
AND AS SUCH HIS
PENITENTIARY
IT WAS THE
BELONGED TO THE PENITENTIARY
THAT
HIM
TO WORK FOR
PENITENTIARY
ASSIGNED
IT
WAS
THE
AND
ANDOR
HART
HYLAND
THAT DECIDED
WHAT DYLAND ANDOR
PENITENTIARY
FOR THAT
HART WOULD PAY TO THE PENITENTIARY
LABOR
THE FACT THAT THE PENITENTIARY
ALL OR PART OF THE MONEY PAID BY
DEPOSITED
OF
HYLAND ANDOR HART FOR THE SERVICES
DOES
THE
ACCOUNT
OF
THE
INMATE
TO
PLAINTIFF
NOT MAKE THE PLAINTIFF
AN EMPLOYEE OF THE
IN ORIGINAL
DEFENDANTS
EMPHASIS

19

67

FOR

IN
FOLLOWED

BY THE

DISTRICT

CONRT

JACKSON

THE

AND MATERIALS

THE

THE

THE

PROJECT WERE SELECTED

DIEM

ASSUMING FOR PURPOSES
THE

LAW THE INMATES

THE

WERE NOT

STATE

EMPLOYEES

INMATES

WHO

WERE

DEFENDANT
THE

INMATES

OF ARGUMENT

LABOR THE COURT CONCLUDED

PRISON

THE

OF

STATE

ASSIGNED

FOR

TO

AUTHORITY

PRISON

APPLICABLE

OF

EQUIPMENT

REIMBURSED
THE

STATE

AND ASSEMBLIES

DEFENDANT

COMPENSATION
BY THE

THE

EMPLOYEES

AND

INVOLVED

INMATES

NOT COMPLY WITH

PRISON

OF

WAS AN

THE

GOVERNMENT

THE

BY THE

LHE

WITH

WITH

THE

AUTHORITY

PRISON

WOULD SUPPLY

OF

AND

UTILITIES
PER

TO

SUPERVISION

SUPERVISED

PAID

SOLD

IT

AND

AND BY

DEFENDANT

PLANT

CONTRACTOR

THE

WHICH

CASING

TURN

DID

BY THE

ASSIGNED

CITED

WERE INMATES

PLAINTIFFS

STAMPING

ET AL

FOR THE MANUFACTURE OF PARTS

WORKED UNDER

ALSO

CASE

PRISON

HART

HUDGINS

WHO HAD BEEN

WHEREBY

MICHIGAN

IN

THIS

SUPRA

CONTRACTOR WHO HAD AN ARRANGEMENT

OUTSIDE

SHELL

IN

COURT
IN

PRISON

TO WORK IN

GUNN RURNITURE

HDNTLEY

THAT

THE

REGULATIONS

THAT

DEALING

MATTER OF

AS

OF THE

ARRANGEMENT

DEFENDANT

CONTRACTOR

THE
IN

HUNTL

ALMOST
THE

IDENTICAL

INMATES

PARKE

ASSIGNED

FRIVOLOUS

NATURE

AND PARKE

OF THE

DISTRICT

DAVIS
COURT

SU

AND

AND

UPJOHN

THE

INSTANB

INMATES

RESPECTFULLY
ON COUNT

AFFIRMED
20

IN

OFFICIALS

PRISON

OF THE

OF

UART

HUDGINS

DAVIS

BY THE

REALITIES

UPJOHN

BE

IN

CUNN FURNITURE

THE
THE

CIRCUMSTANCES

THIS
DO NOT

SITUATION

SUBMIT

AL SUPRA

CASE

THAT

INMATES

ARE

EMPLOY

TO THE

ALLEGATIONS

OF THE

ET

CLINICS

MAKE
AND
THE

CLEAR

THEORIES
JUDGMENT

COMPLAINT

MUST

ITT
C4

DISTRICT

THE

INMATES

COMPLAINT

THAT

INMATES

THE

OR THE

JUDGP

FOR SUNNARY

MOTION

DEFENDANTS

CORRECT

COURT WAS CLEARLY

THE

ON COUNT

UNCONTROVERTED

EMPLOYEES

WERE NOT

UPJOHN COMPANY WITHIN

THE

GRANTING

II

OF THE

ESTABLISHED

FACTS
OF PARKF

MEANING

TN

DAVIS

OF THE

COMPANY

MICHIGAN

MINIMUM WAGE LAW OF 1964
DEFINITION

THE
THE

MICHIGAN

THAT

SET

MINIMUM

FORTH

IN

CD
PERMIT

PLCL
THE

WAGE

CONSTRUED

IS

THE

FAIR

ENACTED

ACT

ONE OF

AND

MSA
THE

ECONOMIC

MICH

289

293

134

354

MICH

695

699

94

SECURITY

COMMISSION

1968

AND

REMEDIAL

SOCIAL

SINCE

15

THE

MICH

COMPENSATION ACT

1965

APP 96

99101

TEST

AND THE

166

UNDER

APPLICABLE

21

DEVELOPED

EMPLOYMENT
THE

TEST

THE

EMPLOYMENT

WAGE LAW OF 1964
THE

WORKMENS

MUSKOVITZ

TATA

IS

NW2D

530

ALSO

UNDER

SECURITY
OF

THE

JUDICIALLY

ERICKSON

GOODCHILD

FOSTER

MINIMUM

IN

CONTAINED

MICHIGANS

1959

71

NW2D

OR

ACT HOWEVER

SECURITY

191

NW2D

LEGISLATION

WOULD SEEM EQUALLY

UNDER

TO

IDENTICAL

NEVER BEEN

HAVE

IN

2HD

17255

DEFINITIONS

REALITY

FORTH

ACT

ENGAGE SUFFER

TO

EMPLOYMENT

SET

ALMOST

IS

STANDARDS

1964

IN

EMPLOY

OF 1964

REPORTED DECISION

375

WORKMENS

CI

408382

TERM

LABOR

EMPLOY MEANS
TO WORK

LAW

IN

COMPENSATION
TEST

WAGE LAW

COURT NOTED THAT

DISTRICT

MINIMUM

OF THE

THE
ACT

ECONOMIC

REATITY

HOWEVER APPELLANTINMATES

EMPLOYEES

OF PARKE

ECONOMIC

OF

TEST

SAXNE

URGE THAT
IN

EXTENDED

THE

BY THE

FAIR

THE

OF THE

MICHIGAN

SLACK

CONSIDERATION

INTO

WORD

EMPLOYEE

AND WOULD BE
THAN

BROADLY
THIS

FEDERAL

IN

THE

LAW SHOULD

ACT

WHICH

TO TAKE

THE

REASON

THAT
OF THE

COURTS

LEGISLATION

MORE

EVEN

PLAINTIFFS

BRIEF
IS

CITATION
IN

NOT FOUND

ARE

UP

BE INTERPRETED

RESTRICTIONS

VARIOUS

MICHIGAN

EMPLOYEES

PERFORMING

EMPLOYER

THEIR

408382B

MOREOVER
PREMIUM

THE

PAY

STATE

65

AGE

AT

TOTALLY

COVERAGE
IN

THE

MSA

IS

SUCH AS

22

TO

INAPPLICABLE
AND

IS

LOCATIONS

SITE

FIXED

ACT

IS

ACT

DUTIES

OR

PREMISES

MCL

STATE

OR OVER

AGE 18

UNDER

EMPLOYERS

THE

EXAMPLE

EMPLOYEES

OVERTIME

NATURE

WITHOUT SUPPORTING

IGNORES

FOR

BECAUSE

ACT

ACT
FOR

THE

AND

LAW

FEDERAL

ADVANCED
AND

MERIT

CONTAINED

THE

UNDER

WAS

MICHIGAN

BE

RELATIONSHIPS

ACT

APPLY

STATE

TO WHICH

APPELLANT

STANDARDS

REMEDIAL

BY THE

INTERPRETED

ARGUMENT

WITHOUT

THE

THE

IN

THE

LABOR

LAW DOES NOT

WHERE FEDERAL

TAKING
THE

INTENTION

ACT

WAGE LAW SHOULD

BEYOND

SOUGHT TO BE COVERED
CLEAR

PROBLEM

MINIMUM

MICHIGAN

FORTH

SET

APPLICABLE

THIS

AND COVERAGE

SCOPE

IS

REALITY

DEEMED

REASONS

STANDARDS

LABOR

RECOGNIZING

APPARENTLY
INMATES

FAIR

BE

FOR THE

OR UPJOHN

RESPECT TO THE

ABOVE WITH
THE

DAVIS

CANNOT

TO

INAPPLICABLE
OTHER

DESIGNATED

THAN

ON

BY THE

17255

CONTAINS
FOUND

IN

NO PROVISION
THE

FAIR

LABOR

FOR

STANDARDS

ACT

FRSA

C4

ONLY ONE DECISION
STATUS

OF AN INMATE

DICE

523

HOARD

JAIL

HAVING

BEEN
AT

MINIMUM

MINIMUM

TO

45

DICE

RELEASE

WAGE LAWS OF THE

FOR

THE

COURT

AFFIRMED

OF

THE

CLAIM

FILED

STATE

CONFINEMENT

DAYS

HE PERFORMED

SUGGESTION

178

KAN

COUNTY
ON

CERTAIN

SUM OF
UNDER

200

PER

THE

KANSAS
COURTS DENIAL

TRIAL

THE

COUNTY
IN

PRISONER

THE

LAW

WAGE

OF COFFEY

WAS

WORK ON COUNTY BUILDINGS

UPON HIS

DAY

DICE

WITH

FOUND DEALING

COMMISSIONERS

SENTENCED
HIS

BEEN

STATE

1955

782

MISDEMEANOR
CARPENTRY

UNDER

OF COUNTY

P2D

289

HAS

OF

RECOVERY

WE

THINK

THE

ENACTMENT OF OUR MINIMUM

THAT
WAGE
LAWTHE LEGISLATURE EVER INTENDED
SITUATION
THAT IT SHOULD APPLY TO
SUCH AS WE HAVE HERE
NO GOOD
PURPOSE WOULD BE SERVED BY SETTING
OUT ITS PROVISIONS
OR DISCUSSING
WE SIMPLY
HOLD
THEM IN
THAT THE MINIMUM WAGE LAW HAS NO
TO
CONTRACT OF
APPLICATION
SUCH
AS
WE HAVE IN THIS
EMPLOYMENT
289 P2D AT 784
CASE
IN

IT

MAY NOT

BE SAID

DETAIL

PARKE

DAVIS

COMPANY

RESPECTFULLY

SUBMIT

WITH

TO COUNT TI

RESPECT

CLEARLYCORRECT

THAT

THE
OF

AND THE

JUDGMENT
APPELLANT

AND MUST BE AFFIRMED

23

UPJOHN

OF THE

INMATES

COMPANY

DISTRICT

COURT

COMPLAINT

WAS

IV
THE DISTRICT
COURT WAS CLEARLY
CORRECT
GRANTING
DEFENDANTS MOTION FOR SUMMARY
JUDGMENT ON COUNT III
AND TN CONCLUDING
THAT
LAWFULLY
CONFINED
PRISON
INMATES
IN
MICHIGAN DO NOT OWN THEIR OWN LABOR
AND DO NOT HAVE
PRIVATE
CAUSE OF
ACTION
FOR DAMAGES BY REASON OF
THEIR WORK ASSIGNMENT TO RESEARCH CLINICS
LOCATED WITUIN
THE PRISON WALLS
ALLEGEDLY TN VIOLATION
OF
MICHIGAN
STATUTE
DESIGNED TO PROTECT FREE LABOR FROM
COMPETITION
FLY PRISON
LABOR
IN

SUMMARY OF ARGUMENT

PLAINTIFFS
AMENDED

COMPLAINT

COMMON LAW CAUSE
OF THEIR

LABOR

MICHIGAN

PRISON

281521

BOILS

DOWN TO

OF ACTION

INDUSTRIES
THAT

CLAIM

VIOLATION
ACT

SECTION

TO COUNT III

RESPECT

FOR DAMAGES
IN

ALLEGEDLY

JJ

ET

WITH

THEORY

THAT

THEY

BY REASON
OF

MCIJ

IN

PROVIDES

THE

HAVE

PRIVATE

OF THE

UTILIZATION

SECTION

800301

OF

OF THE

SEQ

ET

PERTINENT

FORMER

MSA
AS

PART

FOLLOWS

NOR SHALL

THE

OF PRISONERS
BE
CONTRACTED
FOR
OR OTHERWISE
USED FOR PRIVATE
OR CORPORATE
PROFIT OR FOR ANY OTHER PURPOSE THAN THE
MAINTENANCE OF OPERATION OF
CONSTRUCTION
PUBLIC
WORKS WAYS OR PROPERTY AS DIRECTED
BY THE GOVERNOR

SOLD

HIRED

MCL

THE
MENT

TO

THE

ILLEGALLY

LOANED

INMATES

RESEARCH CLINICS
THEY

LABOR

MSA

800305

PLAINTIFF

THUS WAS ILLEGAL
PERSONS

LEASED

CONTEND

THAT

WAS PROHIBITED

FURTHER

COMPELLED

281525

CLAIM

THAT

TO WORK ARE

24

THEIR
UNDER

UNDER

ENTITLED

WORK

ASSIGN

THE ACT
THE
TO

AND

COMMON
DAMAGES

LAW

MEASURED

BY THE

TORT OR ON AN

REASONABLE

VALUE

CONTRACT

IMPLIED

OF THE

LABOR

EITHER

ON

THEORY

LII

THIS

COMMON LAW PROPOSITION

CASE

INSTANT

THERE

OF THE

RIGHTS

IN

DAMAGED

PLAINTIFF

ANY

NO INVASION

OF ANY

AND PLAINTIFFS

INMATES

TO THE

INAPPLICABLE

PERSONAL
HAVE

NOT

BEEN

WAY
ARGUMENT

APPEARS

TO

BE

FOLLOWS
CONVICTED

JACKSON

PRISON
OF

THE

RESEARCH

PRISON

THEIR

LABOR

30

THE

UTILIZATION

CANNOT

THE

STATUTORY

OF

INMATE

THEM

MICHIGANS
RIGHT

WORKING

INCLUDING

PLEASE

TO WHICH

LABOR

AT

COMPENSATION

THAT

HAS

RIGHT

PLAINTIFFS

INDUSTRIES
AT

THE

UNDERLYING

CLINICS

BE TAKEN

BRIEF

ACT

PRISON

PROHIBITS

CONSTITUTIONAL

OR TO THE

AWAY FROM THEM

FRUITS
IN

CLINICS

RESEARCH

TO

RIGHT

OF SUCH WORK

VIEW

OF

THE

PROHIBITION
THUST

RECE

CONSTITUTIONAL

PRISON

MICHIGAN

RESEARCH

LAWFULLY

AND HAVE

AND TO RECEIVE

AWAY FROM

PLAINTIFFS
WORK AT

IN

46

AND

31

IMPRISONED

AS THEY

CLINICS

TAKEN

LAWFULLY

PAGES

LABOR

EXCEPT TO THE EXTENT

THEREFOR
BEEN

FELONS

OWN THEIR

TO DISPOSE

THE

BEEN

ESSENCE OF PLAINTIFFS

THE
AS

HAS

IS

COMPENSATION

PLAINTIFFS

HAVE

FOR WORK PROHIBITED

25

CONSTITUTIONAL
BY

THE

RIGHT

STATUTE

TO

WORK

AT

RESEARCH CLINICS

THE

AS IF

INMATES

WERE NOT PRISON

THEY

C4

THIS
LAW IN

NO CASE

AT
DEFENDANTS

THE

ONTSET IT

THE

EMPHATICALLY

TO

OF

AVOID

FOR PURPOSES

ONLY

APPEAL

SHOULD

THAT

THERE

TO BE

APPEARS

THAT

DENY
IS

BE MADE VERY
PLAINTIFFS

THAT
THAT

INDUSTRIES

ISSUES

FACT

DEFENDANTS

MOTION FOR SUMMARY JUDGMENT

THAT

WORK ASSIGNMENTS

ASSUME
AND THIS

VIOLATION

IN

ARE

THAT

HOWEVER

OF THEIR
THE

THAT

PRISON

INVOLVE

MIGHT

PROBLEM

PROCEDURAL

THE

RECOGNIZER

ISSUE

LEGAL

CLEAR

WORK ASSIGNMENT

OF

VIOLATION

IN

DEFENDANT DRUG COMPANIES

DETERMINATION
SOLELY

NOVEL

SO

POINT

RESEARCH CLINICS

TO THE

ACT

IS

THEORY

OF THE

ACT
DEFENDANTS
CONVICTED

SUBMIT
IN

INMATES

PRISON

ALL

THAT

THE

LABOR

OF LAWFULLY

BELONGS

MICHIGAN

OF THEIR

TO THE

BY NECESSARY IMPLICATION

PURSUANT

TO STATUTORY

MANDATE

WORK REMAINS

DURING THE

PERIOD

OF LAWFUL

AND EFFECT

OF THE

PRISON

TO

RIGHT
THE

PRINCIPAL

PURPOSE

WAS TO PROTECT
NOT

TO

THEIR
THE

RETURN
LABOR

RIGHT

TO DISPOSE

BEING

IN

FREE

TO PRISON
THE

TO THEIR
OF THEIR

EXPRESSLY

LABOR

RESIDUE

FROM COMPETITION
INMATES

THE

PROSCRIBED AREA
OWN LABOR
LABOR

SUBJECT

NOT

AS THEY

TO BE

PUT

26

OF

PLEASE
TO

HARD

INCARCERATXON

INDUSTRIES

TO

THE

AND

THE

ACT

LABOR

DISPOSE

OR TO LIMIT
HAVING

FORMER

THEIR

BY PRISON

RIGHT

OF

LOSS OF

UNDERLYING
ON THE

LABOR

OF

AND

CONFINEMENT

MICHIGAN

NO

STATE

RIGHT

CONTRARY

AS PART OF

THEIR

THE

IMPRISONMENT

INJURED

IN

CLINICS

EVEN

WITHOUT

INJURY

DAMAGES

EITHER

IN

ANY WAY BY THEIR
THAT

IF

ON

IN

PRISON

JACKSON

CONFINEMENT

TO THE

THEM BY THE

COFFIN

COURT

OF ALL

TO DISPOSE

THIS

THE

RESERACH

THAT

LAW

TO MICHIGAN

CONTRACT

INMATES

ENTITLED

TO

THEORY

CONFINED

PRISONERS

CONFINED

THE

TO

OF

MICHIGAN

THEIR

OPPORTUNITY AND CONSEQUENTLY OF

OF THEIR

LABOR

AS

PLEASE

THEY

EXCEPT

RIGHT

MAY BE

WAS RECOGNIZED

BY THIS

OPPORTUNITY

STATE

GENERAL

PROPOSITION

REICHARD

STATED

AT

ARE BY NECESSARY IMPLICATION

EXTENT TO WHICH

GRANTED

IN

OR IMPLIED

CONVICTED

DEPRIVED

RIQHT

BEEN

ARE NOT

CLEARLY

THE LABOR OF LAWFULLY
TO THE STATE OF MICHIGAN

LAWFULLY

NOT

WAS CONTRARY

THUS

TORT

HAVE

WORK ASSIGNMENT

ASSIGNMENT

PLAINTIFFS

INMATES

MICHIGAN

I3ELONGS

THE

PLAINTIFF

F2D

143

443

6TH

CIR

1944

COURT

WHICH

IN

THIS

AT 445

PRISONER RETAINS
ALL THE RIGHTS
OF AN
CITIZEN
ORDINARY
EXCEPT THOSE EXPRESSLY
OR BY NECESSARY IMPLICATION
TAKEN FROM HIM
EMPHASIS
BY
ADDED

LAW

IN
TO HIS
THE
TO

LABOR

ADDITION
IS

LOSS OF
THEIR

THE

LABOR

OF

THE

TO DETERMINE

RIGHT

PRISON
THEIR

BY PRISON

AS THEY

PRISONERS

COVERED

SPECIFICALLY

POWER AND DUTY
WORK AND

HOWEVER

SEE FIT

BY STATUTE

COMMISSION

COMPENSATION

INMATES
WHITE

27

NOT
IN

LOSS OF HIS
IN

RIGHT

MICHIGAN

TO COMPEL
AND THE

PRISONERS
CORRESPONDING

TO WORK OR TO DISPOSE

PRISON

ARE

CLEARLY

SET

OF

OUT

IN

SECTION

OF THE

PRISON

INDUSTRIES

ACT

AS

FOLLOWS

C4
CO

IL SHALL BE THE DUTY OF THE PRISON COM
MISSION
TO PROVIDE
AS FULLY AS PRACTICABLE
FOR THE EMPLOYMENT OF PRISONERS
CONFINED
IN THE PRISONS
OF THIS
STATE IN TASKS CON
SISTENT WITH THE PENAL AND REFORMATORY
AND WITH THE
PURPOSES OF THEIR
IMPRISONMENT
PUBLIC ECONOMY AND OF THE TYPES AND
IN THE ORDER OF PRIORITY
AS
APPROXIMATELY
FOLLOWS
800306

MC

281526
SIMILARLY

MGL

NSA

80038

MSA

221407

PROVIDES

ALL

CONVICTS
OTHER THAN SUCH AS ARE CONFINED
SOLITUDE
FOR MISCONDUCT IN THE PRISON
SHALL
AS FAR AS PRACTICABLE
BE KEPT CONSTANTLY
EM
PLOYED AT HARD LABOR AT AN AVERAGE OF NOT LESS
THAN 10 HOURS
UNLESS
DAY SUNDAYS EXCEPTED
OF LABORING
OR
INCAPABLE
BY REASON OF SICKNESS
OTHER INFIRMITY
IN

IN
VIDES

WITH

11

SECTION

THE

PRISON

TO COMPENSATION

RESPECT

INDUSTRIES
OF PRISONERS

ACT FURTHER

PRO

THAT

IHE PRISON COMMISSION MAY ADOPT
SCHEDULE
OF PAYMENTS OR ALLOWANCES TO PRISONERS
OR TO
THEIR
DEPENDENTS FROM SUCH FUNDS AS MAY BE
PROVIDED
THEREFORE BUT SUCH PAYMENTS SHALL
BE MADE ON THE BASIS
OF NEED OR OF MOTIVATION
OF OR REWARD FOR INDUSTRY
OR BEHAVIOR
AND SHALL
NOT BE RELATED
TO PROFITS
TO THE STATE FROM
THE ACTIVITIES
TO WHICH SAID
PRISONERS
MAY BE
ASSIGNED
THE
SCHEME

OBVIOUS

WAS STATED

MCL

800311

CONCLUSION

BY JUDGE

STARR

MSA

281531

TO BE DRAWN FROM THIS
IN

HUNTLY

GUNN FURNITURE

SUPRA AS FOLLOWS

IT IS CLEAR THAT THE LABOR OF THE PLAINTIFFS
AS INMATES
OF THE STATE PRISON BELONG TO THE
STATE OF MICHIGAN
79
SUPP AT 113

28

STATUTORY

CO

THIS
C4

OTHER

STATES

425

1916

THE

RHODE

HAS BEEN

PROPOSITION

THUS

RELIED
ISLAND

IN

ANDERSON

UPON BY PLAINTIFFS
MADE THE

COURT

RECOGNIZED

IN

SALANT

RT

38

PLAINTIFTS

FOLLOWING

CASES

IN

463

96

BRIEF

AT

39

OBSERVATION

AS TO THE BENEFIT OR PROFIT FROM HIS SERVICES
HIS
LABOR WAS
AND WAS
YATT OF HIS SENTENCE
FURNISHE117O
THE CONTRACTOR THY THE STATE FOR
IN THO CONTRACT
HIS IN
COMPENSATION FIXED
ABILITY
TO DISPOSE
OF HIS PERSON OR SERVICES
DID NOT ARISE
FROM THE CONTRACT BUT FROM HIS
STATUS AS
CONVICT
UNDER SENTENCE
IN PRISON
IITS
SERVICES
BEING
PART OF HIS SENTENCE
COULD NOT BE
OF OR CONTRCLTHD
OTHER
WISE THAN BTIHUTHTWEW
HIS DISABILITIES
IN
REGARD TO TTE DISPOSAL
OF
ARE DUE
TO TEE PROVISIONS
OF TIXE
STATUTES
APPLICATYE
ALIKE
TO ALL CONVICTS
AND WERE NOT IMPOSED
21 OF
BY THE CONTRACT MADE UNDER SAID SECTION
LAWS OF 1912
CHAPTER 825 OF THE PUBLIC
38
AT 472
ADDED
EMPHASIS

DT

HIS

RN

IN

COFFEY

DICE

THE

COUNTY SUPRA

THE

TL

SOARD OF
COURT

COJ

OF

CONCLUDED

IN
THE FIRST
PLACE THE LEGISLATURE
BY
THE ENACTMENT
OF
DEALT WITH
1949
622109
THE SUBJECT
OF
EMPLOYMENT OF THOSE PERSONS WHO
HAVE BEEN CONVICTED
OF MISDEMEANORS
AND ARE
IN THE COUNTY JAIL
SERVING
SENTENCES
UNDER THE
OF THAT SECTION
PLAINTIRRT5WID
CORN
ED TO WORK AT HATS LABOR FOR
OF EVERY WORKING
WHILE SO CON
WHIFJ HE WOULD NOT
TO RECEIVE
289
P2D AT 783 EMPHASIS
PAYMENTI

GS

FIRST

HAVEB

FTII

AWDED

FLY

THE

COURT

THE

SAME

TOKEN

IN

HUDGINS

HART

ET

AL

SUPRA

SAID

THE

WAS AN INMATE
PLAINTIFF
AT THE PENITENTIARY
AS SUCH HIS
LABOR BELONGED TO THE PENI
IT
WAS THE PENITENTIARY
THAT ASSIGNED
TENTIARY
TITWTEWORK FOR IYLAND ANDOR HART AND IT WAS THE
THAT DECIDED
PENITENTIARY
WHAT HYLAND ANDOR HART
WOULD PAY TO
FOR THAT LABOR
AND

EMPHASIS
29

IT

OF

IMPLICATION

THEREFORE

IS

THEIR

UNDER

APPLICABLE

STATE

OF MICHIGAN

WORK WHILE
THEIR

CONFINEMENT

PLAINTIFFS
NOR THE

IMPRISONED

LABOR

AS

SAW

THEY

COMPENSATION

FOR ANY

ACCORDINGLY

PLAINTIFFS

NOR

IN

INJURED

SOME OTHER

AND

KITCHEN

HAVE

STATE
NOT

BASIS

BRIEF

BEEN

ASSIGNED

TO THE

RESEARCH

WHAT THEY

INDIRECTLY
OF THE

COMPELS
THE

FACT

PRIVATE

BASIS

STATED

THE

IT

PERMITTING

OF THE

PURPOSES

SECTION

EXPLICITLY

SETS

10

OUT

DECLARED

OF THE

ACTION

OF THE

THE

DAMAGES

DAMAGE
THEY

ON THE ACT

ACTION

AS

PLAINTIFFS
TO DO

ARE ATTEMPTING

DISCUSSION

DO DIRECTLY

ACT

THAT

TO SERVE

PRISON

APPROPRIATE

PURPOSES

CIVIL

TO

DAMAGE REMEDY

RELIANCE

CANNOT

THEY

CONCLUSION

FOR

THAT

APPEARS

PURPOSES

THE

AS

ADMIT

ACT THEREFORE
STATED

ACT

EVIDENT

THAN

ACT DOES NOT PROVIDE

PRIVATE

IS

RATHER

THERE

TO COMPENSATORY

FOR

IT

PERFORM

TO

RIGHT

DISCLAIM

43

OF

OF ANY

SUCH AS THE GENERAL

PURPORTED

TO

DEPRIVED

ALTHOUGH PLAINTIFFS

PAGE

THEM

COMPELLED

ARE NOT ENTITLED

THEIR

NOT

RIGHT

BEEN

THE MICHIGAN PRISON
INDUSTRIES
BASIS
DIRECT
OR INDIRECT
FOR

THE

THE

THE

TO RECEIVE

RIGHT

TO WORK AS COOKS

INDUSTRY

THUS

HAVE

AND

TO

BELONGED

TO WORK OR DISPOSE

RIGHT

ANY WAY BY HAVING

PRISON

NOT

NOR THE

FIT

WORK THE

FOR EXAMPLE

CLINICS

DID

LABOR

BY NECESSARY
MANDATE

BY LEGISLATIVE

LAW PLAINTIFFS

CASE

THAT

APPARENT

CLEARLY

AS

THE

ACT

SUCH

BASIS

MCL
OF THE

PRISON

WAS NOT

FOR DAMAGES

ACT

PURPOSES

MICHIGAN

INTENDED

BY PRISON

TO SERVE

INFLATES

WOULD CONTRAVENE

800310

MSA

LEGISLATION

OF ACT
SECTION
10
IT IS HEREBY
OF THIS ACT
TO BE THE INTENT
30

INDUSTRIES

IN

ITS

281530

TO PROVIDE
ADEQUATE REGULAR DIVER
SIFIED
AND SUITABLE
EMPLOYMENT FOR PRISONERS
OF THE STATE CONSISTENT
WITH PROPER PENAL

PURPOSES
THE LABOR OF
TO UTILIZE
PRISONERS
FOR SELFMAINTENANCE
AND FOR
THE STATE FOR EXPENSES INCURRED
CRIMES AND IMPRISONMENT
BY REASON OF THEIR
TO ELIMINATE
ALL COMPETITIVE
RELATION
BETWEEN PRISONER
SHIPS
LABOR OR PRISON PRO
DUCTS AND FREE LABOR OR PRIVATE INDUSTRY

EXCLUSIVELY
REIMBURSING

SUBSECTION
OF THE ACT

PURPOSES

FOR THE

EXCLUSIVELY
SUPPORTS
INMATES
THIS
IS

THE

TO THE

TO BE UTILIZED

PLAINTIFFS
COLLECT
PURPOSES

COMPENSATORY
OF THE

OF THE

STATE

PLAINTIFFS
THEIR

AN INTENT

ACT

IS

OF PRISONERS

IS

TO BE

STATE

LANGUAGE

MICHIGAN

THAT

THIS
THE
IN

THE

OWN PRIVATE

ALTHOUGH

THAT

LABOR

LABOR

UTILIZED
THUS

OF PRISON

ADDITION

HOWEVER

OF PRISONERS

PROFIT

INDIRECTLY

WOULD THUS

ONE OF THE

AS

CONTRAVENE

TO PERMIT
VEHICLE

TO

ONE OF THE EXPRESS

ACT

ACT

RECOGNIZE

BRIEF

IN

IT

OF MICHIGAN

DAMAGES

FURTHER
WAS

BETWEEN

RELATIONSHIPS

OF THE

THAT

SUBSECTION
PURPOSES

LABOR

FOR THEIR

USE THE

TO

THE

BENEFIT

INDICATES

LANGUAGE

NOT

THAT

PROPOSITION

BELONGS

INDICATES

CLEARLY

TO ELIMINATE

PRISONER
THIS

INDICATES

LABOR

IMPORTANT

THAT
ALL
AND

PURPOSE

ONE OF THE
COMPETITIVE
FREE

LABOR

AND EMPHASIZE

THAT

IJT

WOULD CERTAINLY
BE ABSURD FOR MEN CON
VICTED
FOR SERIOUS
CRIMES TO BE GIVEN WORK
THAT WOULD IN EFFECT DEPRIVE
THOSE LIVING
JUST AND LAWFUL LIFE
OF THE RIGHT TO EARN
PLAINTIFFS
LIVING
BRIEF
AT 36

31

PRIMARY

IN

THUS
LII

OF

THEMSELVES

AS PLAINTIFFS

THIS

FURTHER
BY THEM

IS

SIGLER

LOWRIE

404

TOTALLY

F2D

PRISON

OF COMPENSATION

QUESTION
AS

OF THE

11

AND

LIVES

8TH

659

INMATES

TO PRISON

ANY COMPENSATION

PERFORMED

SECTION

LAWFUL

LIVING

INCOME

LAWFUL

SEEKING

ARE THOSE

POLICY

NONCOMPETITION

BENEFICIARIES

OUT THE INTENDED

POINT

LABOR

FOR

BY GRACE OF THE

STATE

CIR

MICHIQAN

IN

1968

INDUSTRICS

ACT

TO BE PAID

TO INMATES

COVERS

SPECIFICALLY

THEIR

FOR

THE

LABOR

FOLLOWST

OF PAYMENTS OR ALLOWANCES TO
COMMISSION
THE PRISON
SEC 11
PRISONERS
OF
OR
SCHEDULE
ADOPT
PARENTS
MAY
OR TO THEIR
ALLOWANCES
TO PRISONERS
FROM SUCH FUNDS AS MAY BE
DEPENDENTS
THEREFOR BUTSUCH PAYMENTS SHALL
PROVIDED
OF NEED OR OF MOTIVATION
BE MADE ON THE ASIS
OR BEHAVIBR
AND
AF OR
FOR INDUSTRY
TO TH
STATE
NOT BE RELATED TO PROTITS
TO WHICH SAID PRISONERS
FROM
800311
MAY BE ASSIGNED

SFI

FL4

THIF

281531
THIS

TO THE

SOUND

INFERENCE
TO

THE

THE

COMMITS

CLEARLY
OF THE

ANY PERSON

OR ENTITY

NEGATES

INMATES

AS

ALLOWANCES

VEHICLE
PAID

OTHER

PRISON

ANY DIRECT

THE MATTER OF COMPENSATION

COMMISSION

PRISON

UPON TO COMPENSATE

ACT ITSELF

BEYOND

DISCRETION

THAT

BE CALLED

BY PRISON

PROVISION

MSA

MCL

THAN

OR INDIRECT

32

PRISON

IN

USE

ANY

COMMISSION

THE

INMATES

FOR RECOVERY

BY THE

AND NEGATES

OF

SUM THEREFORE
ITS

TERMS

OF COMPENSATION

COMMISSION

IS

PENALTIES

UNDER

THE

ACT

C4
LII

THE

EXPRESSLY

WHATSOEVER OF

ANY MENTION

INMATES

PENALTIES

RATHER

THE

CIVIL

FOLLOWING

UNDER

PROVIDED

DAMAGE REMEDY

THE

AVAILABLE

OMIT
TO

ARE PROVIDED

PENALTIES

SPECIFIC

ACT

SECTION
14
WILFUL
OF ANY OF THE PROVISIONS
OF THIS
ACT BY AN OFFICER
OF THE STATE OR
OF ANY POLITICAL
SUBDIVISION
THEREOF OR
OF ANY INSTITUTION
OF
BY ANY OFFICER
CAUSE FOR
SHALL BE SUFFICIENT
EITHER
REMOVAL FROM OFFICE
AND SUCH OFFICER
SHALL ALSO BE SUBJECT TO PROSECUTION
AS HEREINAFTER
PROVIDED

VIOLATIONS

MCL

800314

MSA

281534

SECTION
15
ANY PERSON FIRM
OR CORPORATION
WHO SHALL WILFULLY VIOLATE
OF THIS ACT SHALL
ANY OF THE PROVISIONS
BE DEEMED GUILTY
OF
MISDEMEANOR
AND
SHALL BE PUNISHED
UPON CONVICTION THEREOF
FINE
OF NOT LESS THAN 100 DOLLARS
NOR
BY
OR BY IMPRISONMENT
MORE THAN 500 DOLLARS
IN THE COUNTY JAIL
FOR
PERIOD OF NOT MORE
THAN 90 DAYS OR BY BOTH FINE AND IMPRISON
OF THE COURT
MENT AT THE DISCRETION

MCL

CONSPICUOUSLY
TO

PRIVATE

LABOR

800315

ABSENT
DAMAGE

WAS REQUIRED

ALLEGEDLY

IN

FROM THE
REMEDY

IN

PLAINTIFFS
THE

OF THE

DO NOT

VIOLATION

IS

ABOVE PROVISIONS
FAVOR OF

THOSE

ANY

PRISONERS
TO

REFERENCE
WHOSE

CONTRACT

ACT

XAVE

PRIVATE

DAMAGE

REMEDY

ACT

DEFENDANTS RECOGNIZE
STATUTORY

281535

TO BE PERFORMED PURSUANT

VIOLATION

UNDER

MSA

THAT

CONSTITUTING

33

IN

CERTAIN

CRIME

CIRCUMSTANCES

MAY ALSO GIVE

RISE

TO

CAUSE

OF ACTION
TO THE

APPLICABLE

IT
NOT

TO

BE

BASED
THE

LONG BEEN

RECOGNIZED

INFERRED

1944

743

COURT

WHICH

CRIMINAL

UPON

IN

THE

INVOLVED

REMEDIES

1943

CIVIL

CONTAINED

PROVISION

CIVIL

ARE
IN

THUS
CERT

ACTION
IN

NOT

IS

CASE

STATUTES

CIR

7TH

875

DOCTRINE

PRESENT

THAT

FROM CRIMINAL

F2D

138

THIS

HOWEVER

INMATES

THOMSON

US

DAMAGES

PLAINTIFF

LIGHTLY

BEEG2TE
322

HAS

FOR

DENIED

FOR DAMAGES

AN ANTITRUST

STATUTE

CONCLUDED
PLAINTIFF

URGES THAT THE SECOND PARAGRAPH
20 WHICH FIXES CRIMINAL RES
FOR VIOLATION
OF THE ACT CREATES
PONSIBILITY
ALSO
CAUSE OF ACTION
IF OPEN BIDDING
IS
PREVENTED
OF WHETHER AN INTER
IRRESPECTIVE
WE THINK
THIS
LOCKING
RELATIONSHIP
CONSTRUCTION
REMEDIAL
UNJUSTIFIED
STATUTORY
CAUSES OF ACTION
MUST FIND EXPRESS BASIS
IN
ACT THEY DO NOT ARISE BY
CONGRESSIONAL
FROM
IMPLICATION
FOR
CRIMINAL
PROVISION
138
F2D AT 880
PENALTY
ACCORD MEZULLO
OF SECTION

MALET

MASS

331

1954

WHERE NO EXPRESS
IS

REMEDY
THAT

IT

BE

INADEQUATE

CLASS

THE

UNITED
MICHIGAN

UNITED

THE

INTEREST

THE

STATUTE

WAS INTENDED

STATES

389

CENTRAL

BASIS

STATES

FULL

OCCURRED

191

RAILROAD

202

CO
34

166

DAMAGE

HAS

OF THE

STATUTE

FELL

WAS OF THE

WITHIN

MICH

THAT

TYPE

SEE ALSO

373

THE

AND

WYANDOTTE

1967

REQUIRED

WAS

LIABILITY

TO PROTECT

TO FORESTALL

US

CIVIL
COURT

PLAINTIFFS

WAS INTENDED
HAD

FOR

EFFECTIVENESS

OF THE

NE2W

118

SUPREME

CRIMINAL

THE

HARM THAT

238

STATUTORY

SHOWN THAT
TO ENSURE

THAT

STATUTE

THE

PROVIDED

232

130

THE

CO

LEPARD

NW668

1911

BOLDEN
LII
LII

GRAND RAPIDS

NW

214

1927

241

DEFENDANTS SUBMIT
CONCLUDED

THAT

ACT

PROOF

HAVE

BEEN

THAT

CLEAR

INTENDED

INJURY

TO

FREE

THAT

FACT

THIRD

THEY

CORRECTIONS

THESE

PRIVATE

AND

INDUSTRIES

AND

WRONGS

HARM WHICH

INMATE

BY THE
BETWEEN

IS

SEEKS

IS

TO PREVENT
WHEREAS

COMPETITION

IS

RECOVERY

SIMPLY

TO PERFORM LABOR

STATE

THOSE

PROVISION

PURPOSES

ACT

PATENTLY

WERE NOT

INMATES

THE

IT

THE

THE
THE
UNDER

DEPARTMENT

MICHIGAN

OF

AND UPJOHN

DAVIS

PLAINTIFFS

ATTEMPT

COMPENSATORY REMEDY EITHER
MICHIGAN
THE

NOR
UNDER

PROVIDED

SECOND

SEEK

PLAINTIFFS

TO SATISFY

NO ALLEGATION

EXPRESS
THE

CORRECTLY

FAILED

PENALTIES

THE

BY PRISON

PROVIDING
IS

IS

PLAINTIFF

CIRCUMSTANCES

TO REGULATE

DESIGNED

OF THE

CONTRACT

UPON THE

INDIRECTLY

HAVE

INEFFECTIVE

WERE COMPELLED

AND PARKE

IN

PUBLIC

LABOR

ILLEGAL

AN ALLEGEDLY

PURELY

THE

FOR WHICH

HARIN

ALLEGED

INTERESTS

CRIMINAL
OR

CASE

THERE

BE PROTECTED UNDER

TO

ACT

THE

FREEMAN

JUDGE

THIS

FIRST

INADEQUATE

THE

OF THE

THAT

THAT
IN

PLAINTIFFS

CRITERIA

THE WYANDOTTE
PROFFERED

MLCH 318

239

GORPPRATION

OPERATING

PRISON

PURELY PUBLIC

DIRECTLY

INDUSTRIES
OF

ADMINISTRATION

TO BASE

STATE

REMEDIES

ACT

OR
STATUTE

PRISON
TO REDRESS

WHOLLY INAPPROPRIATE

CHARACTERIZATION
OF THE MINK CASE
MICH
OF
NO 2684
COURT
APPEALS
COMPANY

PARKE

THE

DAVIS

ORDER AT NOVEMBER 23
379
MICH 773
CERT DENIED
TO APPEAL DENIED
PLAINTIFFS
FOOTNOTE
42
OF
934
IN THE
ON
392
1968
THE DENIALS
OF MR MINKS
BRIEF
IS NOT SUPPORTED BY THE RECORD
MANDAMUS ACTION BY THE MICHIGAN COURTS ARE EXTREMELY
SUMMARY
THE PLEADINGS
AND BRIEFS
INDICATE
THAT THE DENIALS
WERE PROBABLY
BASED ON PROCEDURAL GROUNDS

966

LEAVE

US

35

1967

PLAINTIFFS

CAUSE

DO NOT HAVE

OF ACTION

TORT

IN

C4
LII

IS

IT

CONCERNED

WITH

INDIVIDUALS

IN

HORNBOOK
THE

WHICH

PLAINTIFFS

ANY WAY INVADED

BY THE

PLAINTIFFS

THEM BY

OF THE

PRISONERS

APPEARS

OF

OF THIS

PRISON

WHICH
LABOR

98

CJS

HAS

TO DISCUSS

31

OF

TORT

THEIR

WORK AND LABOR

AT

BRIEF

SECTION

AGAINST

TORT
INTEREST

PROPERTY

ANSWERED

BRIEF

AUTHORITIES
THE

IN

THE

CITED
ILLEGAL

QUOTE

36

IT

BY
COMPULSION

FROM

AS FOLLOWS

AND WHERE ONE PARTY WRONGFULLY COMPELS
SERVICES
TO RENDER HIM VALUABLE
TO PAY THEIR
VALUE IS IMPLIED
SO
BE
TO PAY FOR SERVICES
RENDERED WILL
WHO
INTENDED
NEVER
WRONGDOER
AGAINST
TO AVOID
OR WHO INTENDED
DECEITFULLY
OF SUCH
PAYMENT AND WHETHER THE RENDITION
SERVICES
IS SECURED THROUGH DURESS COMPULSION
OR FRAUD MAKES NO DIFFERENCE
WHERE WITHOUT
TO PERFORM
IS
ONE
COMPELLED
LEGAL AUTHORITY
WORK FOR ANOTHER
THE LAW RAISES
AN IMPLIED
FOR THE VALUE OF
CONTRACT FOR COMPENSATION
THE SERVICES
RENDERED
ANOTHER
PROMISE
PROMISE
IMPLIED
TO PAY

FIRST

HOWEVER

THE PRISONER

PLAINTIFFS

12

ILLEGAL

31

BEEN

TO HOLD THAT

CONSTITUTES

WAS IN

WHICH

CONSTITUTED

DEFENDANTS
THE

THAT

DRUG COMPANIES

PROTECTED

ALREADY
OF

PORTION

ARE CLAIMED

AT PAGE

INTEREST

ALLEGEDLY

BRIEF

THROUGH

SUBMIT

DEFENDANT

THE

BY PRIVATE

UNREASONABLE

SOCIALLY

BY DEFENDANTS

PLAINTIFFS

APPROPRIATE

PLAINTIFFS

OF

INVADING

CONTENTION

THIS
TWO SECTIONS

ACTIONS

LABOR

SUFFERED

DEFENDANTS

CONTEND THAT

OF THEIR

AGAINST

AS

REGARDED

TORTS

OF

INTERESTS

NO LEGALLYPROTECTED

POSSESS

UTIJI

IS

FIEJA

PROTECTED

2D ED 1955

TORTS

PROSSER

LEGALLY

THE

OF LOSSES

COMPENSATION

THEIR

OF OTHERS

CONDUCT

LAW THAT

PARKE
THE

IN

LAW IS
THE

AND

TOO BROAD

OF

IN

RIGHT

THAT

IT

THE

SECTION

BY

QUOTATION

34

THIS

STATEMENT

OF

CRUCIAL

FACT

ABSENT

THAT
THE

ASSUMES

PARTY

POSSESSED

SIMILARLY
AND PRISONERS

UPJOHN SUBMIT

THAT

CASE

PRESENT

INVASION

DAVIS

WAS INJURED
THAT

BY

WRONGFUL

PARTY

AM

FROM 41

PLAINTIFFS

AT

DRIEF

JUR

PRISON

38

IT SEEMS AGREED THAT
LESSEE OF CONVICT
LABOR WHO KNOWINGLY
THE SERVICES
RECEIVES
OF
CONVICT
ILLEGALLY
COMPELLED TO PERFORM
SUCH LABOR IS GUILTY
OF
TORT TOWARD SUCH
CONVICT
FOR WHICH HE IS
LIABLE
IS

BASED

ON CASES

OR INVOLVE
THE

FACTS

39

IT

STATUTE
IN

THE

DID

THE

QUOTED PROPOSITION

DIFFERENT

SIGNIFICANTLY

FROM THOSE

IN

SALANT

DECIDED

THAT

THE

RHODE

CONTRAVENE THE RHODE ISLAND

NOT

PLAINTIFFS

SUPRA

BRIEF
LABOR

ISLANDPRISON
ANTISLAVERY

PROVISION

CONSTITUTION

REFERRED
ALLEGED
ARKANSAS
BASIS

AUTHORITY

TO

OF

CASE

IN

JURY

VERY

IN

PLAINTIFFS
HOLDING

THAT

THE

BRIEF
IN

COURT

513

ARK 247

INVOLVED
IN

AFFIRMED

13

FINDING
OPINION

ANDERSON CHARACTERIZATION

39

IS

GREER
37

INACCURATE

1890

764
OF

OF TWO DIFFERENT

NO ERROR

ON

NO

CITING

WHATEVER THE GREER CASE MAY STAND

AT

SW

DETERMINATION

LIGHT

SHORT CONCLUSIONARY

WHATEVER

SUBMITTED

INSTRUCTIONS

THE

STATUTES
OF

CRITZ

GREER

ANDERSON CASE

THE
IN

ERROR

IS

THE

ARE

ANDERSON

IN

WAS SIMPLY

THE

THE

WHICH

DO NOT SUPPORT

CASE

INSTANT

THUS
AT

WHICH

FOR IT

OF GREER

QUOTED

AND GOES FAR BEYOND

THE

CASES

OF CHATTAHOOCHEE

CO

PRICK

GOINGS

LII

CO

GA

69

SE865

81

AM DEC

367

AND

CO

IRON
ALL

CITED

WHO HAD

REQUIRED

BEEN

TAKABLE

IS

TO

BEEN

THESE

THAT

LABOR

STAND

ARE

ENTITLED

COURSE THAT

IN

CO

INJURED

IN

THE

STATES

VIOLATED

FROM COMPETITION

SIMILARLY

BETWEEN

THE
THESE

PRESENT
STATE

OF

BY PRISON

NONE
THEIR

OF THE

BRIEF

BEEN

THAT

THAT

TO DISPOSE

TORTFEASORS

THE

INJURY

AND

CASES

THE

UNMIS

THE

LABOR

MICHIGAN

BELONGED

PERSONS

RIGHT

FROM THE

PRISONERS

PRESENT
OF THE

HUNTLEY
HAVE

THEREFORE
OF THAT

LABOR

EVEN

DESIGNED

TO PROTECT

FREE

AUTHORITIES

RETIED

LABOR

OTHER

CONSTITUTE

38

HAD

ITSELF

AND THE

THEIR

CASE

DISPOSITION
STATUTE

STATE

OF SOMETHING

SUPRA AND THE PLAINTIFFS

BY THE

DISPOSITION

IN

THE

PROPOSITION

CAUSING

TERM

IMPRISONED

DEFENDANTS

OF

COAL

PLAINTIFFS

PRISONERS

TO RECOVERY

TO THE

BELONG

BY PLAINTIFFS

FOR THE

CASES

THE

VARIOUS

EXPIRED

INVOLVED

THESE

WHICH

1914

ILLEGALLY

WRONGFULLY DEPRIVED

OF DISTINCTION

GUNN FURNITURE

IF

3941

WRONGFUL DEPRIVATION

PLAINTIFFS

NOT BEEN

LABOR

OR PARTICIPATED

POINT

IN

WORDS

THE

CASES

OWN LABOR

OF

AT

ALA

804

PRIOR

AND TENNESSEE

CONVICTION

SO

65

BRIEF

OTHER

IAI

HAD

WHO CAUSED

VOID

COMPELLED TO LABOR WHILE

THROUGH

OF THEIR

CASE

BUTLER

PATTERSON

SENTENCE

1862

TO PERFORM FOR THE

THEM

INJURED

MD

ENTITLED

THEREFORE
TO

EXPIRED

PLAINTIFFS

IN

OR CONFINED
WAS NOT

1910

PRECEDENT

FOR THE

UPON
DAMAGE

RELIEF

SOUGHT BY THEM UNDER

COUNT

III

CASE

THIS

IN

C4
LII

IT
AUTHORITIES
RAGHT

TO

RESPECTFULLY

RELIED

IS

NOT

SUBMITTED

THAT

UPON BY PLAINTIFFS
ON

DAMAGE REMEDY

CONTENTION
PRESENT

IS

LEGALLY

TORT

DO NOT

IN

SUPPORTABLE

DOCTRINE

IS

WHERE THIS

SAME CONTRACT

SUCCINCTLY

STATED

AGREEMENT

THIS

R1

THAT

CONTEXT

OF THE

CASE

THE

SEE

THE CLAIMED

SUPPORT

THE

AND

CASES

AND THAT

THEORY

PLAINTIFFS
AXE PRECLUDED FROM RECOVERY
CONTRACT
IMPLIED
THEORY

IN

THE

WHICH

HAAS

DURNP

DOCTRINE

IF

RULE

THAT

TO THE

214

NO CONTRACT

IS

TIBE

THAT
IF

NY
116

FACTS

OF THE

IT

255

US

RYAN

AN

WILL

BE IMPLIED

WOULD BE ILLEGAL

EXPRESS

WOULD BE ILLEGAL

ANDREWS

ALSO

THE

CLEAR

UNDER

WERE

259
491

CASE

LAW WILL

EXPRESS

108

1885
AT

NOT

NE

IMPLY

CARDOZO

1915

423

APPLICATION

BAR INDICATES

AN

THE

SHOULD

OF
CRUCIAL

BE NOTED THAT MANY OF THE CASES CITED
BY PLAINTIFFS
CASES
SUCH ACTIONS
BENEFICIARIES
INJUNCTION
BY THE INTENDED
OF THE MICHIGAN
PRISON
INDUSTRIES
ACT MIGHT BE QUITE PROPER
SEE
FOR EXAMPLE
145 MICH
667
1906
MATHENY
VINCENT
327 108
CITED
AT PAGE 35 OF PLAINTIFFS
IN WHICH REPRESENTATIVES
OF
BRIEF
LABOR AND MANUFACTURERS
IN THE MICHIGAN BROOM INDUSTRY
WERE SUCCESSFUL
IN OBTAINING
AN INJUNCTION
AGAINST
RESTRAINING
PRXSCIW5FFLHALS
THEM FROM PERFORMANCE OF
CONTRACT FOR THE MANUFACTURE OF BROOMS
THE DECISION
FORMER MICHIGAN
BY PRISON INMATES
WAS BASED ON
CONSTITUTIONAL
THE
OF MECHANICAL
PROVISION
PROHIBITING
TEACHING
TRADES TO PRISON
INMATES
AND
DETERMINATION
THE
COURT THAT
BY
THE CONSTITUTIONAL
WAS INTENDED
FOR THE BENEFIT
OF THE
PROVISION
IN
THAT CASE
PLAINTIFFS

ARE

NW

39

PLAINTIFFS

INMATES

LABOR

THE

ADDITION

VERY

FREE

BECAUSE
STATUTE

OF PARKE

AND UPJOHN

DAVIS

SERVICES

PROMISED

CAN BE

TO PAY

WOULD HAVE

BEEN

WOULD BE

119
104

57

IMPLIED
FOR

FRUSTRATED

HIGHER

THAN

CONVICTION

FORMS AN INTEGRAL
LEVIES

THAT

TO

VIOLATE

VERT

GRANT
BOTH

RATHER

TO

PLAINTIFFS

THEIR

LABOR

THE

STATE

WOULD

RELY
ON THE

FOR THE

EVEN

SUCH

PART

VALUC

HAD DEFENDANTS
SUCH EXPRESS

PROVIDED
CONFINED

PART

THE

MAY BE IMPLIED
BERKA

OF
EXPRESSLY
PROMISE

OF THE

CONVICTED

THE

WHICH

STATUTORY

MANDATE

THAN PROMOTE

THE

40

128

SEEK

FOR UNDER
IN

TO OBTAIN

AS

CONSEQUENCE

PRISON

TO PERMIT

SUCH RECOVERY

OF BENEFITS

CRIMES

PLAINTIFFS

SEEK

AND PUBLIC

POLICY

INTEREST

533

LAW FOR

DEPRIVATION

OF

IOWA

CAL

125

MICHIGAN

PUNISHMENT WHICH

UPON THOSE
RELIEF

PLAINTIFFS

PUBLIC

WHERE PUBLIC

WOODWARD

PETTIGREW

CRIMES
VERY

WOULD VIOLATE

PROMISE

THEREBY

OF SERIOUS

WOULD OF COURSE NEGATE

SYSTEM

ANYONE WITH

BELONGED

SINCE

OF COMPENSATION

PERFORMED BY PERSONS

OF THEIR

WITH

PLAINTIFFS

1899 BARNGROVER
1905
NEVERTHELESS

COMPENSATION

INVALID

BEEN

SHORT NO PROMISE

777

NW904

LABOR

LABOR

BETWEEN

AGREEMENT

ILLEGAL

NO PROMISE

POLICY

THEIR

TO PAY

PLAINTIFFS

HAVE

TO CONTRACT

IN

FURTHER IMPLYING
POLICY

AN EXPRESS

UPON WHICH

SUCH AN AGREEMENT

PROHIBIT

THEIR

WERE NOT

THEIR

TO

RESPECT

CASE

WOULD CLEARLY

AND DEFENDANTS

PLAINTIFF

IN

PLAINTIFFS

IN

INCONSISTENCY

WHICH

THE MICHIGAN
DEFENDANTS
HEREIN

SUBMIT

WOULD

AND WOULD

OF JUSTICE

PRISON

SUB

PLAINTIFFS
DAMAGES

HAVE

NOT

AND

SUSTAINED

CANNOT

SHOW RECOVERABLE

C4

IN

ORDER

TO

RECOVER

CONTRACT THEORY PLAINTIFFS

IMPLIED

SHOW THAT

HAVE

THEY

AS HAS
HAVE NOT

BEEN

TO VARIOUS
PRISON

TASKS

AT

THE

DAMAGES EXISTED

IN
THE

SATISFY
THE

LAW

IF

THIS

CASE

OUT

PLAINTIFFS

BY THE

CLINICS

PLAINTIFF

VERY CLEAR

STATE

RATHER

SOME THEORETICAL

RULE

SIMPLY
OF MICHIGAN

THAN

TO THE

INDUSTRY

PRISON

APPLICABLE

OR

DO

CANNOT

THEY

ASSIGNED

RESEARCH

EVEN

IS

THIS

POINTED

BY BEING

OR SOME OTHER

FURTHER

DAMAGES

BEEN

TORT

STATUTORY

WOULD OF COURSE HAVE TO

DAMAGED

ALREADY

INJURED

LAUNDRY

CANNOT

BEEN

ON

DAMAGES

INMATES

THE

DO NOT

AND

MEASURE OF

TO THE

RELATING

THAT

TO MONEY

RIGHT

REASONABLE

VALUE

OF

SERVICES

IS
DETERMINED
LARGELY BY THE NATURE
OF THE WORK AND THE CUSTOMARY RATE OF
PAY
FOR SUCH WORK IN THE COMMUNITY
RWHEREL
THE WORK WAS PERFORMED
58 AM JR WORK
AND LABOR TO AT 518
EMPHASIS

ADDEDF

THUS

MOREHOUSE

IN

THE COURT
CHARGED

HELD

AND

183
VALUE

THE
PERFORMED

IS

BY REAL

PATCH

AT

OF HIS

COMMUNITY

472

TO CONSIDER

PROPER

RECEIVED

PAW
REASONABLE

IT

MICH

183

SHQPARD

474

ESTATE
IN

AN

150

NW 112

THE USUAL
AGENTS

AND BROKERS

ACTION

BY

BROKER

1914

COINNISSION
IN

PAW

FOR THE

SERVICES
WITHIN

CIRCUMSCRIBED

WHICH THE WORK HERE IN

BY THE

41

WALLS

OF

JACKSON

QUESTION

PRISON

WAS

PLAINTIFFS
TO THE

SITUATIONS

SITUATION

UNCONTROVERTED

APP LILA
AT

ALL

OF THE

FORTH

AND

ARE

PRISON

ACT

IF

THAT

RESEARCH

CLINICS
AT

FOR

PLAINTIFFS
THEY

AT

PAID

COMMISSION

TO PROVIDE

OF THE

27

AFFIDAVIT

COMPARABLE

INDICATE

RATE

THAN

THE

IS

REQUIRED

ARE

RESEARCH CLINICS

HAD NOT

SUPERIOR

PURSUANT TO SECTION

BEEN

BEEN

AND

ARE

OF PRISONERS

EMPLOYMENT

THAT

INDUSTRIES

PRISON

AT

AND WITH

FROM THE

APPEARS

NO HARM OR DISADVANTAGE

HIGHER

WOULD HAVE

LOWER RATE

RELATION

IN

WARDEN KROPPS AFFIDAVIT

IN

SUFFERED

WORKING CONDITIONS

APPARENT

TASK

SET

26

AS

PRISONERS

TO OTHER

ASSIGNED

THE

MUST BE CONSIDERED

PLAINTIFFS

WERE AND

THE

SINCE

FACTS

PARAGRAPHS

PRISONERS
THAT

OF OTTER

112A

PLAINTIFFS

THUS

IT

TO THE

ASSIGNED
TO

ASSIGNED

IS

SOME OTHER

INFERIOR

COMPARATIVELY

WORKING

CONDITIONS

PLAINTIFFS
ARE NOT ENTITLED

NOT

TO AN

HAVING

BEEN

DAMAGED

IN

AWARD OF MONEY DAMAGES

ANY

IN

THIS

WAY

THEY

CASE

CONCLUSION

IN
CLAIM

THAT

FOR

COUNT
RELIEF

BY WAIVING

III

OF

SOUNDING
THE

TORT

THE AMENDED
IN

TORT

AND SUING

42

COMPLAINT

PLAINTIFFS

PLAINTIFFS

FURTHER

ON IMPLIED

CONTRACT

ALLEGE
CLAIM
THEY

ARE

ENTITLED

TO THE

DAVIS

PARKE

AND

VALUE

REASONABLE

OF SERVICES

RENDERED

TO

MINIMUM

UPJOHN AS MEASURED BY STATUTORY

WAGE

C4

PROVISIONS
OF

DEFENDANTS

LAW PLAINTIFFS

HAVE

RESPECTFULLY
FAILED

SUBMIT

TO STATE

IMPLIED

CONTRACT

UPON WHICH

RELIEF

ARE NOT

ENTITLED

TO FURTHER

COMPENSATION

THAT
JUDGE

THE

SUMMARY

FREEMAN

JUDGMENT

SHOULD

IN

CAN

THAT

43

MATTER

IN

TORT

OR

BE GRANTED

THAT

PLAINTIFFS

CLAIM

OR ANY THEORY

FAVOR OF DEFENDANTS

BE AFFIRMED

AS

AND

GRANTED

BY

C4

THE DISTRICT
COURT WAS CORRECT IN CRANTINC DEFENDANTS
MOTION FOR SUMMARY JUDGMENT ON COUNT TV BECAUSE EVEN
OF PLAINTIFFS
ASSUMING TIIA
THE UTILIZATION
LABOR WAS CONTRARY TO MICHIGAN
LAW PLAINTIFFS
DID NOT SUFFER
DENIAL
OF ANY RIGHTS
PROTECTED
BY THE UNITED STATES CONSTITUTION

IT
AMENDED

DIFFICULT

IS

COMPLAINT

UNDER

THE

13TH

COUNT

II

IN

PURPORTEDLY

AND 14TH

THE

UNDER

ALLEGING

OF PLAINTIFFS

VIOLATIONS

OF

TO THE

ARGUMENT

ADDS

AMENDMENTS

IV

RIGHTS
UNDER

PRESENT LITIGATION

ON PAGE
THEORY

TO SEE WHAT COUNT

COUNT

BRIEF

OF THEIR

47

PLAINTIFFS

THEIR

STATE

AS FOLLOWS

TV

BEGIN FROM THE BASIC
ASSUMPTION
APPELLANTS
THAT THE RIGHT
OF AN INDIVIDUAL
TO THE FRUITS
OF HIS OWN LABOR BELONGS TO HIM ALONE AND IS
CONSTITUTIONALLY
PROTECTED PROPERTY RIGHT
UNDER THE FOURTEENTH
AMENDMENT EXCEPT TO THE
TAKEN AWAY FROM HIM
EXTENT IT IS LAWFULLY
THE RESIDUE
OF THAT RIGHT AFTER PART OF IT
IS CARVED OUT AND GIVEN
TO THE STATE BY
STATE LAW BELONGS TO THE PRISONER
APPLICABLE

THIS

CONTENTION

ARGUMENT

UNDER

COUNT

MICHIGAN

LAW

LAWFULLY

JACKSON

PRISON

MUST

HAS

NO RIGHT

AND THUS

HE MAY SEE
OF THE

FIT

STATE

TO BE

CONVICTED

BE PUT

TO HARD

TO HIS

LABOR

OWN LABOR

AS THAT

MICHIGAN

FELON

RIGHT

PRISONER

44

TO PLAINTIFFS

IDENTICAL

AS HAS ALREADY

III

EXCEPT
IN

APPEARS

BEEN

DETAINED
PURSUANT

WITHIN
STATUTE

TO

OR TO DISPOSE

MAY BE GRANTED
COMPLETELY

UNDER

STATED

OF

HIM

FORFEITS

IT

AS

BY GRACE
HIS

WORK AS HE CHOOSES

TO

FREEDOM

AND

C4

IT

IN

ORDER

RESTRAINT

STATE

LABOR

PRISON

CERTAINLY

THEIR

LABOR

IS

IN

THAT

BECAUSE

THE

VIOLATION

THE

AT

WORK IS

THAT

THAT

UNITED

AS LAWFULLY

IT

IS

AND

OF

RESTRAINT
RIGHT

ON THE

TO

ALLEGEDLY

RISK

OF BEING
ABSURD

PLAINLY

OR OTHER

OF CRIMINAL

STATES

RIGHT

AND ONLY
STATUTE

WHICH

MAY CONSTITUTIONALLY
THEREOF

THAT

9TH

193

780

PROPOSITION

IS

IS

BE DEPRIVED
EXACTLY

45

INMATES

CIR

WHAT THE

MAY

1963
1967

SAY THAT

OF THEIR

THEY

BRIEF

MD PA
TO

FREEMANS

JUDGE

PLAINTIFFS

SUPP

263

THE

F2D

WITH

PRISON

TO WORK

315

INMATES

PUTTING

AGREE

CONVICTED

RHAY

WAY OF

FRUITS

THE

BECAUSE

EXPRESSLY

ANOTHER

THE

CLINICS

VIOLATION

INMATES

DRAPER

FALLIS

RESEARCH
IN

THAT

PURPOSES

THE STATE

THE

LABOR

OF

STATUTORY

THAT

STATUTORY

AT

LABOR

AND DISPOSE

CONSTITUTIONAL

BE COMPELLED

CONSTITUTIONALLY

47

SUBMIT

HAVE

FACT

WHEN THE

ACT

OF THE

THIS

DIRECTS

VERY LABOR

PLAINTIFF

PAGE

INMATES

OF THE

TO SPEAK

SO

EFFECT

FOR CERTAIN

COMPEL

THIS

RETURN

IN

LABOR

THE

TO

RIGHT

FURTHER

PRISON

SHOULD

LABOR

CONCLUSION

BASIC

281525

FREE

PRISON

MICHIGAN

LABOR

NOT ALTER

DEFENDANTS AGAIN

TO THEIR

PROHIBITS

THE

DOES NOT

PLAINTIFFS

THEIR

THEREFOR

COMPENSATION

TO DISPOSE

RIGHT

WITH

DOES

MICHIGAN

TO THE

UTILIZED

REDUNDANT

HAS

IN

STATE

SOLE

COMPETITION
STATE

ON THE

THE

ONLY

AVOID

TO

MSA

NOT TO UTILIZE

INMATES

OF THE

SECTION

800305

WHICH HAS THE

STATE

PRISON

THAT

MCL

ACT

INDUSTRIES
THE

TRUE

IS

RECEIVE

TO

PRISON

LABOR

STATE

AND

OF MICHIGAN

HAS DONE BY STATUTE

NSA

281526

MUST BE PUT

TO THE

MCL

AND

TO HARD

HAD PRIOR

THEY

THUS

STATE

CO

PLAINTIFFS
STATE

OF

47

PAGE
CASES

PLAINTIFFS
VIOLATION

LABOR

IN

CONCEDE

THUS

EVEN

LAW

IT

OF THEIR

THOSE

LABOR

CASE

LABOR

513

CAL 1959

THE

HEAVYWEIGHT

31

IS

CONSTITUTE

CIR

ASSUMED

AND
OF

BE

TO

THAT

BRIEF

1968

UTILIZATION

THE

OF

PLAINTIFFS

8TH

PLAINTIFFS

JUDGE

IN

FREEMAN

CONSTITUTIONAL

TO COMPEL

COURT

ARE NOT

HERE

INVOLVED

OR

CREATIVITY

AS COMPELLING

CHAMPIONSHIP

PLAINTIFFS

EXIST

WORK OF PRISONERS

AND FOR COUNTY

IN

PICTURES

MAY

MAY BE CONSTITUTIONALLY

IT

INVOLVING

SUCH

LIMITATIONS

LIMITATIONS

ARGUABLY

SUPERIOR

TO PAINT

HUNTLEY

RIGHTS

VIOLATED

OFFICIALS

INMATE

BELONG

PRISON

ITSELF

SUBMITTED

IS

THAT

IN

659

THOUGH

OFFICIALS

BY PRISON

POWER OF PRISON

PRISON

LABOR

MERE VIOLATION

RIGHTS

F26

404

WHATEVER CONSTITUTIONAL

COMPEL

PRISON

IN

THAT

CONSTITUTIONAL

CONCLUDING

NOT BEEN

PRESENT

TO THEIR

JACKSON

NOT

DOES

LOWRIE

OF MICHIGAN

WAS CORRECT
HAVE

FEDERAL

THEREIN

CITED

IN

INMATES

PRISON

SUPRA

OFFICIALS

SIGLER

281407

ARE CONFINED

FURTHER

LAW BY PRISON

VIOLATION

DETENTION

PLAINTIFFS

GUNN FURNITURE

800306

AND WHATEVER RIGHTS

TO LAWFUL

WHILE

MCL

MSA

80038

LABOR

TO

PURSUANT

OR

AS SUGGESTED

IN

OR DISPOSE

IN

IMPROPER

OF

MARTIN

TO

P24

345

TO FIGHT

FOR

AN ARTISTIC

PRISON

PLAINTIFFS

BRIEF

HOWEVER DO NOT AND CANNOT

46

THE

INDIVIDUALITY

MUHAMNED ALL

REQUIRING

ON THE

CONTEND

THAT

THEIR

INVOLVED

WORK ASSIGNMENTS
ANYTHING

BUT

AT

THE

PRISON

LABOR

ORDINARY

RESEARCH

ALBEIT

CLINICS

OF VARYING

DEGREES

OF SKILL

IT
CONTENTIONS

IS

RESPECTFULLY

OF PLAINTIFFS

FREEMAN WAS CORRECT
ON COUNT

IV

OF

IN

SUBMITTED

INSUBSTANTIAL

ARE
GRANTING

PLAINTIFFS

THAT

SUMMARY

AMENDED

47

THE

CONSTITUTIONAL

AND

THAT

JUDGMENT

COMPLAINT

FOR

JUDGE
DEFENDANTS

VI

C4

RELIEF

CO

PEFENDANTS PARKE
SUBMIT

THAT

FEBRUARY

JUDGE
1971

DAVIS

FREEMANS

APP

REQUESTED

AND

UPJOHN

ORDER ENTERED
SHOULD

223A

RESPECTFULLY

MILLER

RESPECTFULLY

IN

THIS

BE AFFIRMED

CASE

ON

COURT

BY THIS

SUBMITTED

CANFIELD

PADDOCK

STONE

BY
FOR PARKE DAVIS
ATTORNEY
2500
DETROIT
BANK AND TRUST
48226
DETROIT
MICHIGAN

DYKEMA GOSSETT

SPENCER

COMPANY
BUILDING

GOODNOW

AND
BY

ROLL
FOR THE UPJOHN
ATTORNEYS
2700
PENOBSCOT BUILDING
DETROIT
MICHIGAN 48226

DATED

DETROIT
JUNE

15

MICHIGAN
1971

48

COMPANY

TRIGG

C4
CM

ADDENDUM

RULE

23

FEDRCIVP

CLASS

ACTION

TO CLASS

PREREQUISITES

ACTIONS

ONE OR MORE MEMBERS OF

REPRESENTATIVE
THE

MEMBERS

LAW OR FACT

OF THE

OF THE

STATE

REPRESENTATIVE

WILL

PARTIES

INTERESTS

OF THE

OF MICHIGAN

EMPLOYEE MEANS

AN INDIVIDUAL

OF THE

65

YEARS

EMPLOYER

CLASS

OF

CLAIMS

OR

ARE TYPICAL
AND

THE

AND ADEQUATELY

FAIRLY

CLASS

WAGE LAW OF 1964

172552FLB
BETWEEN

EMPLOYED BY AN EMPLOYER

EMPLOYER OR AT

OF ALL
QUESTIONS

THE

PARTIES

MINIMUM

MSA

AND

ARE

AS

IF

ONLY

JOINDER

CLASS

MCL 408382B
18

THAT

OR DEFENSES OF THE

REPRESENTATIVE
THE

OF ALL

THERE

COMMON TO THE

CLAIMS

PROTECT

SO NUMEROUS

IMPRACTICABLE

IS

DEFENSES

IS

SUE OR BE SUED

MAY

ON BEHALF

PARTIES

CLASS

CLASS

FIXED

SITE

THE

AGES OF

ON THE

DESIGNATED

PREMISES
BY THE

COURT

CATVIN

IT
MS
WALTETH
CUIMONT

FWVLI

WILLIAMS
LGIU

DTJAARY

KENN
SAI41

WAFLN

0F

INMAN

TWITMACEL

LKKY

PAUL

TIH7

PAYM

TT

NF

MMU
NJ

PH4 LI
RD2QALFLTH

THLTAN

FLBDTHUX

NT LI IIM
RAVMON DIR

INI

GWTKTI

PVTFL EOTCP TLLWV

THIA

PAUL MELLEF44T
TAVL

BENNY
FLYIS

SYJITEVL

JMVRLV

RALIFLA

FLT

WLO

UFLAD
HTH

LIIRI9

WAR AV
TAV

TT4I

OT THUH
40

ITHIAWART

FL

CII

TLHTG

IGA

LAN1W

LDFHP TOW CCI
IT
CNTPOI
OF MR
OP TORLL
TATIT4
MH9FL
UIZ

H1

MAX

FLUAHE
CCYCTON

FLWVN

AND

ROV

JCLIPT

CU

2I

FUL

FJI

JRR

IRFL
III

IT

TTFI

CTILLA

LW
II

III

PN

KU

RODJHITT

TABLE

OF CONTENTS
PAGE

TABLE

OF AUTHORITIOS

STATEMENTS

OF

ISSUES

PRESENTED

VI

STATERNEN OF THE CASED
NATURE OF THE CASE
STATEMENT OF FACTS
SUMMARY

OF ARGUMENT

ARGUMENT
DID THE DISTRICT
COURT ERR IN RULING THAT
COUNTS II
III
AND IV OF PLAINTIFFS
AMENDED
COMPLAINT ARE NOT RNAINTAINABLC
CLASS
AS
ACTION BECAUSE OF PLAINTIFFS
FAILURE
TO
ESMBLISH THE SIZE OF THEIR CLASS
SUFFICIENTLY

IT

DISTRTCT COURT ERR IN GRANTING DEFEN
MOTION FOR SUMMARY JUDGMENL UNDER GOUNL
OF PLAINTIFFS
AMENDED COMPLAINT BECAUSE
PLAINTIFFS
WERE NOT EMPLOYEES WITHIN
THE
MEANING OF THE FAIR LABOR STANDARDS ACL
DID

THE

DANTS

THE

QUESTION

THE

RIGHT

TO

TO HIRE

BE DECIDED
AND

APPLICAELON

OF HUNTLEY

15

FIRE

OTHER FACTORS PERTAINING
OF ECONOMIC
APPLICATION
REALITY TEST

16
TO
20
GURIN

CONCLUSION

III

DID

15

DISTRICT
COURT ERR IN GRANTING SUMMARY
TO DEFENDANTS ON COUNT II
JUDGRNCNT
OF PLAIN
TIFFS
AMENDED COMPLAINT BECAUSE PLAINTIFFS
WERE
NOT EMPLOYEES WITHIN
THE MEANING OF THE MICHIGAN
MINIMUM WAYC LAW

23

26

THE

27

PAGE
C4

TV

DID

THE DISTRICT
COURT ERR IN GRANTING SUMMARY
OF PLAIN
JUDGMENT TO DEFENDANTS ON COUNT III
TIFFS
AMENDED COMPLAINT BECAUSE PLAINTIFFS
WERE NOT DEPRIVED OF PROPERLY UNDER MICHIGAN
LAWAND BECAUSE PLAINTIFFS
WERE NOT INTENDED
BENEFICIARIES
UNDOR THE MICHIQAN PRISON IN
DUSTRIES ACT

PLAINTIFFS

THEORY

THE

LAW OF MICHIGAN

THE

ILLEGALITY

THE

BASIS

OF THE

30

OF RECOVERY

32

OF DEFENDANTS

UTILIZATION
ILLEGAL
LABOR DY DEFENDANTS
TORTIOUS
ACT

34

ACES

OF PLAINTIFFS
CONSTITUTED

DISTRICT

38

COURTS
41

RULING
DID THE DISTRICT
COURT ERR IN GRANTING
DEFENDANTS
NOTION FOR SUMMARY JUDGMENT AS TO COUNT IV OF
PLAINTIFFS
AMENDED COMPLAINT
BECAUSE EVEN
THE ILLEGAL
USE OF PLAINTIFFS
ASSUMING
LABOR
CONTRARY TO MICHIGAN
LAW THEY SUFFERED NO DENIAL
OF FEDERALLY
PROTECTED RIGHTS
CONCLUSION

ADDENDUM CONTAINING

30

46

50

RELEVANT

STATUTORY PROVISIONS

II

AND

RUWS

51

OF AUTHORITIES

TABLE
C4
C4

PAGE

CASES

MICH

LATHROP

36

1850

438

SALANT

ANDERSON
BROMWELL
OI

PRISON

OF STATE

AGENT

96

CO

BRUSH
286

CHARITIES

CHATTAHOOCHEE PRICK

GA

425

RI

1915

STATE

BOARD

R7S7

DC

CO

GOINGS

39

KY 1922
69
SF 865

38

1910

CITIZENS
143

BANKING

COOPER

PATE

F2D

CO

MONTICELLO

CIR

8TH

261

US

378

DANK

STATE

1944VT77

546

1964

12
49

NEWPORT NEWS GENERAL AND NONSECTARIAN
375 F2D 648
4TH CIR
HOSPITAL ASSOCIATION

GYPN
1967
DAVIS

DETROIT

RHAY

US

WHITAKER

NY

261

GREER

CRITZ

13

F2D

MICH

78

1890

33

1949

34

58

COMPANY

9TH

1953

INDUSTRIES

47

INC
12

1968

TRUST

CO

SW 43 ARK
SW 764 ARK

PALM SPRINSS
909

CIR

9TH

INC
16

NEW

JONES

193

LITTON

1966
DC NYJCRS

HARRIS

214

HOUSE COOPERATIVE

1960

28

GREEN

329

F2D

315

164

VSTXPP

GOLDSTEIN
363

ENGINE

CORSD

GOLDBERG

325

MICH

885

38

DRAPER

366

FIRE

LIAISE

MICH

81

PARK

HIGHLAND

DONOVAN

FIDELIS
293

DISTRICT

SCHOOL

12

39

1924

ALPINE ESTATOS
1964

CIR

J11

FRD

13
37
39

INC
13

29

PAGE
FURNITURE

GUNN

HUNTLEY

WAX MICH

1948

DC PA

281

299

US

LEE

GO

145

PRIOR

1968

333

MICH

AM DCC

81

III

NE2D

POWELL

EMPLOYMENT

SEC COMM

LOWRIE

SIGLER

TENN

218

PCTOFSKY

WALLING

F2D

136

SANDERS

WRI

MCCANN 389

WYANDOTTE

CO

UNITED

MICH

37
455

CIR

519

STATES

1958

SO

65

6TH

2D
389

CIR

CIR

1943

1967

US

4748

804

USDC1950

175
78

40

38

BUTLER

R2D

F20

345

8TH

659

FSUPP

90

1938

1923

CO

COAL IRON
1914

ALA

TISA

453

724

404

35

MD 1862

367

HUGHES 18

MABEY

49

1906

327

PEOPLE

PRICE

SNPP

CR CO

ILLINOIS

US

VINCENT

PATTERSON

43

36

WASHINGTON

MANTHEY

MARTOCELLO

11

1936

334

110

1941
COLLAR

KENTUCKY WHIP

FSUPP

79

2324254344
CO

EQUIPMENT

ICEPLANT

CC

191

12
16
49

1907

42

CONSTITUTIONS
UNITED

STATES

THIRTEENTH

AMENDMENT

47

FOURTEENTH AMENDMENT
MICHIGAN
ARTICLE

SEC

18

CONSFRITUTICN

IV

OF

1850

35

PAGE
C4

STATUTTS

LFL

STATES

UNITED
IS
29
29
29

USC
USC
USC
USC

MICHIGAN

1761
203

36

CI

15

203

15

203

16

STATUTES ANNOTATED

SEC 172552

27

SEC 1725514

27

SEC 281525

35

SEC 281530

35

SEC 2822712341
SEC 282308

23

RULES
FEDERAL

RULES

RULE

23A

U1E

8B

OF CIVIL

PROCCDUTE

791OAY1314
11

MISCELLANEOUS
AMERICAN

JURISPRUDENCE

AMERICAN JURISPRUDENCE
CALLAGHANS
CORPUS

MICHIGAN

JURISSECUNDUM

VOL
2D

VOL

PLEADINGAND

VOL

38

41

98

44

48

PRACTICE

VOL

32
32

C4

PRESENTED POR REVTEW

STATEMENT OR ISSUES

DID

THE

DISTRICT

III

AND

IV

TO

ERR TN RULING

OF PLAINTIFFS
AS

MAINTAINABLE
FAILURE

COURT

THAT

COUNTS

AMENDED COMPLAINT
ACTION

CLASS

ARE NOT

BECAUSE OF PLAINTIFFS

ESTABLISH

SUFFICTENTLY

II

THE

SIZE

OF THEIR

CLASS

THE

DISTRICT

THE

APPELLANTS

THE

APPOL1E

QOURT
SAY

ANSWEREDNC

YES
NO

SAY

II

DID

THE

DISTRICT

COURT

ERR

IN

GRANTING

DEFENUANTST

MOTION FOR SUMMARY JUDGMENT UNDER COUNT

TIFFS

AMENDED COMPLAINT

EMPLOYEES WITHIN
DARDS

THE

BECAUSE PLAINTIFFS

MEANING OF THE FAIR

ACT

NO

COURT ANSWERED

THE

DISTRICL

THE

APPELLANTS

THE

APPELLEES

SAY
SAY

YES

NO

VI

CT PLAIN
WERE NOT
LABOR

STAN

C4

III

DID
NENT

THE
TO

DISTRICT

COURT

DEFENDANTS ON COUNT

COMPLAINT

BECAUSE

IT

MEANING OF THE

THE

DISTRICT

THE

APPELLANTS

THE

APPELLEES

PLAINTIRFE

OF

WERE NOT

PLAINTIFFS

TH

GRANTTNG SUMMARY

ERR IN

MINIMUM

MICHIGAN

AMENUED
WITHIN

ENPLOIEES

WAGE

JUDO

LAW

AR NO

COURT
SAY

NO

SAY

IV

DID

THE

DTSTRICT

COURT

ERR IN

GRANTING SUMMARY

MENT TO DEFENDANTS ON COUNT ITT
COMPLAINT

BECAUSE PLAINTIFFS

NOT INTENDED
INDUSTRIES

THE

BENEFICIARIES

UNDER

COURT ANSWERED

THE

APPELLANTS

THE

APPELLEES

SAY
SAY

DEPRIVED

BECAUSE PLAINTIFFS

ACT

DI

PLAINTIFFS

WERE NOT

LAW AND

PERTY UNDER MICHIGAN

OF

NO

YES

NO

VII

THE

MICHIGAN

JUDG
AMENDED
OF

PRO

WERE

PRISON

C4

DID

TILE

DISTRICT

COURT

ERR IN

GRANTING

DEFENDANTS

MOTION FOR SUMMARY JUDGMENT AS TO COUNT IV

TIFFS
ILLEGAL

AMENDED COMPLAINT
USE

DISTRICT

THE

APPETLANTS

THE

APPEILCES

COURT
SAY
SAY

TUE

LABOR CONTRARY TO MICHIGAN

NO DENTAL

OF FEDERALLY

RIGHTS

THE

PLAIN

DECAUSE EVEN ASSUMING

OF PLAINTIFFS

LAW THEY SUFFERED

OF

ANSWERED

YES
NO

VI

NO

PROTECTED

UNITED

COURT

STATES

FOR

SIXTH

THE

OF

APPEALS

CTRCUTT

NC 711170

RICHARD ALLEN FRANK ROGERS BTLLY LEE
WALTER LEE FLOYD SLAGER PETER GEORGE MILLS
WILLIAMS
WILLIAM
ORDELL VILBURN
LEE IT WALKER CLEMONT DEDEAUX
BENNV
FRED
SPELLS
HERBERT
WILLIAMS
HOLNACEL
CLEARY
BAILEY ORCEAN DAVIS JERRY
KENNETH
INMAN RAYMOND
THOMAS
BOYD
LORD RALPH WATSON CHESTER
KELTON
MACK
PHILLTP
MQGHEE VERNON IT MEVIS RALPH
SAWICKI
KENNEDY PAUL ROSS HERMAN HEAD GERALD
WARNER RONALD
LONNIE PAYNE
THOMAS
MULLIGAN
NORMAN PAUL MILLER
AND
KENNETH
MARSHALL
ESPICH
ROBERT MASON GAYLORD
CALVIN

SIMS

PLAINTIFFSAPPELLANTIS

CO

CO

THE UPJOHN
PARXE DAVIS
MICHIGAN CORPORATION
OF THE
EJEPARTMENT
OF
CORRECTIONS
DELAWARE CORPORATION
ELEANOR
JAMES
WADSWORTH
HUTZEL
STATE OF MICHIGAN
RICE
FARLEY JOHN
ERNEST
BROOKS MAX FIBER
JOSEPH
ROBERT
FLORENCE
GROSS
DUANZ
CRANE
WATERS
COTTON AND GUS HARRISON

CJ

DEFENDANTSAPPELLEES

APPEAL

FROM THE
FOR THE

DISTRICT
EASTERN

COURT

OF THE

DTSTRICT

OF MICHIGAN

SOUTHERN DIVISION

PLAINTIFFS

APPELLANTS

UNTTED STATES

ERIEF

BI

ITSCC

CO
CO

STATE
NATURE OF THE

CO

AND THE

23

APRIL
SEEK

AT

ARE

AND COUNT

AND

THE

ENTITLED
TI

STATE

AMENDED

INERUIT

THEORY WHILE

PLAINTIFFS

THE

PLAINTIFFS

THAT

IN

ECONOMIC REALITY

THE

THE

UNDER

LABOR

DRUG COMPANIES

AND

THE

UNDER

ACTION

EMPLOYEES

THE

RESULTANT

PLEADINGS

AND

THE

LTICITLBCCS

THE

FACT

D4INIMUM

ALLEGE
OF THE

WAGE LAW

QUANTUM

COUNTS

OF THE

OF

AND TI

DRUG COMPANIES
CONTROL

CORE OF COUNT ITI

OF THEIR

OF

BY

PLAIN

PROPERTY

CORRECTIONS

THE

AND IV

CONSPIRACY ON THE PART
MICHIGAN

ACT

58A

LAW UTILIZATION

DEPRIVATION

PLAIN

ON VIOLATIONS

OF CUSTODIAL
THE

1970

STANDARDS

RECOVERY ON

UNDER

ON

21

ALLEGES

LABOR

FOURTEENTH AMENDMENT

UNDER MICHIGAN

THE

FAIR

DAMAGES BASED

DEPARTMENT OF CORRECTIONS

ALLEGED ILLEGAL

THE

FILED

ON JANUARY
COUNT

DAVIS

BY PARKE

COMPLAINT

FILED

SEEKS

III

GRAVAMEN OF THE

DESPITE

THE

SEEK

MICHIGAN

OPERATED

FIRST

THE

WHO ARE OR

PEOPLE

SOUTHERN

CLINICS

PROTECTION

WERE ACTUALLY

IS

MICHIGAN

THEORXES

BY

OF

PRISON

COUNT TV SEEKS

UNDER

RIGHTS

PRISON

COMPLAINT

COUNT

MICHIGAN

FILED

DRUG

AT THE

SIMILAR

ALLEGES
OF

IN

TO PROTECTION

OF THE

TIFFS

CO

ACTION

STATE

LABOR

RECOVERY UNDER FOUR

TIFFS

IS

THE

THEIR

UPJOHN

1968

CLASS

IS

BEEN PRISONERS
RECOVERY FOR

ING

CASE

CASE

THIS
HAVE

OF THE

58A
OF THE

DEPARTMENT

UTILIZE

TO ILLEGALLY

PLAINTIFFS

LABOR

WTTHOUTPROPER

PAYMENT

THERE

6TH

FOR

AFTER

ANSWERS WERE FILED

ROGATORIES BY PLAINTIFFS
JUDGMENT

SUMMARY

HAD BEEN ANSWERED

AS TO LIABILITY

MOVED FOR SUMMARY

IV

THEY

MOVED TO DISMISS

MENT

OF CORRECTIONS

PLAINTIFFS

ITS

NOT BE MAINTAINED

COULD

THE DISTRICT
GARDING

THE

CIENTLY

ESTABLISHED

FURTHER

TREATING

JUDGMENT
ORDER

CLASS

FILED

GRANTED

THE
THE

SIZE

MOTIONS

ORDER

TO THE

ARE
AT

AFTER

REFERRED

TO

AS

JACKSON

AFTER

REFERRED

TO

AS

UPJOHN

REFERRED TO AS PARKE

DAVIS

TO

RE

MOTION

HAD NOT SUFFI

PLAINTIFFS

DISMISS

PLAINTIFFS

52A

ACTION

190A

THE

AS MOTIONS

COURT

FOR SUMMARY

ON ALL

DEFENDANTS

PLAINTIFFS

COUNTS

BY

CLAIM

FILED

OF

APPEAL

PRESENTED FOR REVIEW

ISSUES

OF SOUTHERN MICHIGAN

THAT

224A

1971

PLAINTIFFS
PRISON

TO

AND

DEFENDANT

CLASS

THE

SUMMARY JUDGMENT

FEBRUARY

RELEVANT

OF

III

MOVED TO DISMISS

GRANTED DEFENDANTS
THAT

DEFENDANT

AND

DEFENDANT DEPARFR

FOR AN ORDER
CLASS

FINDING

MOVED FOR

ENTIRETY

AS

COURT

ACTION

FROM THIS

FACTS

ITS

INTER

AND

COUNTS

53A

MEMBERS

MOVED THE COURT

ALSO

TI

COUNT

IN

PLAINTIFFS

UNDER

JUDGMENT

INDIVIDUAL

AMENDED COMPLAINE

DRUG COMPANIES
ACTION

AND

DEFENDANTS

UNDER COUNT III

ONLY

DRUG COMPANIES
ALSO

BY ALL

OR HAVE

BEEN

IACKSON

INMATES

MICHIGAN

59A

THE

AND PARKE

DAVIS

ARE

CORPORATIONS

AT

THE

STATE

SOMETIMES

UPJOHN

HERE

COMPANY

HERE

COMPANY HEREAFTER
ORGANIZED

FOR

PROFIT

429

CO

MICHIGAN

IS
OF

THE

STATE

ARE

OTHER

EITHER
CLAIM

DRUG MANUFACTURING
WHILE

CORPORATION
DELAWARE

OF

UPJOHN

PLAINTIFFS

THOSE

BEEN INMATES

ARE OR HAVE
AS DO THE

BESIDES

AND

NAMED

AT

ACTS OF THE

PUBLIC

NSA

282341
TION

BODY ORGANIZED

OF

ALL

INDIVIDUAL
OF

THE

TIFFS
THE

OF PRISON

DEFENDANTS

CLAIM

COMMISSION

BACK

SAME

CASE

ALL

COMMISSION

AL

SEC
ARE

THE

OVER

BEEN

RELEVANT

WHO HAS BEEN

MANAGEMENT

NSA

282274

OR HAVE

TIMES

ADMINISTRA

THE

OVER

THE

282271

SECTIONS

SPECIFICALLY

INDUSTRY

OF

IS

THE

MEMBERS
TO

PLAIN

DIRECTOR

OF

BEEN CARRYING

ON

THE

59A
DEFENDANT DRUG COMPANIES HAVE

DRUG RESEARCH AT JACKSON
DATING

THIS

THE

ACT NUMBER 232

1953

OF

EXCEPT FOR GUS HARRISON

BOTH

DAVIS

IN

WHO

COMPLAINT

AND WHO HAVE

JURISDICTION
AND

AND

CORRECTIONS

MICHIGAN

UNDER

OF MICHIGAN

LABOR

LAWS

THERE

COMMERCE

DEPARTMENT OF CORRECTIONS

ORIGINALLY

INSBILUTIONS

THE

BUSINESS

DOING

THIS

DAVIS

59A

AND HAS EXCLUSIVE

PENAL

AND CONTROL

STATE

ARE

IN

JACKSON

PLAINTIFFS

DEFENDANT MICHIGAN
CORPORATE

NAMED

UNDER

ORGANIZED

IS

INTSERSLATE

IN

PARKE

INDUSTRY

BOTH COMPANIES

BUT

STATE OF MICHIGAN

THE

THROUGHOUT

THE

IN

GENERALLY

ENGAGED

FOR

1934

SOME

YEARS

THE

ACTIVITIES

OF PARKE

36A

WHOSE POWERS WERE TRANSFERRED TO THE DEPARTMENT OF GORRECTITONS
CREATED BY SEC 275 OF THE EXECUTIVE ORGANIZATION
ACT OF 1965
SEC 329
ET SEQ
TO
SECTION
277
OF SAID ACT
PURSUANT

MSA

THE DEPARTMENT OF CORRECTIONS IS ADMINISTERED
BY THE CORRECTIONS
COMMISSION
OF SIX
MEMBERS WHICH NUMBER WAS
CONSISTING ORIGINALY
REDUCED TO FIVE
THE
BY LHE EXECULIVE
ORGANIZATION ACT OF 1965
EXECUTIVE OFFICER OF THE DEPARTMENT OF CORRCTIONS
IS ITS
PRINCIPAL
WHO IS APPOINTED BY THE COMMISSION
DIRECTOR

LI
VOLUNTEERS FROM AMONG THE PRISONERS

GENERALLY
USED

AS

GUINEA

CO

TO ENGAGE IN

PIGS

U1TIN

PRODUCTS WHICH ARE

REFINING

INTERSTATE

IN

UPJOHN

WITH

AGREEMENT

AN AGREEMENT
CORRECTIONS

NOVEMBER

THE

1963

SIMILAR

TO RETAIN

AN ARCHITECT

AND

ON NOVEMBER
AND

OF

TO PAY

CLINICAL

THE

ALTHOUGH

THE

DEPARTMENT OF CORRECTIONS

PLETELY
IS

CONSTRUCTION

DRUG COMPANIES

FIXED

EQUIPMENT

IS

ANY INSURANCE

IGAN
IN

THE

PLETED

ALL

EVENT

ARE TO BECOME
DRUG COMPANIES
RESEARCH

ONLY

THE

THE

IS

1963

THE

47A

THE

ENTIRE

GIVEN

THE BUILDING
AND

TO BECOME

ON

TO

OF ABANDONMENT OF THE

BUILDING

AND EQUIPMENT

ON THE

OF

AT

PRISON

THE

TO APPROVE

COMPLETED
OF

THE

BUI

STATE

RESTORE

PROJECT

THE

OF

AS LONG

THE

AS THAT

RIGHT
SORT

TO

USE

THE

OF RCSEARCH

MICH

BUILDING

WHEN PARTIALLY
CBNSTRUCTION

BUILDING
IS

CORN

SITE

PROPERTY OF THE DEPARTMENT OF CORRECTIONS

ARE GIVEN

COM

TO BO EQUIPPED

IS

USED TO

COM

EXPENSE

FROPERTY OF THE
BE

32A

DRUG

RIGHT

AS SOON AS THE

THE

PROCEEDS ARE

THE MATERIALS

FOR

BUILDING

DEPARTMENT OF CORRECTIONS ALL

ACCEPTED BY THE

AND

ARID

THE

BY

18

TO

DEPARTMENT OF

RESEARCH BUILDINGS

CONSTRUCTING

BEFORE

FUR

DEPARTMENT OF CORRECTIONS

AND

PLANS

ARE

PROGRAMS

AGREEMENT WAS EXECUTED BETWEEN THE

PLANNING

THE

AND

GREAT PART BY LABOR

THESE AGREEMENTS GENERALLY REQUIRE
PANIES

DAVIS

RESEARCH AT THE PRISON

COMPANY AND THE L4ICHIGAN

UPJOHN

PARKE

BY

AND

FINISHING

FROM JACKSON PURSUANT

CONSTRUCTION

TO THE

CLINICAL

OF THE

21

IN

BETWEX PARKE DAVIS

WAS SIGNED

IN

DRUG TESTING

ISLA

DRUG COMPANIES

RELATING

CONDUCTING

THESE

DEPARTMENT OF CORRECTIONS

THE

BY

SOLD

OR HAVE BEEN ADMINISTERED

ADMINISTERED
NISHED

COMMERCE

AND

DRUG TESTING

ARE

THE

FOR CLINICAL

CONDUCTED

AT

THE

THE

PRISON
FOR THE

AGREEMENTS FURTHER

THE

RESPONSIBLE

DRUG COMPANIES

RESEARCH IN

OF CLINICAL

CONDUCT

MAKE

THE BUILDING

DEPART

THE

CO

MENT OF CORRECTIONS

THE

HAVE

AGREEMENTS

AND IT
ACTS

IS

THE

STAFF

AND

NOT

SO CALLED

DID

RESENTATIVES

OF THE

ANY

OTHER

WOULD HAVE

COERCION OR THREAT

IN

NOT

PRISONERS

REFUSAL

TO THEM AND

EXPRESSLY

REP

WOULD

AS THEY

AND

PENALTIES
IF

WHO

DO SO BY THE

JUST

INDUSTRY

IMPLIED

WAS CLEARLY

THE

OR DRUG TESTING
THE

PIGS

WERE ORDERED TO

RE SUITED

AS OTHERS

ADMINISTRATIVE

PRISON

THAT

AND RUN BY DEFENDANT

ORGANIZED

DEPARTMENT OF CORRECTIONS

BE ORDERED BO WORK IN

DIRECTED

AS WELL

VOLUNTARY GUINEA

SO BECAUSE THEY

THUS WORKING

WORK AS

DILNICS

WORKED AS PART OF THE
AS

EXECUTION

TERMS

JJA

OCCURRED

NAMED PLAINTIFFS

THE

TO

WITH THEIR

ACCORDANCE

SUBSEQUENT TO THEIR

PERIOD

DZUG TESTING

DRUG COMPANIES

REASONABLE STEPS

RESEARCH BY THE DRUG COMPANIES

CARRIED OUT IN

OF BY PLAINTIFFS

ALL
IN

BEEN

THE

DURING

COMPLAINED

WORKED

ALL

TAKE

CONDUCT OF CLINICAL

THE

FACILITATE

TO

AGREES

TO
SUCH

STATED

94A
MANY DIFFERENT
THE DRUG CLINIC

FACILITIES

RATE OF PAY PER

DAY

JOB

AND

OPPOSITE

CHIEF

TECHNICIAN

TECHNICIAN
TECHNICIAN
CHIEF
CLERK
NURSE
NURSE

TRAINEE

CLERK

SUPERVISOR

THEY

EACH
TILE

JOB CLASSIFICATION

CLASSIFICATIONS
ARE

LISTED

HAVE

AS FOLLOWS

UPJOHN

THE

COMPANY

RATE

PERFORMS SPECIFIC
OPERATION OF

TASKS SUCH AS
EEC MACHINE
SAME AS CHIEF
SAME AS CHIEF
CLERICAL
TASKS
CLERICAL
EASKS
ACTS AS NURSE
WITH CLINICAL
SAME AS NURSE

WITH

AT

182A

DUTIES

ORDINARILY

EXISTED

TECHNICIAN
TECHNICIAN

IN CONNECLION
TESTS
SUPERVISOR

76
50
35
75
49
50
30

OF

PAY

125
75

50

125

75

100

50

CV

COOK
CHIEF
COOK
KITCHEN
PO
KITCHEN

PAN
MAN

L4AINTSNAFLCE

HEAD PORTER
PORTER

PARKE FLAWS

CLERK

CHIEF

PREPARATION

CLERK
CHIEF

OF

HEAD PORTER
MAINTENANCE

PORTER

ARID

MAN
NURSE

SUPERVISOR

NIGHT

OF THE
DUE

DRI

TO EACH

ARC

PRISONER

PROGRAM AND HAD TASKS
OTHER THAN

CEIVED

THE

NO COMPENSATION

PLAINTIFFS

LIZED
AND

FOR
PARKE

OTHER
ON THE
DUCED

THE

PRIVATE

DAVIS

THINGS
MARKET

AND

PAYMENT NOTED

FOR

SERVICES

THE

AS WELL

AS

CLINICAL
THE

TRANSPORTED

THROUGHOUT THE

UNITED

TESTING

THE

ACCOUNT

BY THE

BY

THEM

THIS

CASE

OF DEFENDANTS

AND THEIR

60A
ARE

ACLIVITIES

OF DRUGS

NOT

DELIVERED

0A

IN

UTI

UPJOHN
AMONG

PRESENTLY

OF DRUGS CURRENTLY BEING

STATES

RE

ABOVE PLAINTIFFS

PURPOSES

AND

IN

RESPONSIBILITY

IN

SHIPPED

AMOUNTS

WORKED LONG HOURS

INVOLVED

TESTING

BY EACH

BY CHECK
THEN

AND

RENDERED

SHARCHOLDCRS

INCLUDE

FOR SOLD

COMMERCE

PROFITMAKING
THEIR

100

SUBSTANTIAL

THE RESEARCH CLINICS

80
60
60

ARE PAID

NOMINAL
THE

75

PRISONERS

TO THE

INVOLVING

125

ATTENDANT

RATES

35A

DEPARTMENT OF CORRECTIONS
THIS

AND

DAILY

ASSIGNED

PAY

DETAILS

STATE OF MICHIGAN

TO THE

COMPANIES

OF

LABELS
FOR
SAMPLE

PRISON

JANITOR

NOTED

THE ABOVE

AO
60
40

ETC

CALL SLIPS
INMATE WORKERS
AND VOLUNTEER PAYROLLS
DOUBLE CHOCKS LABELS
COOKING AND OTHER KITCHEN
DUTIES
JANITOR AND MESSENGER
MAINTENANCE AND MINOR REPAIRS

COOK

55
40

RATE

BLOOD URINE
CONTAINERS

80

CONPANY

DUTIES

CLASSIFICATION

JOB

55
40
25
35
40
25

COOKS AND SERVES FOOD
SAME AS CHTEF COOK
ASSISTS IN KITCHEN
ASSISTS IN KITCHEN
MAINTENANCE AND MINOR REPAIRS
JANITORIAL
TASKS
JANITORIAL
TASKS

PRO

INTERSTATE

SUMMARY

APTTMFNT

JR

C4
CO

MAY PROPERLY MAINTAIN

PLAINTIFFS
CLASS
THE

ACTION

UNDER

IS

CIRCUMSTANCES IT

IS

LEDGE

WITH

WITHIN

PECULIARLY

OF

EXISTS

WHICH IS

CLASS

LITIGATION

FACT

IN

OF

NUMBER

OF AT

LEAST

TO MEET THE

NUMBER

OF

KNOW

SUCH

MORE

KNOWLEDGE OF THE DEFENDANTS
CLASS

SUFFICIENT

AND

AS

BECAUSE

THCM TO KNOW THE

FOR

CERTAINTY

THE

OVER THE ROCORD SHOWS THAT

ACTION

RFLES

FEDERAL

THE

IMPOSSIBLE

SITUATED

SIMILARLY

PEOPLE

23A

RULE

THIS

FIFTYSCVCNPEOPLE
OF

REQUIREMENTS

IT
OF THEIR

UNDER COUNT

RECOVORY OF WAGES UNDER

INMALES

SEEK

FOR

DIFFERENCE

THE

DRUG

COMPANIES

LAW

CLINICS

AT WHICH

OF THE

WOULD

FOR THEIR

AMOUNT

THE ECONOMIC

NOTHING

OF

AND

COMPANIES

TT

UNDER

AND

IS

TO BE

MORE THAN

AN

RESULTANT BENEFIT

ATTEMPT
TO

THE

LEE

WORKED JUST

ECONOMIC BENEFIT

LEGISLATION

THE

THE

FAIR

LIBERALLY
AND

LHE

TO AVOID
STATE

THE

THEM BY DEFENDANT

PAID

BE PAID

WORKED ARC THAT
WERE

LABOR STANDARDS ACT

FAIR

TO

PLAINTIFF

COMPLAINT

AMOUNTS

REQUIRED

REALILIES

PLAINTIFFS

DRUG

LHE

NORMAL

BETWEEN THE DRUG COMPANIES

MENTS

WITH

THE

CONTROL PLAINTIFFS

VISION

REMEDIAL

BETWEEN THE

AND

FEDERAL

CUSTODIAL

AMENDED

AT

SITUATION

5IT

AND

AS CIVILIAN

OF MICHIGAN

SUPER

EMPLOYEES

THE

OF MICHIGAN

MINIMUM

DRUG

7K

STANDARDS ACT WAS

CONSTRUED

STATE

THE

FOR ULTIMATE

EXCEPT

LABOR

UNDER

EMPLOYEES

ARRANGE
IS

WAGO REQUIREMENTS

AND

THE

EMPLOYERS

TTT
C4
CO

THE

FOUND

ARE

ACT

MICHIGAN

MINIMUM

MICHIGAN

PEOPLE NOT PROTECTED BY THE FEDERAL

COVER THOSE
TIFFS

PURPOSE OF THE

NOT

TO BE WITHIN

PROTECTION

LAW

AND

OF THE

PLAIN

IF

LATTER

THE

THEM

TO

APPLIED

THE

WAGE ACT WAS TO

IV
AS EVERY

PLAINTIFFS
FRUITS

THE

OF

TAKEN FROM

LEGALLY
DENIED

THE

INMATES

IN
OF

PRIVED

OWN LABOR

THEIR

THEM

CORRECTIONS
THE

AND MAY

THAT

PLAINTIFFS

LHE

HIS

THE

CASE

THIS

LABOR

HAS

BEEN

REASONABLE VALUE

ARE OR HAVE

BEEN

HAS

PRISONERS

IS

LABOR

OF

DO

PERSON ILLEGALLY
DEPRIVED

TO

EXPRESSLY

THE

TO UTILIZE

RIGHT

RIGHT

SUCH RIGHT

OF MICHIGAN

LEGISLATURE

DONE IN

OF

RECOVER

RIGHT

EXCEPT TO THO EXTENT

DEPARTMENT

FASHION
FRUITS

THE

THE

OTHER PERSON HAVE

PROPETY

OFI

THEREOF AND THE FACT
DOES

NOT

NEGATE

THIS

RIGHTS

THE
RIGHT

OF

ACTIONS
THAT

PLAINTIFFS

THAT

RIGHT

DEPRIVED

ARE

THE

FRUITS

ENTITLED

IN

OF

ONES

LABOR

IS

FOURTEENTH AMENDMENT AND ILLEGAL
DENTAL

CONSTITUTES

OF DEFENDANTS
THEY

TO

THE

PROTECTED UNDER

VATION

IN

RIGHT

THIS

CASE

PLAINTIFFS

OF

TO DAMAGES

WERE

OF

DUE

ILLEGAL

PROCESS

PROPERTY

DEPRI
THE

UNDER MICHIGAN

PROPERTY RIGHT

FOR WHICH

LAW

ARGUMENT
C4
CO
CO

DID

DISTRICT

THE

AN
AS

ING

FOUR

COUNTS

OF THEIR

BECAUSE OF PLAINTIFFS

COURT ANSWERED

DISTRICT

THE

APPELLANTS

THE

APPELLEES

PARAGRAPH

THE

ESTABLISH

CLASS

THE

PLAINTIFF

NOT MAINTAINABLE

SUFFICIENTLY

TO

RULING

TV OF PLAINTIFFS

AND
ARE

ACTION

CLASS

SIZE

III

COMPLAINT

FAILURE

IN

II

COUNTS

THAT

ERR IN

COURT

YES

SAY
SAY

NO

THEIR

OF

INMATES

NO

AMENDED

ALLEGE

CONTAIN

COMPLAINT

THAT

THERE ARE NUMEROUS OTHER PEOPLE WHO EITHER
IN THE STATE PRISON
ARC OF HAVE BEEN INMATINES
OF SOUTHERN MICHIGAN AT JACKSON
MICHIGAN
WHO HAVE THE SAME CAUSE OF ACTION AS HEREIN
AFTER SET FORTH ON THE PART OF THE NAMED
PLAINTIFFS
AND THE NAMED PLAINTIFFS
ADEQUATELY
ACTION
SUCH
UNNAMED PEOPLE
THIS
REPRESENT
IS BROUGHT PURSUANT
TO RULE 23A OF THE FEDERAL
RULES OF CIVIL
PROCEDURE ON BEHALF OF ALL SUCH
TO
PEOPLE WHOSE NUMBER MAKE IT IMPRACTICAL
THE NAMED PLAIN
HAVE THEM JOIN
AS PLAINTIFFS
TIFFS
59A
ADEQUATELY REPRESENT SAID CLASS
DEFENDANT UPJOHN
FIND

THAR

RULE

23

EHE ACTION

OF THE

FEDERAL

OF NONQUALIFICATION
AGREED

THAT

WAS NOT

COUNT

RULES

UNDER

CONTPANY

MOVED

THE

PROPERLY BROUGHT AS
OF APPELLATE

THE

CONTAINING

RULE

TRIAL
CLASS

PROCEDURE

CLAIM

UNDER

THE

FAIR

ACTION

SEVERAL

52A

WERE ALLEGED

COURT

TO

UNDER

GROUNDS

PLAINTIFFS

LABOR

STANDARDS

ACT

WAS RULED

THE

BY

THEREUNDER

JUDGMENT

TO

ACT LIMITING

OF THAT

PROVISION
PERSONS

THE

EFFECT

WRITTEN

WHO HATE

FILED

HOWEVER

AS TO COUNTS

OF

CONSENT

C4
CO

IV

PLAINTIFFS

CONTENDED THAT
THE

II

TO COUNTS
RULE

ITT

CA

23

ACTION

TO AN

TO BECOME PARTIES

AND

DISTRICT

IV

THIS

GRANTED DEFENDANTS

THE

SO NUMEROUS

MEMBERS
THE

DISTRICT

CLASS
ACTION

JUDGE

INVOLVED

IS

FOUND

23

MET

WERE

MOTION

AS

SOLELY

ON

OF ALL

190A

EVIDENCE

HIM TO DETERMINE

AND

BE

JOINDER

IMPRACTICABLE

INSUFFICIENT

TO ENABLE

WAS APPROPRIATE

CLASS

THAT

ITT

WAS PREDICATED

RULING

THAT

RULE

OF

REQUIREMENTS

COURT

AND

WHICH REQUIRED

THE

II

OF THE

WHETHER

SIZE

OF THE

OR NOT

CLASS

THAT

STATING

THE ONLY INFORMATION THIS COURT HAS
BEEN GIVEN ON CLASS SIZE WAS SUPPLIED BY
PLAINTIFFS
ATTORNEY DURING ORAL ARGUMENT
WHEN HE COMMENTED THAT THE CLASS WOULD
PROBABLY CONTAIN BETWEEN 70 AND 200 PERSONS
SINCE
THIS
ESTIMATE WAS UNSUPPORTED BY ANY
MATERIALS BEFORE THE COURT IT MUST BE
DEEMED PURELY SPECULATIVE
AND SPECULATION
CANNOT BE USED TO ESTABLISH
THAL
PROSPEC
TIVE
CLASS IS SO NUMEROUS AS TO MAKE JOINDER
UNDER THE SURROUNDING CIRCUM
IMPRACTICABLE
STANCES

IT

IS

NECESSARY TO LOOK

WHETHER OR NOT THE
COMPLAINT

AND

COURT

AMENDED

ASS

CIT

THE

OMIT

WHOLE RECORD

WAS CORRECT

COMPLAINT

189A

FIRST

PLAINTIFF

IN
OF

THIS

CASE

ALL

INMATES

TO DETERMINE

BOTH

IN

THEIR

ALLEGED

THERE ARE NUMEROUS OTHER PEOPLE WHO EITHER
IN THE STATE PRISON
ARE OR HAVE BOON INMATES
OF SOUTHERN MICHIGAN AT JACKSON
WHO
MICHIGAN
HAVE THE SAME CAUSE OF ACTION
AS HEREINAFTER
SET FORLH ON THE PART OF THE NAMED PLAINTIFFS
AND THE NAMED PLAINTIFFS
ADEQUATELY REPRESENT
SUCH UNNAMED PEOPLE
THIS
ACTION IS BROUGHT
PURSUANT TO RULE 23A OF THE FEDERAL RULES OF
CIVIL
PROCEDURE ON BEHALF OF ALL SUCH PEOPLE
WHOSE NUMBER MAKE IT IMPRACLICAL
TO HAVE THEN

TO

KK

ADEQUATELY

THE NAMED PLAINTIFFS
52A
REPRESENT SUCH CLASS

THE

OF THE

AS PLAINLIFTS

JOIN

BY THE

MEMBERS FILED

INDIVIDUAL

WHILE

MICHIGAN
THE

ANSWER

FOR PURPOSES OF THE

THUS

THAT

STATE

THEY

DO NOT

THAT

THEY

BELIEF

OF THE

FACT

TO THEIR

STATE

AS TO THE

OF

THE

INVOLVED

STATEMENT

DEMONSTRATE

TIFFS
SUITING

THE

OF

IN

THEIR

HOWEVER

WITHIN

SUFFICIENT

THEIR

TO FORM

SINCE

KNOWLEDGE

FOR

THEM

MARLOCELLO

43

DO

POSSIBLY

DASED

SHOULD NOT HAVQ THE

ANSWERS

CO

RULES

FEDERAL

NOR COULD THEY

AVERMENT
IS

THE

THUS

ALLEGATION

ALL

UPON THIS
EFFECT

FSUPP

OF

281

1941

OF

INVOLVED
IT

8B

BY RULE

EQUIPMENT

PRESENT STATE

HOWEVER

THAT

AND UPJOHN

VETY SIGNIFICANTLY

PERFORMED SERVICES

IT

THEREFORE

INMATES

DENY

68

DEFENDANTS

ISA

PARKEDAVIS
NOR DENY

PROOFS

INFORMATION

DENIAL

DC PA

OF THOSE

KNOWLEDGE OR INFORMATION

TRUTH

OF THE

INMATES
THEIR

NOT

DOES

APPLICABLE

OF

STATE

ALLEGED PLAINTIFFS

ON BEHALF

ADMIT

AS REQUIRED

ARE WITHOUT

SO WHEN ALL

IS

THE

OF BOTH

NEITHER

THEY

PLAINTIFFS

LEAVING

OF

RECORD

THE ANSWERS

20

23A

OF THE

ITS

ADMITTED

IS

ALLEGATION

ATTORNEY GENERAL

RULE

NUMBER

TO THE

AS

ALLEGATION

THAL

DENYING

AND

DEPARTMENT OF CORRECTIONS

IS

THE

PLEADINGS

APPELLANTS

THE

FACT

THERE

WHEREAS THERE
FROM PARTIES

WERE

TO

REST

THERE

THAT

ON THE

ARE

STATE

NINETEEN

OF

THE

SPECIFICALLY
THE

REQUESTING TO HE ADDED AS THE

ON THE

NUMEROUS

ALLEGED CLASS

ARE NOW THIRTYFIVE

ORIGINALLY

THAT

POSITION

WHO WOULD BE MEMBERS OF THE

NOT NECESSARY

THIS

IS

IS

ADMITTED

PLEADINGS
NAMED

DIFFERENCE

SU

OTHER

TO

PLAIN

RE

PROGRESSED

THIRTYONE

LISTS

CLASS

MAKING
COULD

THAT

ARE

PEOPLE

MOST DIFFICULT
HAVE

HAS MADE
BEEN

THAT

SIZE

261

THE

TRUST

WAS HELD

LITTON

TO

IN

IN

THAT

THIS

IT

IS

TO HAVE

NEWPORB NEWS GENERAL

F2D

648

CIR

NOTES

FACT

WOULD BE
THOSE

HAS

WHO

LAW

ALREADY

NO BAR

BE

MAIN

TO

AND

CLASS

FOR

ACTION

FS

164

IN

OF FORTY

RESTORATION
FIDELIS

SDNY

STOCKHOLDERS

SEVENTY

OF EIGHTEEN
AND

293

MONTICELLO

TWELVE

BY

TRUSTEE

PROPER CLASS

INC

CO VS

AN ACTION

AGAINST

PROPER

1968

WAS DETERMINED

ACTION

WAS HELD

NONSECTARIAN

SUFFICIENT

HOSPITAL

IN

CYPRESS

ASSOCIATION

375

1967
SEE TISA

SIMILARLY
AN EXECUTIVE

NUMEROUS

BOARD

TO MAKE

IT

OF

POTOFSKY

MORE THAN

IMPRACTICAL

90

FS

SUWNARY OF INMATES

WAGES

1966

MEMBERS WAS

FIFTY

TO BRING

12

PAID

CUSDC

175

THEM

ALL

COURL
EXHIBIT
IS
SEPTEMBER

THIS
THE

FEDERAL

CASE

ALONE

IN

OF THE

OF ALL

FLANKING

1944

INDUSTRIES

VS

FICIENTLY

CLASS

DRUG

141A

HAL

MOREOVER

CITIZENS

CIR

OF BETWEEN THIRTYFIVE

WHERE

CASE

THAT

SO

8TH

CLASS

THE

OF

EXAMPLE

OF COLLATERAL

4TH

LIST

CASE

NAMED

THOSE

NOTICE

JUDICIAL

TO GATHER
THIS

THE

NUMBER

IN

AND

IN

THIS

IN

FOR

FROIN

PERMANENTLY

PLAINTIFFS

THE

F2D

TO BE SUFFICIENT

1950

RECORD

ACTION

143

CORPORATION
CLASS

THE

FIFTYSEVEN

HAVC TAKEN

ESTABLISHED

CLASS

FUNDS

LEAST

OF ACTION

CAUSE

BANK

AT

THE

FOR

OF TRUST

OF

PART

EMPLOYEES WORKING

INCARCERATED

NOT
FOR

CLEAR

TAMING

HOLDERS

AS

INMATE

CERTAINLY

SUFFICIENTLY

STATE

OF

NAMES

LOWER COURT

MIGHT

FILED

TWENTYTWO OF WHICH ARE DIFFERENT

COMPANIES
ACTION

CT

EXHIBIT

FURTHERMORE

BY UPJOHN IN

SUF

BEFORE

THE
THAT

WORD

THE

HAVE

COURTS

IMPRACBICABILILY

POINTED

OUT

AS

IN

ON NUMEROUS OCCASIONS
RULE 23

DOES NOT MEAN

C4

BUT

IMPOSSIBILITY

AT

CTASS

F26

909

9TH

FRD

363

DCNY 1966

329

CC

39

OF

IN
THE

MAY BE AFRAID

SITUATION

OF

JOINING

ALL

LACK

THE

WITHIN

CLEARLY
BEEN

OF

EASY

IT

SEEMS

KNOWLEDGE WITH

THE

TO THE

REGARD

OF APPELLEES

POSSESSION

IT

THAT

LOWER COURT WAS WRONG IN

THE

COULD

IN

INTERESTS

IS

REALLY

THE

MAINTAINED

NOT BE
OF

BE DECIDED
OF

EVIDENCE

OF THE

HIM TO GRANT APPELLEES

REQUIRED

CAUSE

SECONDLY

THE

ONCE

ACTION

MAIN

AS

FOR

ALL

OF

MOTION

AND

BE BROUGHT BEFORE

RATIONALE

BEHIND

THAT

IT

THEY

AGAINST

THIS

THE

CLASS

OF THE

THE

CLASS

THE

13

CLASS

AT ONE

ACTION

INFOR

SO THAT
THAT

CERTAINLY

OF JUSTICE

COURT

COURT

RECORD

THAT

THAL ALL OF THE PEOPLE
THE

IS

WOULD HAVE

FOR AN ORDER

ACTION

CASE

FORTH SUCH

THAT

RULING

ORDERLY ADMINISTRATION
AND

IN

OF THE

TO PUT

SIZE

CLASS

THAT

ATTENTION

FOR APPEILANTS

DIFFIC4T

SUFFICIENT

ACTION

THIS

IN

ALL

OF

REPRISALS

SIZE

AND

THE

TO

MATION

ACTION

RIGHTS

TO APPELLANTS

BE

THE

FIRST

BECAUSE OF POSSIBLE

IT WOULD

ALONE

RESULT

THINGS

MAY BE UNEDUCATOD AND

PLAINTIFFS

ENOUGH FOR THEM TO BRING

CONTAIN

ESTATES

NEW JERSEY TRUST

PLAINTIFFS

WHEREAS

NOT

JOINING

AUTHORITIES

FINALLY
ALL

THE

OF

ALPINE

SEVERAL

KNOWLEDGE OF THEIR

ACTION

TAKING

SPRINGS

GOLDSTEIN

INSTANT

THEY

OF

THEM BY PRISON

SINCE

1964

CIR

GROUP OF POTENTIAL
AND

ILLITERAEE

PALM

THE

IMPRACTICABILITY

MANY OF THIS

OR INCONVENIENCE

DIFFICULTY

THE

MEMBERS

INC

ONLY THE

TIME

DID

THAT

THIS
IT

IS

THIS

HAVING
WHICH

PROCEDURES

APPELLANTS
C4

RULING
PROPERLY

THAT

COUNTS

MAINTAINED

IT
AS

ITI

URGE THAT
AND

CLASS

IV

OF

THE

DISTRICT

THEIR

ACTION

UNDER

14

COURT

COMPLAINT
RULE

23

ERRED

COULD

NOT

IN
BE

II
C4

DID

DISTRICT

THE

DEFENDANTS

COMPLAINT

OF PLAINTIFFS

WITHIN

APPELLANTS

THE APPELLEES

PLAINTIFF
COMPLAINT

OF DEFENDANT

TION

FAIR

OF

THE

MEANING OF

EMPLOYEE

IS

RELEVANT

DEFINED

EMPLOYER

IS

TO THE

29

MALTER OF

PROTEC

OR THE

STATE

LAW PLAINLIFTS
OF MICHIGAN

USED

IN

THE

ACT ARE THE FOLLOWING

USC

EMPLOYED BY AN

SEC

203

AS

OR
ANY PERSON ACTING
DIRECTLY
IN THE INTEREST
OF AN E7NPLOYER
LO AN
29

203D

ARE

LOJA

INDIVIDUAL

DEFINED

INDIRECTLY
IN RELATION

SEC

THEY

AS
ANY

TERM

AS

OF

DOFENDANT DRUG COMPANIES

ELA

THAT

COUNT

GROUND THAT

AND ENTITLED

THEMSELVES

TERMS

EMPLOYER
THE

ON THE

SLATUTE

TIHAL

RECOVERY UNDER

ACT

ARGUING

OF EITHER

EMPLOYEES

THE

SEEK

DRUG COMPANIES

STANDARDS

LABOR

THE
AN

II

NE

SAY

INMATES

FOR SUMMARY JUDGMENT

WERE NOT
WITHIN

YES

SAY

AND AMENDED COMPLAINL

EMPLOYEES

MOVED

MO

ANSWERED

QUESTION TO BE DECIDED

THE

THEIR

ACT

COUR

THE DISTRICT

WERE NOT

MEANING OF THE

THE

LABOR STANDARDS

THE

AMENDED

BECAUSE PLAINTIFFS

EMPLOYEES
FAIR

GRANPINC

FOR SUMMARY JUDGMENT

MOTION

UNDER COUNT

ERR IN

COURT

EMPLUY
15

USC

TO

EMPLOY MEANS
TO SUFFER

USC

29

BECAUSE OF THE BREADTH OF THE
THE

FACT

THAT

LITERAL

ITS

HUMANITY

TO DETERMINE

THE

VS

WHITAKER

ALL

PARTIES

AND

THE

CORRECT

ONE

EMPLOYEES
LABOR

THIS

RULED

AS

ALL

DR

EMPLOYED

1943

OF

ECONOMIC

AN EMPLOYEE

OR

NONEMPLOYEE

TNC

CRITERION

366

US

BY ALL

AGREED

WITHIN

THE

RULING

WAS

28

MEANING

33
FILED

OF

WERE
THE

BY

TO BE

PARTIES

OF LAW THAT PLAINTIFFS

MATTER

THE

REALITY

AFFIDAVITS

THE

CONSIDERING

DRUG COMPANIES

6TH

AND

LANGUAGE

TEST

THE

COOERATIVE

COURT AFTER

NOT

FAIR

206A

ACT
TO HIRE

RIGHT

HOUSE

APPLYING

THE

OF

STANDARDS

THE

OF ONE AS

STATUS

THE DISTRICT

1960

F2D YT 8O

NARROWER TEST

APPLIED

ABOVE

WOULD ENCOMPASS

APPLICATION

SANDERS

HAVE

COURTS

WORK

TO

OR PERMIT

203Q

SEC

AND FIRE

OF HIS

THE BASIS

PART

IN

CONCLUSION

HIS

THAT
DEFENDANTS
OR FINALLY
THE CLINICS

KROPP

OF THE

DANTS
AS

AS WELL

ANALYZED

AUTHORITIES
AND

THE

OF THE
STATE

AND

UPJOHN

PRISON

AS THE
RELIED

CONTROL

REGULATION

COULD NOT HIRE
FIRE
INMATES
WORKING IN

202A

SUBSTANCE OF THE

THE

ADMINISTRATOR

CONTROL

CLINIC

OF SOUTHERN

DEFENDANTS
UPON BY

ASSIGNMENT
OF

AT

HOURS

THE

JACKSON

123A

MICHIGAN

LOSA

ANSWERS

COURT IS

CLINICS

WOCKED BY THE

16

AND

WILLY
OF WARDEN

FILED

TO INTERROGATORIES

DISLRIC

TO THE

OF RALPH

AFFIDAVITS

AND

INMALES

THAT

REMOVAL

BY

DEFEN
24A

THE PRISON
THEREFROM

THE

PLAINTIFFS

SUPPORT

CONTROL

OF

CLUSION

THAT

IN

THE

COURT
THE

DETERMINED

PROPOSITION

THAT

THAT

AFFIDAVITS

FILED

BY

AND

THE

THUS

THE

ULTIMATE

REACHED THE

ARE

PARTIES

BY

FILED

WERE UNDER

THEY

DEPARTMENT OF CORRECTIONS

THE

AFFIDAVITS

NOT

CON

FACTRUALLY

L97A

CONFLICT

HOWEVER HE COURT EXPRESSLY DISREGARDED THE AFFI
DAVIT

OF

GAYLORD LEE ESPICH

WHICH STATES

OF DEFENDANT
REPRESENTATIVES
COMPANY PERSONALLY
PROVED

WORKED SAID TIN
NOT WORK THERE UNLESS

WHQ
COULD

APPROVEDI
THE

REASON FOR

THIS

AND
THEY

UPJOHN
PERSONS

WERE SO

178A

ACCORDING

WHILE

THE

FREEMAN WAS

TO JUDGE

AFFIANT

ESPICH STATES HE IS
FROM PERSONAL KNOWLEDGE

COMPETENT
THAT
THE
UPJOHN COMPANY PERSONALLY APPROVED ALL INMATES
WHO WORKED IN THE SAID CLINIC
AND PERSONS COULD
NOT WORK THERE THAT WERE NOT SO APPROVED
HIS
COMPETENCY AND FIRSTHAND KNOWLEDGE OF THESE
FACTS IS UNSUPPORTED BY ANYTHING
CONTAINED IN
HIS AFFIDAVIT
DOES
ESPICH
NOT IN HIS AFFI
DAVIT OR OLBERWISE REVEAL HOW HE KNEW THESE
FACTS
INASMUCH AS SUMMARY JUDGMENT PROCEDURE
LACKS THE SAFEGUARD
OF
OF AN
IT IS IMPORTANT THAT IT BE SHOWN THAT
AFFIANT
HE IS COMPETENT TO TESTIFY
TO THE MATTERS THEREIN
STATED
INDEED SINCE ESPICH IS SIMPLY
ONE OF THE INMATES
WHO WORKED IN THE UPJOHN LAB
IT
IS
DIFFICULT
TO SEE HOW HE COULD BE
ORATORY
FROM FIRSTHAND
COMPETENT TO TESTIFY
KNOWLEDGE
ON WHETHER UPJOHN PERSONALLY
APPROVED ALL IN
MATES WHO WORKED IN ITS CLINIC
HENCE THAT
PORTION OF ESPICH AFFIDAVIT
REFERRING TO UP
JOHNS SELECTION OF INMATES WILL BE STRICKEN AS
TO CONFORM WITH RULE 55E
FAILING
19TH
TO TESTIFY

CROSSEX

THIS

DESPITE

THE

FACT

THAT

AFFIANT

ESPICH

ALSO

STATED

THIS
AFFIDAVIT
IS MADE UPON THE BASIS
THE PERSONAL KNOWLEDGE OF AFFIANT
OF THE
IS
FOLLOWING MATTERS AND AFFIANT
COMPETENT
TO TESTIFY
TO THE MATTERS
STATED HEREIN

OF

17

IS
ONE OF THE MAIN PTAINTIFFS
HAS WORKED IN THE DRUG CLINIC
CONSTRUCTED BY THE UPJOHN COMPANY
BUILDINGS
AT THE STATE PRISON OF SOUTHERN MICHIGAN
WITH SOME OF THE
FURTHERMORE HE IS FAMILIAR
AND OTHER INMATES
OF
OTHER NAMED PLAINTIFFS
SAID
PRISON WHO WORKED IN THE SAID CLINIC

AFFIANT

HEREIN

AND

COURT APPEARS TO BE SAYING

THE

OF ONE OF DEFENDANTS COULD HAVE

REPRESENTATIVE

HOW EMPLOYEES WERE

SELECTED

THERE

THAT

IS

NO REASON

WHO HIMSELF

EMPLOYEE
WITH

ING

COURT

THE

FOR

THIS

WAS

HAS

TO

OF

WITH

METHODOF SELECTING
PLAINTIFFS

IS

RAISED

DO NOT

SUBORDINATE

SO THAT

FACTUAL
FILED

FACT

IN

IN

LATTER

EHE

CASE

THIS

CONTROL

EMPLOYMENT

BY

THIRD

HIS

IT

OPINION

IN

THE

IN

SHORT ASIDE

WHETHER
ACTUAL
JUST

ROUTINE

THEY

IS

SERVICES

AS CIVILIAN

BY THE

STATE

THEY

NEGATES

DID

OF

MICHIGAN
THE

THE

THE

DRUG COMPANIES

ACTUAL

THE

TASKS

ULTIMATE

INMATES
BY THE

LEGAL

NOT PLAINLIFFS

WOULD HAVE

BEEN

18

SEE THAT

THE

THIS

COURT
WERE

DRUG

IS

AFFIDAVITS

THE

EXIST
OF

POSSIBILITY

RIGHT

WERE

QUES

DEPARTMENT

OF THE

BASIS

AS THE

RENDERED BY REPRESENTATIVES

EMPLOYEES

THEM

OF

DO NOT

FURTHERMORE

PERFORMANCE OF THEIR

OR

IN

DEALING

THE

LEGALLY

THOSE

ON THE

PLAINTIFFS

UNCONTROVERTED THAT

WORKED THERE

STAND

ERROR

ESPICH

CONTROL
TO

BE DECIDED

PARTY

FROM THE

AN

SOME

CONTROLLED THE WORK ASSIGNMENTS

MOREOVER

ENCE OF CUSTODIAL

COURT WAS IN

CONTROL

WISHES

THEIR

WHICH CANNOT

ISSUE

RATE

SHOULD

THAT

DISPUTE

RATHER ACKNOWLEDGING THIS

CORRECTIONS

OF

OF

INMATES

DEPARTMENT OF CORRECKIONS HAD CUSTODIAL
TION

TO

AS

DRUG COMPANIES

OF PLAINTIFF

THE AFFIDAVIT

THAT

THE

KNOWLEDGE

THE KNOWLEDGE

CERTAINLY

BELIEVE

APPELLANTS

PORTION

TRUE

BE

NOBODY EXCEPT

THE

EMPLOYMENT AT THE

SELECTED

STRIKING
THE

THAT

178A

NOTES

IN

SUPERVISED

COMPANIES
TO DETERMINE

DIRECTED
OF THE

IN

THE

DEFENDANTS

THE COURT GAVE NO WEIGHT

200A

PLAINTIFFS

TAKEN AS

TO THE

WHOLE WHILE

EXHIBITS

INDICATING

FILED

BY

ULTIMATE

CO

CONTROL

OF

THAT

WAS IN

IT

ORIGINATED
FOR TIME

INMATE

FACT

THE

REQUESTS IN
OFF

IN

ASSIGNMENT

OR FOR

THE

PRISON

MANY CASES

HIRING

DESCRIPTION

FOR

THE

STAFF

JOB

INDICATES

THAT

OF

HELP

IEEE

INMATE

EMPLOYEES AND DAILY

THINGS

AS

ESPECIALLY

ONO OF HIS

INTERESTING

SEVERAL

OF

KROPP WARDEN FROM DW WILLY

OF

THE

AT

THE

EXHIBITS
RATE

CON

THE PRISON

FOR HIRING

IS

LOTTERDATEDJUNE

IS

OR FOR PERMISSION

EXHIBIT

POSITION

AUTHORITIES

SHOW

CLEARLY

DRUG COMPANY THAT

132A

NEW INMATES
OF

THE

REASSIGNMENT

TAINING

INMATE

OF

REPRESENTATIVES

QUITE

THEY

OF

11

SPEAK

SALARY
1965

UPJOHN CLINIC

AND
OF

CLINIC

RELEASIRIG
SUCH

140W
TO GEORGE

WHICH STATES

AS

FOLLOWS

DEAR

SIRR

SINCE
THE JOINT
RESEARCH FACILITIES
OF
PARKE DAVIS
AND UPJOHN CLINICS
HAVE BEEN IN
OPERATION FOR OVER
YEAR WE FIND IT NECESSARY
TO REEVALUATE
THE PAY SCALE FOR INMATES
WORK
ING IN THE CLINICS
WE OFFER THE FOLLOWING

REASONS

ON OCCASION
WE HAVE FOUND IT DIFFICULT
TO HIRE
INMATES
WITH THE QUALIFICATIONS
WE
BECAUSE
IT IS POSSIBLE
REQUIRE
FOR THOSE MEN
TO GEE EQUAL OR MORE PAY FOR FEWER HOURS OF WORK
ARID
LESS PERSONAL RESPONSIBILITY
THE STANDARD
OF PERFORMANCE OF THE COMPANIES
MUST IN TURN
BE REQUIRED OF INMATE
HELP IN THE CLINICS
THE
INDUSTRIES
COMPUTER CENTER AND PSYCHIATRIC
UNITS
RECOGNIZE THE PERFORMANCE OF THEIR
INMATE
EMPLOYEES WITH HIGHER
ISSA

PAY

THE

COURT

DISREGARDS

THIS

SHORTHAND NOTATIONS
OF

PROCEDURES

RESULTING

SORT

OF COMMENT

IN

THE

OFTEN USED BY BUSINESSMEN
IN

THE

ATTAINMENT

19

OF

LETTERS

AS BEING

MERE

TO CONNOTE

ANY VARIETY

FORCE

APPELLANTS

WORK

CT
THAT

HOWEVER

BELIEVE
CONSIDERED

IN

DETERMINING

ARE

TO BE RESOLVED AND
OF THE

THEY

OR NOT

FACT

ADMISSIONS

IN

DEFENDANT DRUG COMPANIES

MISTAKEN

IN

DETERMINING

CONTROL

AND

BELIEVE

SITUATION

SHOULD

BECAUSE

ONLY

BELIEVE

THAT

FACTUAL

IS

OF

LEAST

AT

THE

THE

COURT

WAS

BELIEVE

IN

THE

IS

THAT

THE

FURTHER

DRUG COMPANIES

WERE ALLOWED BY THE DEPARTMENT OF CORRECTSONS

CIVILIAN

THE

RIGHT

THE

INMATES
THE

TO

HIRE

NOR

DETERMINED

202A

DISTRICT

OF PLAINTIFF
TIE

FIRE

WAS ALWAYS

OF

THEN

THEY WOULD WITH

IN

THE

THE

THE

TO THE

DEFENDANT
TO HAVE

THEIR

OWN

FINAL

RETURN FOR THE

CUSTODIAL

THAT
AND

COMPANIES

REALITY

TO

BE

THIS

THE

MUST

BE

THAT

USE OF THIS CONVICT
HAVE RE
LABOR
PRIVATE
CORPORATIONS
NORMAL
TO
THEIR
RIGHTS
LINQUISHED
DETERMINE WHEN AND WHETHER THEIR
ENTER
NEED ADDITIONAL
TO S6LECT
PRISES
HELP
THE MEMBERS OF THEIR
WORK FORCE
TO
THE

OF

OFFI

FACT

THAT

TEST

NEITHER

SUPERVISION

CONTROL OF PRISON

HOWEVER

TO THE

REALITY

DRUG COMPANIES HAD

EMPLOYNENT ISSUE

ECONOMIC

ECONOMIC

OF

THAT

AND

RECOGNIZED

RELATIONSHIP

FOUND

THAT

INMATES

SUBJECT

COURT

NOT DETERMINATIVE

FABRIC

AS

TO APPLXCABION

PERTAINING

FACTORS

HAVING

IS

INMATES

REALITY

EMPLOYEES

OTHER

CIALS

THE

WITH

HAND

THE

REALITIES

AND APPELLANTS

ALMOST AS FREE

HIRE

TO

WOULD SHOW THOSE REALTIE4

TRIAL
THE

ATTITUDE

ISSUE

RESIDED

CLINICS

ISSUE

THE

RIGHT

TT

TO BE

IN

DISTRICT

THE

APPELLANTS

RULE

FACTORS

THE RELATIONSHIP

THAT

WORKING IN

INMATES

THERE

MATTER OF LAW THAT

AS

DEPARTMENT OF CORRECTIONS
OF THE

TOWARD

THE

ONE OF

WHETHER

APPELLANTS

FIRE

DO CONSTITUTE

AVT

ALONE

ENTIRE

CONSIDERED

FROM THEIR
WORK FORCE MEMBERS WITH
ARE DISSATISFIED
TO CONTROL
LABOR FORCE EXCEPT IN THE MOST ROUTINE

REMOVE

WHOM THEY
THAT

MATTERS
APPELLANTS
SUCH

SUPPORT

WHETHER THE
RIGHTS

BELIEVE

APPELLANTS

IS

THE

ERRONEOUS IN

IS

COURT

IT

SEEMS

ON THE

DONE

THEY

METHOD CARRIED

OUT

CLEAR
HAVE

FORCE

IN

RECORD THAT

OF THOSE

PARTICULARLY
THAT

THE

AND

AS FAR

THE

DRUG

ROOST ROUTINE

THE

AS THE

TASK

ACTUAL
AS TO

ABSOLUTE CONTROL AND SUPERVISION

AS TO METHOD UTILIZED

IS

THE MOST PART

FINDING

ONLY

IT

MATTER

THE

UP ANY

FOR

NOT

INDEED

OF

GIVEN

THEM

DOES

SIMPLY

EMPLOYMENT SITUATION

NORMAL

LABOR

MATTERS SINCE
WORK THAT

THE

REALLY

EXERCISE

THEY

CONTROL OF THE

HAVE

COMPANIES

FACT

WOULD IN

AS THEY

JUST

CORPORATIONS HAVE

PRIVATE

WHETHER IN

OR

RECORD

REGARDLESS OF THE TECHNICALITIES

ISSUE

FACTUAL

THE

MATTER OF LAW AND THAT

AS

FINDING

THAT

URGE

TO BE CARRIED

OUT
IN
DICATES

THAT

HUNDREDS

OF

DEVICE

HERE

CLEIM

AS

FACT

THE

ECONOMIC

DEFENDANT DRUG COMPANIES

REALITY
ARE

INVOLVED

IT

LIES

DID

ONE

IN

OF

THEIR

HAVEOBTAINEDT

HP

WORTH OF LABOR

THEY

IN

SITUATION
OR

OBTAINING

THOUSANDS OF DOLLARS
HARDLY

THE

OF

IN

BRIEFS

FREE

BY USE

OF THE
TO

THE MOUTHS OF DEFENDANTS

SUBMITTED

TO THE

LOWER

COURT

IT IS SUBMITTED THAT ON ITS FACE
CORPORATION
EMPLOYING THOUSANDS OF PERSONS IS NOT INTERESTED
IN THE ASSISTANCE
OF
FEW INMATES
BECAUSE OF
OF

SAVING

DESPITE
THE

WERE

IRIITTATES

RECTIONS

AT

PER

PAID
DIEM

LABOR

THE

FACT

FOR THEIR
RATES

FR

COSTS
THAT

THE

SERVICES

EEFRALLISHED

DISTRICT
BY THE

BY

21

THE

COURT

FOUND LHAT

DEPARTMENT OF

FLEPARTMENT

THE

COR
ECONOMIC

THAT

IS

REALITY

AND

COMPANIES
DRUG

THE

COST OF THEIR

AS INDICATED

COMPA4ES HAVO

OF

THE

FACT THAT

PRISON

FACT

IN

EMPLOYEES

SUBJECT

TO

CONTROL OF HIS

OUT

THE

PERMISSION

THE

JOB

AT

TIME

ANY

THIS

EMPLOYERS

AND

INTERFERE

WITH

HAVE

BECAUSE

THEY

MEET THE

HIS

JECT

OFFICIALS

THE

BE

IT

RULES

IS

THE

TEST

EMPLOYEES

CONTROL

ALL

DECISIONS

MADE

MOST NATURAL
AND

IS

OP

NOT

EMPLOYEES

BECAUSE
THE

THAT

HE IS

NOT WORK
MAKE

HIM

FROM

WITH

QUIT

NOT EMPLOYED
BE SUBJECT

CAN

BE

TO TWO

DOESNT NECESSARILY

OF ONE

TO

COURT

EMPLOYEES
ARC

THEY

NATURAL

IN

VESTED

BY THE

PRISON
IT

IS

LOWER

YET

THE

COURT STATES

AT

NOT EMPLOYEES

THEY

IN

THE

DO NOK

SUB

AND

PRISON

WHEN

TO WORK FOR
THERE

OFFICIALS

CLEAR

COURTS FINDING

THE

ARC

THE

TO BE EXPECTED

WORLD THAT

OF

22

AND

APPLYING

PRISONERS

THE PRISONERS

THE

WORK

IN

PRISONERS

AUTHORITY

ARE

OVERSIGHT

CONTROL

BASIS

OF BEING

THING

COMPANIES USE PRISONERS
REAL

THE

OR PERMITS

PRIVATE

ONERS ARE

CONTROL

CIRCULAR

MEET THE

REGULATIONS

THE

THE

COULD

HE IS

PERSON

UNEMAN

EVERY

HE COULD

THEY

REASONING OF THE

EMPLOYER SUFFERS

THIRDPARTY

THEM

AND

WITH

BE

NOT PREVENT HIM

DOES

THAT

PAY

CANNOT

THEY

NO QUESTION

THAT

SIMILARLY

SEEMS

OF BEING

AND

MAY BE

PARENTS AND

IS

NO ONE WOULD SAY THAT

TEST

TO CUSTODIAL

IT

EXISTS

THE

TO CUSTODIAL

SUBJECT

MOAN THAT

THIS

YET

WHAT AMOUNT THEY

ARE

NOT

THERE

TC

CONTROL OF THE OTHER

DONRT

TEST

DOES

ANOTHER

TWO JOBS

THE

REALITY

ABOUT

SAY

INMATES

JOB

THE ENTIRE
ECONOMIC

THE

PARENTS

HOWEVER

OF

CAUSE

OF

TO

THE DRUG

BY

ALREADY REFERRED

AN ANALOGOUS SITUATION

MINOR WHO WORKS AT

AN EMPLOYEE OF

EXHIBITS

AUTHORITIES

CIPATED

BEING

DEAL

GREAT

THE
CONTROL

BY THE

BORNE

IS

EMPLOYMENT

PAGE

WHEN

THAT
THAT
25

SHOULD

IN

CUSTODIAL
THE
HIS

PRIS

THE COURT DOES NOT NOW
NEVERISHELESS
HOLD THAT ANY PRISONER WHO IS ASSIGNED
TO PERFORM WORK FOR
BY PRISON OFFICIALS
PRIVATE CORPORATION ON THE PENIBENTIARY
BE CAUSE OF HIS PRISONER
PREMISES IS
STATUS OUTSIDE THE COVERAGE OF THE FAIR
LABOR STANDARDS ACT
WE ONLY FIND THAT
ON THE PRESENT FACTS PLAINTIFFS
ARE NOT
IN ECONOMIC REALITY
CMPLOYEES OF DEFENDANT
DRUG COMPANIES AS THAT WORD IS DEFINED IN
THE
206A

ACT

IT

IS

HARD

TO

TO BE WITHIN

ONERS

AT

SUPERVISION
CLEAI

NOT ONLY

THE

THEIR

THEIR

SUBSTANTIAL

IN

AMOUNT

AND

IS

THE
TO

APPLY

THE

THAT THEY

IN

PRISONERS

WHO ARE

SUCH

CORRECTIONS

DEPARTMENT AND

ARE NET

IX

STILL

MICH

CASE
194E3

ARE

INDEED

OF LLUNTLEY

PAID

NO

ONE

OF ILUNTLEY

TO

OF THE

SUBSTANCE

IN

GOING

SUBJECT
IT

THIS

TRANS

FURTHER
CASE

WOULD

IN

WORK RELEASE

RATE

FOR CIVILIAN

TO CONTROL

BY THE

SEEMS WOULD ARGUE THAT

CONCERN

THEY

WORK

FOR

VS

HOWEVER THIS

JUDGE

OBVIOUSLY

GUNN FURNITURE
CASE

IS

CLEARLY

PLACED GREAT RELIANCE

CC

79

FSUPP

DISTINGUISHABLE

110

WD

FROM THE

IN FACT MICHIGAN
LAW PROVIDES
THAT EVEN
PRISONER ON PAROLE
SHALL REMAIN IN THE LEGAL CUSTODY AND UNDER CONTROL OF THE CORN
MISSION
SEC 282308
YET OBVIOUSLY
PAROLEES ARE

NSA

KEPT

FROM BEING

IS

THE DRUG

DRUG COMPANIES

THE

AND

IT

BORNE BY THE DRUG

INURES

SITUATION

THE

GUNN

THE DISTRICT
ON THE

IS

THE

EMPLOYEES OF THE PARTICULAR

APPLICATION

UNDISPUTEDLY

ALLOWED TO PARTICIPATE

INCARCERATED

THOUGH

ACT

SERVICES

TO THE

PRISONERS

LABOR EVEN

WOULD HOLD

SERVICES

WORK FOR THE

ARGUMENTS APPLICABLE

PROGRAM AND YET

THEY

OF THEIR

FACT

PRIS

COURT

DEFENDANT DRUG COMPANIES

THE

BY

OF

COMPANIES

OF

IS

JOB

VALUE

ALSO

ALL

LABOR STANDARDS

COST

BUT

IS

FAIR

THE

THAT THE

COMPANIES

ACTION

WHAT SITUATION

IN

IMAGINE

EMPLOYEES

BY

SUCH

CUSTODY

23

AND

CONTROL

ONE

INSTANT
C4

THE

THAT

IN

THE

SUMXNARIZINQ
OF THE

ALLEGATIONS

FA6TS

THE

COURT

IN

HUNTLOY

STATED

CCMPLAINTT

OF
WERE INMATES
SHOW THAT PLAINLIFFS
THAT THEY WERE UNDER THE
STATE PRISON
AND SUPERVISION
SOLE CONTROL DIRECTION
AND
OF THE MICHIGAN PRISON INDUSTRIES

THE

COURT WENT

SLATE

TO

CTI

EMPH ADD

OFFICIALS

PRISOTI

THE COMPLAINT

NOT ALLEGE
OR
WAS ANY COLLUSIVE
AND MICH
ARRANGEMENT BETWEEN DEFENDANT
FOR THE INTENT
IGAN PRISON INDUSTRIES
THE LAW OF THE
AND PURPOSE OF EVADING
THE
STATE OR THE APPLICATIONOF
THAT

INTIMATE

DOES
THERE

ACT

THE

ABOVE

THIS

TWO STATEMENTS

CASE

HERE

WERE SUBJECT

PLAINTIFFS
DANTS

WE HAVE

CONTROL

TO DIRECT

HAVE

TO AVOID

ALLEGED THAT
TIHE

PARAGRAPH 10 OF PLAINTIFFS

ALL

OF

THERE
OF

APPLICATION

SWORN STATEMENTS

AND

ALLEGED

DIFFERENT

STRIKINGLY

SHOW FACTS

BOTH

SUPERVISION

OF

THE

CONSPIRACY

IS

THE

LAW OF

AMENDED COMPLAINT

HE

THAT

FROM

PLAINTIFFS

DEFENDANTS

BETWOEN THE

STATE

AND

DEFEN

OF MICHIGAN

STATES

ACTS AND ACTIONS
COMPLAINED
PLAINTIFFS
OF BY
WERE ACCOMPLISHED
BY
OF ALL THE
THE AGREEMENT AND COOPERATION
BOTH CORPORATE AND INDIVIDUAL
DEFENDANTS
AND THE ILLEGAL
UTILIZATION
NAMED HEREIN
LABOR INURED
TO THE BENEFIT
OF PLAINTIFFS
OF ALL DEFENDANTS
FURTHER SAID ACTIONS
CONSTITUTED IN FACT OR IN LAW AN ATTEMPT
THE LAWS OF
AND VIOLATE
TO EVADE AVOID
THE USE OF
OF
THE STALE
MICHIGAN REGARDING
AND THE
LABOR
PROFIT
FORPRIVATE
PRISON
STATES
AND THE UNITED
LAWS OF MICHIGAN
REGULATING THE MINIMUM WAGE TO BE PAID FOR
OF THE

LABOR
THE

TIFFS

WERE

INCORRECT

ETA

DISTRICT
IN

JUDGE

TRYING

STATED

IN

TO DISTINGUISH

24

HIS
THE

OPINION
HUFLTLEY

THAT
CASE

PAIN
ON THE

BASIS
IN

THAT

THE

THE

INSTANT

WHILE

CASE

WORK FORCE

CONVICT

THE

DRUG COMPANIES

DISTINCTION

IN

HIS

EXERCISE

SUPERVISION

HUNTLEY

ONLY

PRISON

STATED

OPINION

OVER

THAT

THE

INMATES

DITECTED

EMPLOYEES

TO MAKE SUCH

WOULD
IN HUNL1E
IGNORE THE ALLEGAFRION
THAT THE PRISON
EMPLOYEES WHO SUPERVISED
THE INMATES
WORK IN THE STAMPING
IN THEIR
UNDER
THE
WERE
PLANT
SUPERVTSION AND
DIRECTION OF THE DEFENDANL2
79
SUPP
AT 112
SINCE THOSE ALLEGATIONS
HAD TO
BE ACCEPTED AS TRUE FOR THE PURPOSES OF
THE MOTION TO DISMISS
THE HUNTLEY
COURT
WAS REQUIRED TO ASSUME THAT THE DEFENDANTS
IN THEIR
AGENTS SUPERVISED
PLAINTIFFS
ROUTINE WORK AT THE STAMPING PLANT
THAT
ASSUMPTION CORRESPONDS TO THE UNCONTROVERTED
FACTS NOW BEFORE THE COURT 204A

APPELLANTS
STATING
RELEVANL

THE

BELIEVE

THAT

ABOVE

THE

LE THE

THE

COMPLETE

RAISED

POINT

DISTRICT

DISTRICT

IS

JUDGE

ERROR IN

IN

HUNTL

FROM THE

QUOTATION

BY THE

WAS SIMPLY

JUDGE

AS

CASE

FOLLOWS

THEY ALLEGED THAT THE SUPERINTENDENT
GENERAL FOREMAN NIGHT SUPERINTENDENT
PAINT FOREMAN SUPERINTENDENT OF THE
TOOL

ROOM AND OTHER EMPLOYEES

OF THE
OF WHOM WERE NOT
INVOLVED IN THE PRESENT
INMATESANDNOT
SUIT WERE TO BE PAID BY THE DEFENDANT
IEKTHEIR
SERVICES
IN SUPERVISING
THE
INMATES
IN THEIR
WORK IN THO STAMPING
PLANT AND THAT THESE EMPLOYEES OF THE
PRISON INDUSTRIES
WERE UNDER THE SUPER

PRISON

INDUSTRIES

VISION

ARID

OFDCFCNDANT

DIRECTION

EMPH ADD
TO APPELLANTS

THIS

LANGUAGE

SEEMS

CLEARLY

TO

INDICATE

WERE AT

ALL

ROUTINE

WORK UNDER THE CONTROL OF REPRESENTATIVES

THE

PRISON

DOING

THEIR

TIMES

BOTH IN

INDUSTRIES

THE

WORK BY PRISON

TERMS

FACT

OF

OF

THEIR

THEIR

AUTHORITIES

25

CUSTODY

AND

THE INMATES

THEIR

EVERYDAY

OR EMPLOYEES

SUPERVISIONAT
APPELLANTS

THAT

OF

WORK IN

BIEVE

IS

CRUCIAL

FACTOR

DISTINGUISHING

BEARING

ON THE

QUESTION

LII

THE

WORK HAS

IN

ELEMENT

ALL

THE

CONSIDERED

BOON

ALWAYS

THEIR

DETERMINING

CASE

FROM THE EUNTLEY

RIGHT

OF

PERSONS IN

TO CONTROL

NOT THE SOLE

IF

AND

CASE

THEY WERE EMPLOYEES

OR NOT

OF WHETHER

AFTER

DRUG COMPANY

THIS

CRUCIAL

LEAST

AT

THEIR

AS EMPLOYEES

STATUS

CONCLUSION
IN

FINALLY
ABOUT

THE

OF

INTENTION

THE

CONGRESS

ACT

AND

HIS

BROAD

COVERAGE

THE

DEVELOPMENT OF THIS

BASIS

THE

VERY CRIMINAL

TO MAKE

CLEAR

NOT TO

THE

DEFINE

TERM

PRIVATE

CORPORATIONS

BETWEEN

CONVICT

AND

EMPLOYEE

FREE

THE
IN

FINDING
THIS

COURT

CASE
SHOULD

FURTHERMORE
SHOULD

OF

LOWER

THE

AND

IT

IS

IS

HAS

BEEN

BY THE

QUOTED

IT

IN

ITS

SPEAKS

CLEAT

OF THIS

EARLIER

CASE

ON
COURT

BY CASE

WOULD

POLICY

SEEM

WOULD

POLICY

TOWARD THE

COMPETITION

OF DEFENDANT DRUG

CLAIMS

COURT THERE ARE SERIOUS

NOT

ONE WITH

REGARD

TO

ISSUES

FACTUAL

COUNT
OF

IN

WHICH THE

SUMMARY JUDGMENT

ON THE

BASIS

WERE SUCH

DECISION

PCOPER

APPELLANTS

URGE THAT

CIRCUMSTANCES

OF THIS

IN

THEIR

FAVOR

UNDER

THE

AND

COMPANIES

DECISION

BE MADE

BE

WAY SO AS TO ENCOURAGE

SUCH

MADE

HAVE

THAT

LABOR
THE

DESPITE

THINK

AND CONGRESSIONAL

POLICY

TO VIOLATE

JUDGE

AS NOTED

COVERAGE

STATUTES

FEDERAL

THAT

DISTRICT

APPELLANTS

CONGRESS

INTENDED

THE

OPINION

IT

CASE

TI
THE DISTRICT

DID

ERR IN

COURT

GRANTING

SUMMARY JUDGMENT TO DEFENDANTS

WERE NOT EMPLOYEES WITHIN

PLAINTIFFS
OF

PLAINT

SET

MICHIGAN
ACT

FORTH

THE

DISTRICT

THE

APPELLANTS

THE

APPOLLEES

OF

II

CLAIM

IN

PERTINENT

ANSWERED

COURT

UNDER

WAGE

LAW

NO

NO

SAY

THE

TILE

YES

SAY

PLAINUFFS

SEC 172551D725516

PROVIDES

MINIMUM

MICHIGAN

THE

COUNT

BECAUSE

AMENDED COMPLAINT

OF PLAINTIFFS

TI

ON COUNT

COXNPLAINT

MINIMUM

MSA

AND AMENDED

WAGE LAW OF

THE

COM

STATE

SEC 1725514

OF

OF THAT

PART

ACT SHALL NOT
OF THIS
IS
WHO
SUBJECT TO
EMPLOYER
APPLY
OF THE FEDERAL
THE MINIMUM WAGE PROVISIONS
AS
FAIR
LABOR STANDARDS ACT OF L938

PROVISIONS

TO ANY

AMENDED
THE

ACT CONTAINS

THE

DEFINITIONS

FOLLOWING RELEVANT
TELTLPLOYEEI

MEANS

IN

SEC

AN INDIVIDUAL

BETWEEN THE AGES OF 18 AND 65 YEARS
EMPLOYED BY AN OMPLAYER ON THE PREMISES
FIXED
SITE
OF THE EMPLOYER 01 AT
DESIGNATED BY THE EMPLOYER
ANY PERSON FIRM OR
THE STATE AND ITS
CORPORATION
AND IN
SUBDIVISIONS
AGENCIES
POLITICAL
IN
AND ANY PERSON ACTING
STRUMENTALITIES
OF SUCH EMPLOYER WHO EMPLOYS
THE INTEREST
AT ANY ONE TIME WITHIN
OR MORE EMPLOYEES
SUCH EMPLOYER SHALL BE
CALENDAR
YEAR
ANY
SUBJECT TO THUIS AEL DURING THE REMAINDER OF
SUCH CALENDAR YEAR
MEANS
INCLUDING

EMPLOYER

27

172552

EMPLOY
PENNIT
THERE

JURISDICTIONALLY
FURTHER

OF

ING

THAT

POINTED

IS

THE

NOT

BUT

ON HIS

OF THE

ACT

THE

RECORD

BY THE

THAT

THERE

OF

DOES

NOT

REMEDIAL

THE

APPLY

MICHIGAN
AND

FOR

NATURE OF THE

LAW SHOULD

BE

ACT
THAT

COURT

OF

RELATIONSHIP

FOUND BASED
FAIR

LABOR

URGE THAT

FOR ALL
BE

CON

MINIMUM

WAGE

SHOULD

THEY

MICHIGAN

URGE THAT

TO TAKE

INTERPRETED

UP

THE

REASON TAKING
THE

LEGISLATION

COURTS EVEN MORE BROADLY
ABSENCE

THE

ISSUE

CREATED

CASE

THIS

FURTHER APPELLANTS
TENTION

RELATIONSHIP

UNDER THE

FACTUAL

IS

CON

EMPLOYEES

WERE NOT

OF THE

MEANING

MEAN

THE

EMPLOYEE STATUS

TO THE

APPELLANTS

ARE

BUT

OPINION

THE COURT THEN

INMATES

THE

WITHIN

HIS

MASTER

REFERENCE

LAW

WITHIN

SURROUNDING

IT

C209A

VERY LEAST
IH

THE

WAGE

OF THE

WITH REGARD TO COUNT

STATED

EMPLOYEES

QQ7A

WITH

PLAINTIFF

LAW

ACT

SITUATION

COUNT

WAGE

ERNPLOYEES

OF

PROVISIONS

DRUG COMPANIES

NOT

MICHIGAN

OF

THE

MINIMUM

IN

TEST

FACTUAL

UNDER

THAT

MINIMUM

OR AT

THE

THE

ECONOMIC REALITY

REASONS

SIDERED

LAW

TOTAL

REASONING

MICHIGAN

THAT

IN

THAT

OR

THESE

CONSTRUING

MICHIGAN

WERE

COMMON LAW DEFINITION

THE

STANDARDS

PLAINTIFFS

OUT

RATHER THE

INCLUDING

TO THE

WORD AS DEFINED

RECTLY

ENGAGE SUFFER

COURT FOUND

SUBJECT
THAT

TO

MICHIGAN

DISTRICT

THE

FOUND

IN

BEEN NO CASES

HAVE

MEANS

WORK

TO

IT

SLACK
INTO

WORD

WAS THE

WHERE FEDERAL

CONSIDERATION

EMPLOYEE

AND WOULD BA INTERPRETED
THAN

DETERMINATION

WAS BOUND TO MAKE ITS

BY

UNDER
THE

THE

MICHIGAN

FEDERAL

IN

BY THE

LAW

THE

IN
LAW
THE
STATE

MICHIGAN

TN THE

COURTS THE EJISTRIEL

OWN DETERMINATION

28

CLEAR

THE

POWELL

DISSENTING

LAW OF MICHIGAN

THE

SEC COMM

EMPLOYMENT

LHIS

CII

MICH

345

TALBOT

OF JUSTICE

OPINION

455

1956

SMITH

HAS

IN

BECOME

SUBJECT

ONE OF ECONOMIC
THE TASK PERFORMED
LARGER
PART OF
CONTRIBUTION TO THE
COMMON TASK
COMMON OBJECTIVE
ACCOMPLISHMENT OF
THE TEST IS FAR FROM THE
CIT OMIT
COMMONLAW TEST OF CONTROL SINCE THE
WITH THE CORRECTION
ACT CONCERNS ITSELF
EVILS
OF ECONOMIC
THROUGH REMEDIES WHICH
CIL
AT
THE
COMMON LAW
UNKNOWN
WERE
THE TEST
RATHER LOOKS AT THE
OMIT
WORKMEN TO SEE WHETHER OR NOT THEIR WORK
PART OF THE
CAN BE CHARACTERIZED
CIT
INTEGRATED UNIT OF PRODUCTION
ITS
IN
WHETHER
THE
WORK
DONE
OMIT AND
AN
USUAL
OF
THE
FOLLOWS
PATH
ESSENCE
IN APPLYING
CIT OMIT
EMPLOYEE
CONTROL IS ONLY ONE OF MANY
SUCH TEST
THE ULTIMATE
FACTORS TO BE CONSIDERED
QUESTION IS WHETHER OR NOT THE RELATION
IS
OF THE TYPE TO BE PROTECTED
SHIP

THE

EMPLOYED IS

TEST

IT LOOKS AT
REALITY
WHETHER OR NOT IT IS

REBECCA COHEN
BY THOSE STANDARDS
HER WORK IN
AN EMPLOYEE
WAS CLEARLY
ESSENCE FOLLOWED THE USUAL PATH OF AN
IT WAS AN INTEGRAL
PART OF HER
EMPLOYEE
CONBRIBUTION
IT WAS
EMPLOYERS BUSINESS
IF
CONTROL
AND
TO THE COMMON OBJECTIVE
HER
CLEAR
THAT
IT
IS
REMAINS THE TEST
EXERCISED
OVER HER ALL OF THE
TESTED

EMPLOYERS

HER

CONTROL

THIS

APPLYIFLY

COURT SHOULD

DISTRICT
IF

NO

SUBJECT

MINIMUM
WITH

WAGE

REGARD

JUDGMENT

TO THE

HAVE

TO DEFENDANTS

DEMANDED

CONCEPT
FOUND

FEDERAL

OR AT

THERETO

WORK

THE

THAT

ACT

THE VERY

COUNT

WERE

PLAINT

29

INSTANT

OF

CASE

THE

DEFENDANT DRUG COMPANIES
TO THE

SUBJECT
THAT

COURT
TI

THE

THE

LEAST

DISTRICT

UNDER

TO

ERRED

FACTUAL
IN

PLAINLIFFS

MICHIGAN
ISSUE

GRANTING

EXISTED

SUMMARY

AMENDED

COM

IV
THE

DID

NERE NOT DEPRIVED

PLAINTIFFS

WE NOT

INTENDED

MICHIGAN

PRISON

THE

APPELLANTS

THE

APPELLEES

DEPRIVED

DISTRICT

THE
MENT

THEORY
IS

IT
THAT

THE

PERSON

THE
IT

DECLARATION

THEORY

THE

REQUISITION

CONDUCT

OF THEIR

ANCN

OF WHICH

SERVICES

OF DEFENDANTS

NECESSARY TO START

LABOR
SOCRNS

OF

OF EVERY

THEY

GJA

FOR

SUMMARY

JUDG

TUE

GENERAL

PRO

COUNTY

BELONGS

TO

MOTION

THAT

USE

THIS

IN

PERSON

AND

THEIR

OTHER

THE

FOURTEENTH AMENDMENT

BASIC

LEGAL

DOCUMENTS

OR

STATEMENT

PERSON IS

OF MLCHIGAN
AND

OUT WITH

UNNECESSARY TO CITE

INDEPENDENCE

TO SUBSTANTIATE

STATE

OF THEIR

III

OF RECOVERY

WHEN
OF

II

NO

SAY

VALUE
THE

BY

NC

COUNT

PLAINTIFFS

THAT

YES

SAY

COURT ALSO GRANTED DEFENDANTS

ON THIS

POSITION

ACT

SUED UNDER COUNT

REASONABLE

UNDER THE

COURT ANSWERED

DISTRICT

PLAINTIFFS

BECAUSE

PLAINTIFFS

BENEFICIARIES

INDUSTRIES

THE

III

OF PROPERTY

LAW AND BECAUSE

UNDER MICHIGAN

WERE ILLEGALLY

ON COUNT

AMENDED COMPIATNT

OF PLATNTIEFS

FOR THE

GRANTTNG

IN

JUDGMENT TO DEFENDANTS

SUMMARY

COMPLAINT

EIU

COURT

DISTRICT

AULHORIZE
LABOR

TO

LAWFULLY
LHE

INCARCERATED

DEPARTMENT

CERTAIN

20

THE

TATULES

OF CORRECTIONS

EXTENT

AND THE

TO

CONDITIONS

CT

WHICH THAB

UNDER

TO THIS
TC

LABOR

FOR THE

ARTISTIC

IS

BENEFIT
CLEARLY

AT

OR COULD

NO

AS

WORK

IT

ACTING

APPLICABLE

SET

THAK

BY

THE

STATE

BUT

ONLY

THE

TO THE

ALTHOUGH THIS

TO IT

ARE

CLEAR

LABOR

EXEEPL

THEM THEY WERE DEPRIVED
THE

STATE

THE

REQUIRE

FROM WHICH

IN

WITH

STORIES

THE

FOR

ANSWER

OF SOUTHERN

WORK OF THE

RIGHT

LABOR

INMATES

CLAIMED

OF THIS

PROFITS
IS

LEGALLY

OF PRISONERS

GIVEN

THE

BEYOND

THAT

PROTECTED PROPERTY INTERESL
FLOVCL

SITUATION

PLAINTIFFS
SO FAR

OF PROPEREY IN

GENERAL ROLE IS

THAT

TO THE

THE

THE

SINCE

WITH

NOBODY HAS EVER

EXTENT

IS

WRITE

TO

TO

PERSON

PRISON

STATE

MI

EXHIBITIONS

TO PLAINTIFFS

ENTIT LED

AND INVADING

ILLEGALLY

MUHAMXNED

COMPEL

INMATES
IS

WOULD ANYONE CONTEND

OR AX AUTHOR

SHOP

TO REQUISITION

RIGHT

OF THEIR

THE

THE

OF ALL

DEPRIVED

OR FIGHT

FACT

CRAFTS

NOT

EXAMPLE

COULD

SEEMS

OF

STATE

TO REPEAL

PRISONERS

FRUITS

FOR

CAN

TT

MATTER
AND

RE

INMALES

PICTURES

STATE

AN ARLE

CLAIM

HAS

THE

THE

PRICES

STATE
IS

TO THE

OUT

SPELLED

CAREFULLY

GIVEN

CHAMPIONSHIP

STATE

TO PAINT

OF

HAS

SOLD

SORT OF

THAT

OWN LABOR

GO TO THE

ABILITY

MICHIGAN
IS

CLEAR

HEAVYWEIGHT

MONEY TO

THE

IS

DEPARTMENT OF CORRECTIONS

THE

THE

IS

TO THEIR

RIGHTS

FIGHT

LABOR

ARE

EXTENT
IT

THAT

BE UTILIZED

PRISONER

EXTENT

THIS

THEIR

CAN

AS
THIS

FORMALLY

THE

PRINCIPLES

WERE ENTITLED
IT

WAS LEGAJLY

TO
TAKEN

CASE
STATED

AS

FOLLOWS

AND WHERE ONE PARTY WRONGFULLY COMPELS
TO RENDER HIM VALUABLE SERVICES
TO
VALUE IS IMPLIED
PROMISE
PAY THEIR
SO
TO PAY FOR SERVICES
RENDERED WILL
BE
PROMISE
IMPLIED
AGAI INST
WRONGDOER WHO NEVER INTEN6ERI
TO PAY OR WHO INTENDED
TO AVOID
DECEITFULLY

ANOTHER

31

OF

THE
FROM

THE RENDITION
OF SUCH SERV
ICES
IS
SECURED THROUGH DURESS COMPUJSION
OR
FRAUD MAKES NO DIFFERENCE
WHERE WITHOUT LEGAL
ONE IS COMPELLED TO PERFORM WORK FOR
AUTHORITY
AN IMPLIED
ANOTHER THE LAW RAISES
CONTRACT FOR
FOR THE VALUE OF THE SERVICES
RENDERED
COMPENSATION
WORK AND LABOR EEC 12 PAGE 737
98

PAYMENT

CYS

MC

LAW OF

MICHI
IN

THE

PERFORMANCE OF LABOR

LAW WILL

THE

MICHIGAN

OR THE

WERE PERFORMED OR RENDERED AT
LEDGE

AND

ASSENT

CIRCUMSTANCES

APPROPRIATE
LEADING

MOREOVER

MICHIGAN

AT

SUCH

THOUGH

STATES

REQUEST

PROMISE

WILL

RULES

THIS

HIS

BE IMPLIED
ACT

FOR

WHERE THEY

OR WITH

NO TORTIOUS

THE

TO PAY

PROMISE

OF SERVICES

RENDERING

ANOTHERS

EVEN

AUTHORITY

IMPLY

IS

KNOW
UNDER

INVOLVED

WAY

LAW

TORT ARISING
OUT OF
CONTRACT
BETWEEN THE PARTIES
OR CONSISTING
CONVERTFLOA OF PROPERTY INTO MONEY OR MONEYS
WORTH MAY BE WAIVED AND SUIT MAY BE BROUGHT IN
ON
CONTRACT OR PROMISE
ASSUMPSIT
IMPLIED BY
LAW NOTWITHSTANDING THE FACT THAT AN ACTION OF
ON THE CASE MIGHT HAVE BEEN BROUGHT
TRESPASS
UNDER THE STATUTE
THE RIGHL
TO WAIVE
TORT AND
TO MAINTAIN
ON
CONTRACT OR PROMISE
ASSUMPSIT
IMPLIED
THE
BY LAW IS EXTENDED TO
CASES
CONVERSION OF PERSONAL PROPERTY INTO MONEY
UAL
OF

AND FURTHER

THE

COMMON

RELATION

SAME

AUTHORITY

STATES

LIES
WHERE LABOR HAS BEEN
SERVICES
RENDERED PURSUANT TO
PERFORMED OR
CONTRACT
EXPRESS OR IMPLIED
ALTHOUGH THE CONTRACT IS
NOT BINDING
BECAUSE
OF FRAUDS OR
UPON PLAINTIFF
MISTAKES OF DEFENDANT OR ITS TERMS ARC NOT ENFORCE
ABLE BECAUSE OF THE STATUTE OF FRAUDS

ASSUMPSIT

CNCRALLY

IN THE ABSENCE OF AN EXPRESS
CONTRACT FOR LABOR
OR SERVICES
AND PAYMENT OF COMPENSATION
AS WHERE
LABOR WAS PERFORMED AT ANOTHER
REQUEST OR
WITH HIS KNOWLEDGE AND ASSENT AND THERE IS NO
EVIDENCE OF
CONTRACT PRICE
OR WHERE SERVICES
WERE RENDERED AND ACCEPTED WITH FULL KNCVULEDGE
OF THE FACTS
BE MAIN
ASSUMPSIL
MAY ORDINARILY
TAMED FOR THE REASONABLE VALUC OF THE LABOR
PERFORMED OR SERVICES
RENDERED UPON AN IMPLIED
VALUE THEREOF
PROMISE TO PAY THE REASONABLE
MICHIGAN PLEADING AND PRACTICE
VOL
SECTIONS
6210
AND 6220

32

THE

CASES

TIONS

THIS

SUPPORTING
SUFFICE

WILL

AN

ACTJON

VS

DONOVAN

FEW

HALSEY

FTRE

DEFENDANT AND THE

AGAINST

CITA

AND

LEGION

RECOVERED FOR LABOR

PLAINTIFF

OF ASSUMPSIT

FOR PLAINTIFF

JUDGMENT

IN

AS EXANPIES

COMPANY 58 MTCH38L885
IN

ARC

PROPOSITION

ENGINE

PERFORMED

COURT

SUSTAINED

THAT

HOLDING

SOME POINT WAS MADE ON THE HEARING THAT BY
THE BYLAWS OF THE COMPANY NO DEBT COULD BE CON
TRACTED EXCEPT BY ORDER OF THE BOARD OF DIRECTORS
THERE
THERE IS NOTHING
HOWEVER IN THIS POINT
TO HAVE BEEN NO QUESTION ABOUT THE LEGAL
OR THE FACT THAT IT
OF THE DEFENDANT
OF THESE
DID
AND EMPLOYED THE SERVICES
MEN WHOSE CLAIMS WERE HELD BY THE PLAINTIFF
SEEMS

BUS

EXISTENCE

THERE IS NO PRETENSE THAT THE COMPANY DID NOT
FOR THE AMOUNT
RECEIVE
GOOD AND VALUABLE SERVICE
BE
OF CLAIMS
RECOVERED AND THAL IT WAS
SOUGHT TO
THE
BENEFIT
OF
THE
FOR
COMPANY AND WITH ITS KNOW
THE
ASSURNPSIT
ALONE UNDER SUCH
IMPLIED
LEDGE
CREALE
THE LIABILITY
SUFFICIENT
TO
IS
FACTS

SIMILARLY

IN

PLAINTIFF

SUED

RENDERED

BECAUSE
DICT

LEDGE

ON THAT
THE

BY THE

AND THE

SCHOOL

DISTRICT

DEFENDANT SCHOOL DISTRICT

ON THE

CLAIM

HE HAD

SHOW THAT

VS

SUPERINTENDENT

AS

THE

SISTED

DAVIS

BASIS

THAT

GROUND AND REFOSED
RENDERED

BOARD OF TRUSTEES

MICHIGAN

SUPREME COURT

THE

MICH

TO

RECOVER

SCHOOL

BY HIM WERE
ON APPEAL

FOR

SERVICES

TEACHER

VER

DIRECTED

OFFER

OF PROOF

PERFORMED WILH
THE

RE

DEFENDANT

QUALIFIED

LOWER COURT

PLAINTIFFS

1890

214

YEAR

HE WAS NOT

AND THE

NO CERTIFICATE

SERVICES

THE

DURING

81

CASE

KNOW

WAS REVERSED

STATED

WHERE

RECEIVES
CORPORATION
MONEY
MUNICIPAL
UNDER
SUCH
CIRCUMSTANCES
OF
OR PROPERTY
PARTY
OF
CONTRACT
THAT THE LAW INDEPENDENT
THE
TO
THE
CORPORATLON
OBLIGATION UPON
IMPOSES
DO JUSTICE
HELD THAT

RESPECT TO THE SAME IT HA
TO AN ACTION
MAY BE LIAB1R

WITH
IT

33

TO

BEEN

WLC
II

ITJ

THE
SUPREME

COURT

AT

100

PAGE

IN

FOLLOWING

DETROIT

VS

WAS APPROVED BY THE

LANGUAGE

PARK

HIGHLAND

326

MICH

78

TT

MICHIGAN

1949

CONTRACTS
THERE ARE TWO KINDS OF IMPLIED
IN
IN FACT AND THE OTHER IMPLIED
IMPLIED
THE
DOES NOT EXIST
UNLESS
LAW
THE FIRST

ONE

MINDS
OF THE PARTIES
MEET BY REASON OF WORDS
SECOND
IS
OR CONDUCT
THE
QUASI OR CONSTRUC
AND
DOES
NOT
MEETING OF MINDS
REQUIRE
TIVE
OF LAW TO ENABLE
BUT IS IMPOSED BY FICTION
EVEN IN CASE NO
TO BE ACCOMPLISHED
JUSTICE
CONTRACT WAS INTENDED

IN

ORDER TO AFFORD THE REMEDY DEMANDED BY
SUCH REMEDY TO
AND ADJUST
EXACT JUSTICE

OL

THE LAW SOMETIMES
INDU‰ES
CAUSE OF ACTION
CONSTRUCTIVE
CON
IN THE FICTION
OF
OR
QUASI
TO
FOR
WITH
AN
PAY
IMPLIED
TRACT
THE COURTS HOWEVER EMPLOY
RECEIVED
BENEFITS
AND WILL NEVER PER
THE FICTION
WITH CAUTION
IN
IT IN CASES WHORE CONTRACTS
IMPLIED
MIT
SUBSTITUTE
ONE
FACT MUST BE ESTABLISHED OR
PROMISE OR DEBTOR FOR ANOTHER
THE

THERE
INMATES

THE

WERE

LABOR

REMAINS

IN

FACT

IT

IS

MANDATE

THIS

MICHIGAN

STATUTES

THE

ONLY

LAW AND
SHALL

IS

POLICY

NOT

PRISON

AND

OF WHETHER PLAINTIFF
THEIR
STATE

LABOR

AS

THAT

OF MICHIGAN

FOR PRIVATE

CLEARLY

LABOR

FROM

OF

OF THE

HO USED

EXPRESSLY

REGULATING

QUESTION

DEPRIVED

ILLEGALLY

THE

OF PRISONERS

PROFIT

ACTS

OF DEFENDANTS

ILLEGALITY

OR CORPORATE

SPELLED

OUT

IN

THE

FOLLOWS

ACT SHALL
AND AFTER 60 DAYS AFTER THIS
SHALL
BE
UNLAWFULL
TO
SELL OR
LAW
IT
BECOME
OR
TO
OFFER
FOR
SALE
OR
OR
EXCHANGE
EXCHANGE
TO PURCHASE ANY PRISON PRODUCTS
EXCEPT PURE
BRED LIVESTOCK
RAISED
ON THE SEVERAL PRISON
FARMS AND SOLD FOR BREEDING PURPOSES7OTHENILSE
THAN FOR USE OR CONSUMPTION IN THE PENAL CHARI
INSTITUTIONS
OF
TABLE ANDOR OTHER CUSTODIAL
OF
THIS
THIS STATE OR FOR DEPARTMENTS
STATE
SUHCLIVI
IONS THEREOF OR THE FEDERAL
OR POLITICAL
THEREOF OR OTHERWISE
GOVERNMENT OR AGENCIES
ACT NOR SHALL
PROVIDED IN THIS
SPECIFICALLY
BE SOLD HIRED
LEASED
THE LABOR OF PRISONERS

34

LOANEDCONTRAC LED FOR OR OTHERWISE USED FOR
3EVATE OR CORPORABE PROFIT OR FOR ANY OTHER

WAN

POSE

OPERALION

MSA
MBA

MAINTENANCE

OR

WORKS WAYS OR PROPERTY

ASMRECTED

SEC 2R1525

GOVERNOR
ADDED

THE

EMP

MANDATE

THIS

CONSCFI

THE

OF

FURTHER

IS

EXPRESSED IN

SEC 281530

WHICH STATES

IT

HEREBY DECLARED TO BE THE

IS

OF

INTENIL

ACT

THIS

TO PROVIDE ADEQUATE
REGULAR DIVERSIFIED
OF THE
AND SUITABLE
EMPLOYMENT FOR PRISONERS
STATE CONSISTENT WITH PROPER PENAL PURPOSES
TO UTILIZE

THE

FOR SELFMAINTENANCE

LABOR OF PRISONERS
EXCLUSIVELY
AND FOR REIMBURSING THE
INCURRED
BY REASON OF THEIR

STATE
FOR EXPENSES
AND IMPRISONMENT
CRIMES

PRI

TO ELIMINATE
A13COMPETITIVERELATIONSHIPS
BETWEEN PRISONER LABOR OR
EMPH ADDED
FREE LABOR OR PRIVATE INDUSTRY

THIS
ALL

OF THE

ANCIENT

STATES

IN

IN

THIS

FOR

HISTORY

CONSTITUTION

PUBLIC

EFFECT

COUNTRY

1906

ONE

AND

SEC

EXAMPLE
IN

IS

POLICY

IN

RECOGNIZED

ONE WHICH

HAS

OF ARTICLE

18

MANY IF

NOT

RATHER
OF THE

MICHIGAN

PROVIDED

BE TAUGHT TO
TRADE SHALL HERCAFTER
THIS
OF
STALE EXCEPT
CONVICTS
IN THE STATE PRISON
THE CHIEF
OF
WHICH
ARTICLES
THE MANUFACTURE OF THESE
FROM
OTHER
IS
FOR
HOME
CONSUMPTION
5MPORTED
SUPPLY
STATES
OR COUNTRIES

NO

IN

THE

COURT
OF THE

CASE

MECHANICAL

MANTHEY

OF THIS
MICHIGAN

STATE

VS VINCENT
ENJOINED

STATE

PRISON

145

MICH

327

THE WARDEN AND
FROM PERFORMIN9

MANUFACTURE OF BROOMS BY INMATES

BECAUSE

THE

1906

THE

SUPREME

BOARD OF CONTROL
CONTRACT FOR THE

SUCH ACTIVITJ

VIOLATED

THE

THE CORRECTIONAL INDUSTRIES
ACT ACT 15
1968
THE FORMER
REPEALED
PRISON AND LABOR TNDFLSTRIES
ACT BUT THE NOW ACT CONTAINS SUBSTAN
SIMILAR
FOR PURPOSES OF THIS CASE
PROVISIONS
TIALLY

35

CONSTITUTIONAL
IS

IE

VALID

IN

PROVISION
THE

THAT

QUESTION
OF

PREVENTION

SUCH

STATE

POLICY

BETWEEN CONVIOL

COMPETITION

LABOR

IIL

AND

1936

EVEN IN

BE

LEGALLY

EXACTLY

OF STATE

PRISON

SO

WOULD CERTAINLY

LAWFUL

WHAT IS

BEING

AND POLICY
MENT

SO AS

PRISON

THE

DONE IN

STATE

OF THIS

TO PREVENT

REHABILITALION
ARE

ALSO

SIMILAR

TO ENFORCE
POLICY

AND

GAIN

OBJECTS

DEPRIVE

CLEAR

CONTRACLS

WHERE THEIR

FOR

SERIOUS

THOSE

LIVING
YET

VIOLATION

THE

TO LIMIT
THROUGH

SIMILARLY

JUST
IS

OF THE

EXACTLY

STATUTES

INMATE

TEMPTATION

EMPLOY
TO

THE

DESIRE

TO PROVIDE

SHORT THE INTEREST

STATE

HAVE

NOT

HESITATED

JURISDICTION

TO

IMPROPER UTILIZATION

THE

VIOJATION

CRIMES

ITS

OF

IN

IF

THAT

OF

THIS

IN

OXPOSITIOIL

REGULATION

IN

TO BE

LEGISLATURE

LIVING

OPPORTUNITIES

STATES

THE

NO DETAILED

IN

COULD

1850

438

ADDITION

ABUSE

CONCERN

OTHER
REFUSE

IN

FOR POSSIBLE

LEQIS2ATIVE

PRISONERS

ITS

CASE

SO HAD

US

299

WAS VOID

PURPOSE

TO EARN

CO

CONVICTS

OF

COURT

SUPREME

CR

METHOD OF DOING

EFFECT

RIGHT
THIS

LABOR

FOR MEN CONVICTED

WOULD IN

OF

OFFICIALS

AND VALID
PROPER

LIFE

TO REQUIRE

STATES

ILLINOIS

MOTIVATING

REASON

BE ABSURD

WORK THAT

BE GIVEN
AND

AS

CO VS

MICH

VS LATHROP

CLEAR

UNITED

FOR THIS

CONTRACT

COGENT

THE

WHEN THE

DAYS

PRESCRIBED

OR

ONE
IS

THE

THE

LEASED

FOLLOWED

REGARD

COLLAR

WHIP

LONG AGO
334

LV

WAS ESTABLISHED

LABOR

FREE

TO STRIICE

SIMILAR

LAWS

WAS CONCERNED

OF

DOWN OR
AND
ROR EXAMPLE

FOR ANALO
THE CONGRESS OF THE UNITED
STATES
HAS SEEN FIT
INDEED
FOR KNOWINGLY TRANS
TO
ESTABLISH
CRIMINAL
REASONS
PENALTY
GOUS
OR PRISONER MADE GOODS
COMMERCE CONVICT
PORTING IN INTERSTATE
TITLE
19 SEC 1961

USCA

36

THE

ILLINOIS

COMPEL

THE

PUBLIC

WELFARE CAR

ILLINOIS
THE

LICENSE

OF THE

BEING

SOLD

ON THE

OF THE

BOARD

TIFFS

OPEN

SO DOING

THE

SUPREME

THE

FOR

18

FOR

WERE NOT

PLATES

STATUTE

APPLICABLE
THE

MARKET AND THEIR

NE

ARKANSAS

FROM

APPEALED

AND THE

AND

THE

2ND

453

SUIT

OF PENITENTIARY

CONV

LEASING

THROUGH

TO BE USED

PLATES

WELFARE TO AVOID

VS HUGHES
IN

TO SECURE

BECAUSE THE

STATE

OF PUBLIC

FOR MATIDAMUS

PETITION

DRIVERS

ILL

COURT

IN

LABOR

TO BE MANUFACTURED

OF

RREE LABOR

1933

WAS BROUGHT TO RESTRAIN
FRCM HIRING

OF CONSTRUCTING
DECREE

LABOR

PRISON
WITH

DC

THE

REQUIRED

COMPETILION

COMMISSIONERS

PURPOSE

LOWER

PRODUCTS

TO

DEPARTMENT OF

WERE TO BE MANUFACTPRED BY CONVICT

WRIT WAS DENIED

PARTINENT

REFUSED

SECRETARY OF STATE

WHERE THEY

FOR USE

COURT

SUPREME

DISMISSING

OUT

DAM
THEIR

COURT OF ARKANSAS REVERSED THE DECISION

MEMBERS
AND

THE

PLAIN

SUIT
AND

IN

STATED

IT

IS
HAVE NOT BEEN LEASED
URGED THAL THE CONVICTS
WITHIN THE MEANING OF THE STATUTE BECAUSE THEIR
AND
PHYSICAL CONFRROL IS UNDER THE SUPERVISION
DIRECTION
OF GUARDS AND WARDENS APPOINTED BY THE
THE PHYSICAL
PENITENTIARY
CORNMXSSION
CUSTODY
OF THE CONVICTS
BY THE GUARDS AND WARDENS APPOINTED
BY THE PENITENTIARY
COMNISSION
DOES NOT AND CAN
NOT PREVENT THE CONTRACT FROM BEING ONE OF HIRING
OUT OR LEASING
THE CONVICTS
SUCH
CONSTRUCTION

OF THE STATUTE
WOULD IN EFFECT
RENDER IT USELESS
AND INEFFECTUAL
FOR THE PURPOSE FOR WHICH IT WAS
ENACTED
THE PUBLIC
POLICY OF THE STATE AS SHOWN
BY THE LEGISLATIVE
WILL WAS TO PREVENT LETTING
OF THE CONVICTS
TO PERSONS OR CORPORATIONS
TO BE
WORKED BY THEM FOR PRIVALE GAIN
TO ALLOW THE
CONTRACTS
TO STAND WOULD BE CONTRARY TO THE POLICY
OF THE LAW AS TENDING
TO RESULT IN THE
OBVIOUSLY
VIOLATION
OF THE PURPOSE AND SPIRIT
OF OUR STATUTE
THE RULES AND REGULATIONS
PRESCRIBING
WHICH ARE
TO GOVERN THE PENITENTIARY
BOARD IN THE CONTROL AND
WORKING OF THEN TATE CONVICTS
VS JONES
261

SOUTHWESTERN

43

ARK

37

1924

SITUATION
INVOLVED

VS MABEY

PRICE

IN

UTAH

HELD

COURT

218

PAC

FOR THE

MANUFACLURER OF MANUFACTURING

AND THE

PURCHASE

THE

SUPERVISION

OF THE

CONTRACTING

OF

WARDEN

CONVICT

WRIT OF PROHIBITION
THE

AGREEMENT

STATC

BOARD

UTILIZATION

RULE

AND

286

THE

WHICH

MD

SHIRT

BY
IN

THE

STATE
ALL

STATE

OF

SHIRTS

PRISON

LABOR

UNDER THE

UTAH

COURT

THE

PRISON

THE

PROHIBITED

SUPREME

DEFENDANTS

LABOR

THE

GRANTED

FROM CARRYING

OUT

CO VS

DCEKY

PLAINTIFFS

OF

THE

BOARD OF

STATE

THE

WAS

CONSLTTULION

737

1922
CON

BY DEFENDANTS

ACT
CASES

ARE

NOT

MANY IN

UTILFLATION

CONCERNING ILLEGAL

STATED BY ONE LEGAJ

SUEDINETLY

UTAH

CASE

SEE BROMWELL BRUSH

ALTHOUGH THE
GENERAL

WITH

RESTRAINING

SIMILARLY

TORTINUS

STITUTED

LABOR

OF CHARITIES

ILLEGAL

THE

IN

EQUIPR

MANUFACTURER FROM

MANUFACTURED THEREIN

AND OVERALLS

1923

724

INSTALLATION

OVERALL

BY

INSTANT

TO THE

CONTRACT BY

VOID

WHICH PROVIDED

CORRECTIONS

SIMILAR

VERY

AUTHORITY

AS

THIS

AREA

OF CONVICT

THE

IS

LABOR

FELLOWS

TT SEEMS AGREED THAT
LESSEE OF CONVICT LABOR
WHO KNOWINGLY RECEIVES
THE SERVICES
OF
CON
VIOL
ILLEGALLY
COMPELLED TO PDRFONN SUCH LABOR
IS GUILTY
OF
FOR WHICH
TORT TOWARD SUCH CONVICT
HE IS LIABLE
41 AM JUR
908
THE
QUESTION

HAVE

AGREED

QUANTUM MERUIT
IN

VIOL ATION

RECEIVED
WILL

BY

RAI SO AN

THEORY
OF

THAT
WILL

WHICH HAVE

FEW CASES

RELATIVELY

AN ACTION
LIE

OF ASSURNPSIT

WHERE

PRISON

LABOR

LAW AND WHERE THE LABOR OF

CONTRACTOR THROUGH
IMPLICATION

OF

AN ILLEGAL

PROMISE

UPON

38

DISCUSSED
BASED UPON
IS

CONVICT
AGREEMENT
THE

THIS

BASIS

UTILIZED
HAS

BEEN

THE

LAW

OF

THE

TORT

SO COMMITTED

P1
LAST

AS

191EB
CITED

THE

BY

CASE

THE

AT

VS

CONTRACTOR
RHODE

PAGE

ISLAND

SALANT

THO

STATEDIN

CNURT

SUPREME

425

96

427

OF
CONVICT HAS BEEN RECEIVED
CONTRACT WHICH WAS ILLEGAL
CONTRACTOR UNDER
BY
TO MAKE THE CON
EITHER THROUGH WANT OF AUTHORITY
TO LABOR
VOID COMMITMENT
OR HOLDING
TRACT OR
IT
HAS BEEN
HAD
COMMITMENT
EXPIRED
AFTER
VALID
OF
RAISE
AN
IMPLICATION
HCLD THAT THO LAW WILL
COMMITTED
BASIS
OF
THE
TORT
SO
THE
PROMISE UPON
53 ARK
THUS IN GREER
CRITZ
BY THE CONTRACTOR
THE
THE
STATUTE
PLACED
MANAGEMENT
13
764
247
OF CONVICTS
UNDER THE
AND CONTROL AND THE HIRING
UNDER
COIW
OF THE COUNTY COURTS
JURISDICTION
TRACT WITH THE JUEGE OF THE COUNTY COURT IN VA
WAS DELIVERED
CATION
OF THE COURT THE CONVICT
HIS
AND WORKED
WORK
OUT
FINE
TO THE CONTRACTOR TO
THE COURT
UNDER
SAID
CONTRACT
FOR THE CONTRACTOR
GIVEN
BY
BET
THAT THERE WAS NO POWER OR AUTHORITY
TO THE JUDGE OF THE COUNTY COURT IN
THE STATUTE
CONTRACT FOR
VACATION OF SAID COURT TO MAKE
THAT PURPOSE WHICH CODID BE DONE ALONE BY THE
AND HELD THAT THE
ORDER OF THE COURT ITSELF
DEFENDANT
BEING
PARTY TO THE CONTRACT WAS BOUND
AND THAT AS HE
TO KNOW OF THIS TACK OF AUTHORITY
HE
BENEFIT
OF
THE
SERVICES
HAD THE
PLAINTIFFS
THEM
TO
FOR
WAS OBLIGED
PAY

WHERE THE

LABOR

8W

IN

GA

CONVICT

1910

WHOSE LABOR

BROUGHT SUIT

AUTHORITIES
TRACTOR

AFTER

HIS

SUPREME

COURT

HELD THAT

BEEN

DETENTION

TO YET

BENEFIT

THE

WRONG AND
THAT

THE

JOINT
ACT

OF

IT

SENTENCE
THE

LEASED

THE

HIS

HAD RUN

OUT

COURT

FURTHER

69

SF

CUT BY

THE

HEM

DEFENDANT

IF

BAD

THE

AND HE WAS COMPELLED TO WORK FOR
DETENTION

THEN

COTPJFLITTED

THE

WA

ILLEGAL

DEFENDANT WAS
THE

COURT STATED

BY ORDER

39

CON

THE GEORGIA

PEBITION
THAT

865

STATE

ON APPEAL

DEMURRER TO PLAINTIFFS

TORTFEASOR
WAS

HAD BEEN

FOR WORK PERFORMED FOR

WAS ILLEGAL

WHO KNEW THAT

DEFENDANT

FACT

LAWFUL

PROPERLY OVERRULED

TIFFS

CO VS GOINGS

CHATTABOOCHEE BRICK

PLAIN
THE

AND CONTINUED

PARTICIPANT
FURTHER

OF AN CXECNTTVE

THAT

OFFICER

IN
THE
OF

THE

DIDNT

STATE

LIABLE

BEING

MAKE

IT

AS THE

LAWFUL

THE

OR PREVENT

SUMMARIZUD AT PAGE

COURT

DEFENDANT FROM

867

TM

THE DETENTION
OF THE PLAINTIFF
BEYOND THE
TERM OF HIS
SENTENCE WAS AN ILLEGAL
OF
DEPRIVATION
HIS
AND HE WAS COMPELLED
LIBERISY
TO WORK FOR THE
AND THE LATTER
ZIENDANT
HJTHSENTENCE
KNOWIN
HAD TERMINATED AND THAT HIS DETENTION WAS ILLEGAL
CONTINUED TO FURNISH MAINTENANCE
TO RECEIVE
PHE
BENEFIT OF SUCH WRONG TO HAVE THE PLAINTIFF
UN
TO
WORK
FAIR
AND
TO
TAKE
IT
LAWFULLY
IN THE WRONG
PART CHEREVN IT WAS
DONE AND WAS
TORTTFEASOR WITH THE PITR
JOINT
CIPAL
CASES LIE WHO MALICIOUSLY
PROCURES AN HJURY TO BE DONE TO ANOTHER WHETHER
IT B4 AN ACTIONABLE
BREACH OF CONTRACT
WRONG OR
IS
JOINT
WRONGAOER AND MAY BE SLLCA EITHER
ALONE
OR JOINTLY
WITH THE ACTOR
CIV CODE 1895
SECTIONS
3853
ONE WHO AIDS ABETS OR
3873
OR ENCOURAGES OR DIRECTS
INCITES
BY CONDUCT
OR WORDS IN THE PERPETRATION OF
IS
TRESPASS
LIABLE
22 AM
EQUALLY WITH ACTUAL TRESPASSERS
ENE LAW 2ND EDJ 566 567
TN
ADD TORTS
WOODS
SECLION
IT IS SAID
WHOEVER
1321
ASSISTS
IN THE DOING OF AN UNLAWFUL
WILLFULLY
ACTI
BECOMES ANSWERABLE
FOR ALL THE CONSEQUENCES
OF SUCH ACT

TT

COWJ

WRONQDOE

ED

IN

SIMILARLY

MD
WITHOUT
THE

THE

1862

FORCED

ON THE

KNOW THE

STATE

THE

TORT

AND

AND

BENEFITING

MANCE
SUCH
THE

AND

THE

LABOR

IN

IT

FROM

IL

HELD

WHAT IT

IS

WORDS OF THE

AGAINST

HAD

TORT
AND

THAT

THE

THE

THE

IRNPL

WORTH AND

THE

OF

COURT AT PAGE

LESSEN

THE

442

40

DEFENDANT

ONE ACCEPTING

PLAINTIFF

COULD

WAIVE

PERSON

TITILIZING

HIS

ASSENT

TO ITS

PERFOR

AS

REASONABLE

BY

COURT

BY

TO THE

367

EMPLOYER WAS PRESUMED TO

THAT

TO HAVE

LAW

LEASED

COMMITTED

HELD

BECAUSE

WAS DEEMED

BEEN

IS

THAT

WAS FURTHER

ASSURNPSIT

COURT

PLAINTIFF

LABOR

PLAINTIFF

LAW

SUE

HIS

AM DEC

81

CONVICTED

PRISONER HAD BEEN

HEJD THAT

COURT

APPELLATE

LABOR

PLAINTIFF

JURISDICTION

VS PRIOR

PATTERSON

PROMISE

AFFIRMED

PLAINTIFFS

TO PAY

FOR

JUDGMENT

LABOR

LABOR

IN

FOR
THE

AT

THE TIME
THE APPELLEC WAS CONVICTOD AND
SENT TO THE PENITONTIARY
THE COURT OF COMMON
IN THAT BEHALF HENCE
HAD NO JURISDICTIOI
PLEAS
THE CONVICTION
AND JUDGMENT WORE NULLITIES
AND FURNISH APPE11ANT
NO PROLECBION FOR THE
HIM IN THE PENITEN
TORT COMMITTED IN CONFINING

TIARY

PATTERSP

MD

12

241

MUST

THE APPELLANTS
PRESUMED TO HAVE KNOWN
THE LAW AND THAT THEY HAD NO LEGAL RIGHT TO
THE APPEJIEE
OR CAUSE HIM TO LABOR
IMPRISON
TO HIM IN
THAT THEY MAY HAVE BEEN RESPONSIBLE
THEY UNDOUBTEDLY
SOME FORM CANNOT BE DOUBTED
COMMITTED
TORT AND THE QUESTION HERE IS
WHETHER THE TORT CAN BE WAIVED AND AN ACTION
WE WILL
MAINTAINOD EN AN IMPLIED
ASSUMPSIT
EXAMINE
THIS
SO
FAR
AS
IT RE
FIRST
QUESTION
LATOS TO PATTERSON
HE IT SEEMS WAS THE
LESSEE
OF THE PENILENTIARY
AND RECEIVED ALL
LABOR
HE MUST
THE B6NCTIT
OF THE APPELLANTS
BE PRESUMED TO HAVE ASSENTED TO THE PERFORMANCE
OF THE LABOR AND BEING BENEFITED
THEREBY
THE LAW IMPLIES
PROMISE TO PAY WHAT IT IS
TN OUR OPINION
SO FAR
REASONABLY WORTH
THE
TORT
AS PATTERSON IS CONCERNED
MAY BE
HE
MAINTAINED
AND
ACTION
ON THE
WAIVED
AN
IS
THE
EN
HOWEVER
IMPLIED
ASSUMPSIT
CASE
DIFFERENT AS TO MILLER
THE WARDEN OF THE
TIRELY
HE RECEIVED NO BENEFIT
OF THE
PENITENTIARY
LABOR AND NOT HAVING BEEN BENEFITED
PLAINTIFFS
TO SUPPORT
THERE IS
AS TO HIM NO CONSIDERATION
AN IMPLIED
ASSURNPSIT TO

PAY

TENN

ALSO

SEE

COAL

IRON

THE

INSTANT

CO VS

BUTLER

55

THOUGH

THE

SO

ALA

804

1914
IN
TIFFS
AS

ACT

WAS

WELL
IN

LABOR
THIS

AS

LEGAL

THE

CASE

MEMBERS OF

DEPRIVING

PROFIT

AGREEMENT AND THE

ACT

BASIS

DEFENDANTS

ACTIONABLE

OF

THE

ITT

SUCH

THEIR

UTILIZING

OF SAID

DRUG

COMPANES

KNOWN TO BE ILLEGAL

RULING

JUDGE GRANTED
ON TWO GROUNDS

41

SUMMARY
THE

PLAIN

TORTIONS

COMMITTED

BY PLAINTIFFS

DISTRIELCOURTS

DISTRICT

ON COUNT

MAKING PURPOSES

OF

DEPARTMENT OF CORRECTIONS

OF SUCH UTILIZATION

IS

THE

AS

DETENTION

OF PROPERTY BY ILLEGALLY

PLAINTIFFS

FORTHE PRIVATE

THE

THE MICHIGAN

DEPARTMENT OF CORRECTIONS

THE

BY DEFENDANT

EVEN

JUDGMENT

FIRST

WAS

TO

THAT

IN

HIS

RELEVANT

THE

OPINION

DUSTRIES

DO NOT

PLAINTIFF

MUST

PERSONS

CRIMINAL
CIVIL

BASE

ACTION

IS

NOT

NESS

INTERESTS

WAS INTENDED
THE

THREE

CLASS

THE

THREE
BE

CRITERIA
TO

INADEQUATE

TO BE PROTECTED

OF
HE CAN

WYANDOTTE

CITING

CO

WHICH

CRILERIA
IN

IMPLIED
THE

ARE

INSURE

THE

STATUTE

FOLLOWING

FULL

EFFECTIVE

THE

CLASS

THAT

STATUTE
TYPE

THE

THAT

STATUTE

FORESTALL

TO

IT

THE

BY

WITHIN

FALL

OCCURRED WAS OF THE

HAD

APPELLANTS

THOUGH

ACTION

OF

FORLH

THE PLAINTIFFS

OF

HARM THAT

WAS INTENDED
EVEN

IS

THAT

STATUTE

OF THE
THE

LIABILITY

AND

2L3A

SETS

THOSE

IN

PRISON

TO PROTECT BEFORE

DAMAGE ROMEDY WILL

CIVIL

EXPRESSED

CRIMINAL

1967

191

WYANDOLTE CASE

MUST BE MCT BEFORE
WHERE IT

US

389

WITHIN

VIOLATION

ON ITS

FOR DAMAGES

GOVERNING

DAMAGES

WAS INTENDED

STATUTE

THE

C1AI

TO

DEMONSTRATE HE FALLS

FIRST

STATES

UNITED

RISE

GIVE

STATUTES

MICHIGAN

SEEMS

DO NOT

THAT

ALL

SUCH STATUTORY

ON ANY

RELY
THOSE

CAUSE

ARE PRESENT

REQUIREMENTS

THIS

IN

CASE
FIRST
CRIMINAL

TIAL
QUATE

TO

ALL

ITS

IT

UNDER

LIABILITY

INSURE

ARRANGEMENT

OF

FBLL

THE

PATONTLY
PRISON

HERE

IS

CLEAR

THAT

INAUSTRIES

SS

EFFECTIVENO

QUESTIONED

BEING

IS

THE

PLAIN

VERY

THE

ACT

XS

EXISTENCE

PROOF OF

POTEN

MADE
OF

THE

THAT

IM7XIICU9TTNG

AND
TO NOTE THAT THRAUCGHOUK ALL OF THE PLEADINGS
IN THIS
CASE NEVER ONCE HAVE DEFENDANTS COUNSEL
IS
LAWFUL UNDER THE APPLICABLE
THE ARRANGEMENT

AROUMENTS
ASSERTED THAT
THE

MICHIGAN

STATUTES

THAT AN ATTEMPT
IT IS ALSO INTERESTING
BY
PRISONER
CONDUCT COMPLAINED OF THROUGH MANDEMUS WAS INEFFECTIVE
COURTS
BY THE MICHIGAN
MINK
ULDER

1967

VS
OF

PARKC

DAVISCCMJ

NOV 21
CORT

1966
DENIED 392

TOAVE

US

MICH

COURT OF

TO APPEAL
934

1968

42

TO HALT THE
AND DENIED

APPES NO 2684

DENIED

379

RICH

773

FURTHER
OF HARM THAT

TYPE

FINALLY

SEEMS

IT

THAT

STATED

THEY

THE

THE

LEAST

SOME PURPOSES

THEIR

DOES

BY

THE

IT

IF

EVEN

SUCH UTILIZATION

THE

PRISON

PART

LABOR

OF

OFFICIALS
ON

1LIANTL

FOR
DO

RIOT

LABOR

IN

SECOND

AGREE
OF THE

WITH

UNDER

THUS

ILLEGAL

THE

OF

VIOLA

WHERE

VIOLATION

MAY

CS

STATUTE

IS

DOES

EVIDENTIARY

DID

NOT

DEPRIVE

THEM

THE

COURT

BASED

LAWFULLY

LABOR

CONCLUSION

INCARCERATED
RELIED

GUNN

RIG

THE

REASONS

ALREADY

THIS

BROAD

STATEMENT

WAS ILLEGAL

OF ANY PROPERTY TO WHICH
THIS

AND HE

THE

COURTS DECISION

DISTRICT

OF PLAINTIFFS

BELONGS

SUING

COMMON LAW CAUSE

UTILIZATION

INMATES

ON

BY DEFENDANT DRUG

ACT

THE

VS

WITHIN

ACTION

OF

STATE

QUESTION

TO PROTECT

ARE

ACTION

ITS

GROUND OF THE

INMATES

FALL

OF AUTOMOBILES

OPERATION

HUT

IN

RELY

SITUATION

THE

LO

ACTION

NOL

CONDUCT IS

NEGLIQENCE

CAUSE

OF THE
EY

SIMILAR

OF

CAUSE

THEY WERE ENLITLED
THAT

IS

DO

PLAINTIFFS

OF

ALREADY

INTERESTS

WAS INTENDED

OF THE

THEIR

AND

REASONS

BUT RATHER

STATUTE

GOVERNING THE

OF THAT
THE

WAS THAT

THE

THAT

BREACH OF DUTY

ON AN CLEMENT

STATUTE

HE

EXACTLY

LEGISLATION

MAY APPELLANTS

ONE ELEMENT

EXIST

ESTABLISH

THE

HOWEVER VIOLATION

STATUTE

NF

TABLISH
NOT

STATED

THAT

ESTABLISHING

DON

AS IT

DOES ESTABLISH

COMPANIES

ACTION

THAT

THAT

LAW

COMMON

THE

OF THE

OF INTERESTS

OF ACTION

FOR

MAJOR CONCERN

THE

CAUE

INMATES

IS

TO FORESTALL

ARE

FOR AT

BE

OCCURRED

WAS INTENDED

STATUTE

TO PLAINTIFF

AND THAT
CLASS

HAS

HARM THAT

THE

ON THE

BELONGS

FOR

TO THE

BELIEF

THIS

BELIEF

IN

COMPANY SUPRA

STATET
OF

STATE

43

THE
OF

APPELLANTS

LAW

SIMPLY

MICHIGAN

RATHER
ONLY

THE
INSOFAR

AS

THAT

RIGHT

LABOR

OF

THE

HAS

INMATES

PRISON

INDUSTRIES

FRUITS

OF

THEIR
HAS

AUTHORITY

BEEN

NOT

RICES

ACT BUT
LABOR

IT

FROM THE

UNLESS

STATED THAT

FROM SECTION

COME

IT

RIGHT

IS

OF

RIGHT

OF

EVERY

TAKEN

LEGALLY

STATE

BY THE

REQUISITIONED

LEGALLY

LHE

MICHIGAN

PERSON

AWAY

THIS

TO THE

ONE

AS FOLLOWS

BEEN HELD THAT THE RIGHT OF
REPEATEDLY
LABORER TO ENTER INTO CONTRACTS FOR HIS
SERVICES IS PROPERTY WITHIN THE MEANING OF
THAT THE CONSTI
THE CONSTITUTIONAL
GUARANTIES
TO ACQUIRE
TUTIONA
OF EVERY MAN LAWFULLY
RIGHT
HAS

THE

EONLRACLS
INCLUDES
THE RIGHT
OF MAKING
SERVICES
OF
FOR PERSONAL
AS
MEANS
ACQUIRING
AND THAT EACH PERSON IS ENTITLED
TO
PROPETTY
MAKE SUCH CONTRACTS IN REFERENCE TO SUCH LAW
FUL BUSINESS OR OCCUPATION AS HO MAY CHOOSE
FREE FROM HINDRANCE OR OBSTRUCTION BY HIS
FELLOW MEN EXCEPT
FOR THE PROTECTION OF EQUAL
THE CONSU
OR SUPERIOR RIGHTS
ON THEIR PART
TUTIONAL
ALSO EMBRACES THE
TO LIBERTY
RIGHT
THE
RIGHT TO CONTRACT REGARDINR EMPLOYMENT
HANDS
WORKMAN
TO
USE
HIS
OF
FREELY
RIGHT
ARID
TO USE THEM FOR WHOM HE PLEASES UPON SUCH
TERMS AS HE MAY CHOOSE IS AN ABSOLUTE
RIGHT
OF WHICH HE CANNOT BE DEPRIVED
EVERY MAN MAY
ENGAGE TIC WORK FOR OR TO DEAL WITH OR TO REFUSE
TO WORK FOR OR TO DEAL WITH
NNY MAN OR CLASS
OF MEN AS HE SEES FIT
WHATEVER HIS MOLIVE OR
WITHOUT BEING HELD IN
THE RESULTING INJURY
ACCOUNTABLE
THEROFOR
LABORER THEN
ANY WAY
HAS
UNDER
THE
TO
FULL
FREEDOM
LAW
RIGHT
IN
DISPOSING OF HIS OWN LABOR ACCORDING TO HIS
AND AT TERMS AGREEABLE
TO HIM EXCEPT
OWN WILL
SO FAR AS THIS RIGHT
BY VALID
NAY BE RESTRICTED
ENACTED
IN
LHE
EXETEISE
OF
THE
STATUTES
POLICE
STATE
TO DIS
MOREOVER THE RIGHT
POWER OR
RECEIVED
UNDER CONLRACTS
POSE OF THE
OF LABOR IS
UNDER ORDINARY CIRCUMSTANCES
THE CONSTITUTIONA3
QUAR
PROPERTY RIGHT WITHIN
LABOR AND LABOR
AFLTIES
48 AM JUR 2D
PROF ARTY

COMPEN

RELATIONS
INSOFAR

AS

THE

BELIEVE

IT

IS

SEC

HUNTLEY CASE
IN

ERROR AND

PAGE

DEVIATES
IT

SHOULD

55

1970

FROM THIS
BE

NOTED

PRINCIPLE
THAT

THE

APPELLANTS
THEORY

OF

VI

CCA

KCQJ

COUNT

III

RAISED

OF

THE

OR ARGUED
IT

AMENDED
THE

IS

ADMITTED
THE

BY

KNOWINGLY ACCEPTED THE
STARITIAL

FASHION

ALSO

BENEFITED

WITH

AN ORIGINAL

AND WITH

USAGE

OF THE

PLICITNOSS
HAVING

KNOWIAGLY

PLAINTIFFS
OF THE

OF PRISON

LABOR

THE

AS

IN

FOR SUMMARY

JUDGMENT

FACTS

FOR SUMMARY

AS

NOTED

JUE4IMNT

AS

SAID

PLAIN

UTILIZA

FOR

THAT

OF

HUNDRED

FIFTY

LAW WITH

COMPANIES

OF

SUB

IN

THEIR

TWO BUILDINGS

THOUSAND DOLLARS

STATE

CONTRACLS

EX

BECAUSE OF THE

ALREADY

ACCRUING

THERE

TO SUCH

REGARD

DEFENDANTS

DETAILED

ABOVE

BENEFITS

THEREFROM IN
ARE

OF
THE

CASE
TO

RESPONSIBLE

PAY

THEREOF

TO COUNT

TO

AND

ACQUISITION

THIS

COURT

ABOVE

OF

REPLACEMENT COST TODAY

AS THOSE

VALUE

DISTRICT

LABOR

WHICH ACCRUCD

ACCEPTED THE DIRECT

ILLEGALLY
WELL

THE

THAT

LABOR

STATUTORY REFERENCES
AND

EVEN

DEPARTMENT OF CORRECTIONS

FIVE

OF THE

LABOR

REASONABLE
THE

DISPUTED

THE

BY

DEPARTMENT OF CORRECTIONS

PLAINTIFFS

FARTHER

OF THAT

MUCH BIGGER

CAN BE NO MISUNDERSTANDING
FOR THE

AND

OF ROUGHLY

UNDOUBTEDLY

CASE

ECONOMIC INTERESTS

SIGNIFICANTLY
COST

WAS NOT

DEPARTMENT OF CORRECTIONS

BENEFITS

TO THEIR

THIS

IN

MOREOVER THE MICHIGAN

SHAREHOLDERS

BEEN

THAT

BY DEFENDANT DRUG COMPANIES

TION

HEREIN

EUNTLEY CASE

IN

WAS FURNISHED

TIFFS

ISSUED

COMPLAINT

ERRED

III

IN
AND

PELLANTS

LIABILITY

ONLY

GRANTED

45

GRANTING DEFENDANTS
FURTHER
BELIEVE
UNDER

UNDER

THAT

THE

THEIR

COUNT III

MOTION

UN
NICLION

SHOULD

HAVE

IIL

DID

DTSTRTCT

THE

AS TO COUNT IV

CO1V
TO

NO DENIAL

SEEK

UNDER

THE

COUNT

BECAUSE

THE

APPELLANTS

THE

APPELLEES

COUNT TV

OF

AND

OF PJAINTIIFS

NO

NO

THEIR

RECOVERY FOR VIOLATION

THIRTEENTH

PROTECTED RIGLITS

YES

SAY
SAY

SUFFERED

ANSWERED

COURT

OF

AMENDED
THEIR

COMPLAINT

IN

PLAINTIFFS

COMPLAINT

PLAINTIFF

CONSTITUTIONAL

FOURTEENTH AMENDMENFRS

AMENDCI

TILE

CON

LABOR
THEY

OF FEDERALLY

DISTRICT

AMENDED

ASSUMTNG

EVEN

LAW

MICHIGAN

THE

UNDER
INTNATES

OF PLAINTIFFS

USE OF PLAINTIFFS

ILLEGAL

GRANTING

MOTTON FOR SUMMARY JUDGMENT

DEFENDANTS

TRM

ERR IN

COURT

RIGHTS

PARAGRAPH 10

OF

ALLEGED

ALL OF THE ACTS AND ACTIONS COMPLAINED
PLAINTIFFS
WERE ACCOMPLISHED BY THE
AND
AGREEMENT
COOPERA LION OF ALL THE DEFEN
NAMED
DANTS BOTH CORPORATE AND INDIVIDUAL
UTILIZATION
OF PLAIN
HEREIN AND THE ILLEGAL
TIFFS
LABOR INURED
TO THE BENEFIT
OF ALL
DEFENDANTS
CONSTITUTED
FURTHER
SAID ACTIONS
IN FACT OR IN LAW AN ATTEMPT
TO EVADE AVOID
AND VIOLATE
THE LAWS OF THE STATE OF MICHIGAN
THE
REGARDING
USE OF PRISON LABOR FOR PRIVATE
AND
THE
LAWS OF MICHIGAN AND THE UNITED
PROFIT
STATES
THE MINIMUM WAGE TO BE PAID
REGIALATING
FOR LABOR
OF BY

IN
ON COUNT

IV

THE

GRANTING

DISTRICT

DEFENDANTS

JUDGE

HELD

MOTION FOR SUMMARY

THAT

46

ASSUMING

JUDGMENT

DEFENDANTS

USED

PLAINTIFFS

LABQR
LAW IN

OF STALE

ON THE

OF

DIR

8TH

FROM THE
FRUITS

SERVITUDE

IN

BASIC

OF

HIS

1963

THAT

ASSUMPTION
OWN LABOR

EXTENT

THE

THAT

RIGHT

IS

IT

STATE

BY APPLICABLE

LAW

CONTAINED

ZATION

IN

SIQIER

VS TOWRIE

CONCLUSION

TO HIM

UNDER

DO NOT

659

BEGIN
TO THE

CONSITUTION

IS

HIM

THE

CUE AND GIVEN

TO THE

F2D

404

FOURTEENTH AMENDMENT EXCEPL

AWAY FROM

CARVED

AND

THE

VS RHAY

OF DRAPER

AN INDIVIDUAL

ALQNE

THE

PRIMARILY

APPELLANTS

OF

RIGHT

OF

CONNECTION WITH

AND

BELONGS

APPELLANTS

RELIED

COURE

COLOUR

NO DENIAL

CASES

THE

IS

SUFFERED

AMENDMENT IN

LAWFULLY TAKEN
IT

UNDER

ON THE

BELONGS

PART OF

AFTER

THE

ACTED

AND

THIS

REACHING

PROTECTED PROPERTY RIGHT

ALLY
TO

1968

THIRLEENTH

DR

9TH

193

HAVE

221A

RIGHTS

INVOLUNTARY

F2D

PLAINTIFFS

DOING

THE

OF

LANGUAGE

CLAIM
315

SO

PROTECTED

FEDERALLY

LAW AND

CONTRARY TO NICHIQAN

RESIDUE

TO THE

OF

STATE

PRISONER
WITH

DISAGREE

THE

BROAD

GENERALI

VS HAY SUPRA THAT

DRAPER

THERE IS

NO FEDERALLY
PROTECTED RIGHT
NOT TO WORK WHILE
PRISONER
EVEN THOUGH
IMPRISONED AFTER CONVICTION
THAT CONVICTION
IS
BEING APPEALED
OF

NOR DO THEY

ARGUE

RATHER

THE

THAN

STATE

THAT

COUNTY JAIL

PRISONERS

CONSTITUTIONAL

LAST

CASE

JUDGE

CITED

IREEMAN

WHEREIN

AT

IMPRISONED

BEING

NECESSARILY

RIGHTS

NOR DO THEY
PAGE

39

TAKE

OF HIS

IN

THE

STATE

INVOLVES

VIOLATION

WHICH ALSO WAS THE
ISSUE

WITH

THE

MEMORANDUM OPINION

PENITENTIARY

HOLDINTI

STATEMENT
IN

THIS

HE STATES

YET MEREJY BECAUSE PENAL OFFICIALS
HAVE TREALED
SLALE PRISONERS AL VARIAFICO
WITH TBE APPLICABLE
STATE LAW DOES NOT
IN ITSELF
CONSTITUTE
VIOLATION
OF THE
DUE PROCESS OR EQUAL PROTECTION RIGHTS
OF
THOSE PRISONERS
219A

47

OF
OF
OF

CASE

THE

THE

TROUBLE

WITH

CASE

THIS

TO COVER

PLAINTIFF

CASE

LAW AND

THAT

THAT

STATEMENT

IS

THAT

WHAT APPELLANTS

ARE

RESULT

AS

CONSTITUTIONALLY

OF

LABOR

AS THEY

LAWFULLY

TAKEN

AWAY FROM

WHERE TREATING

TREATMENT INVOLVED

AND

JUDGE

THEM

PROCESS DEPENDING

RIGHTS

VIOLATED

HOWEVER

SUPRA

VS

TIARY
THE

DID
STATE

NOB AOL

PRISON

OUT THAT

THAT

THE

IMPROPERLY

OF NEBRASKA

AND RETURN TO
TO POINT

FOUND

THE

VESTED CHARACTERISTICS

AT PAGE

FOR

HOWEVER
MONIES
TO

THE

THE

ARE MANY OTHER
STATE

LAW WOULD

ON THE

PARTICULAR

40

COURT

OF APPEALS

EXPENSES RESULTING
THAT

USED BY

THE

PRISONER

FOR

CASE

THE

PAY

TO

CLAIM

ACT

ESCAPE

COURT WAS CAREFUL

WARDEN HAD NEVER
STATING

FOR

REIMBURSE

FROM HIS

HOWEVER PROSPECTIVE CANCELLATION OF
CONDITIONAL
IN
GRANT ALTHOUGH SEEMINGLY
CONSISTENT WITH THE INTENT OF THE STATUTE
NEVERTHELESS NOT
OF
FED
DEPRIVATION
ERAL CONSTITUTIONAL
THE
RIGHT
STATUTORY
FOR CANCELLATION
MAKES EXPLICIT
PROVISION
THAT THE SPENDING
ACCOUNT NEVER TAKES ON
VESTED CHARACTERISTICS
AND ASSUMING THE
FUTURE CREDIT
PRISONERS CANCELLATION OF
VIOLATION
OF LHE STALULE
IS
THIS DOES
NOT PROPERLY
STATE
THE CIVIL
RIGHTS

THE

PENITEN

NEBRASKA STATE

PRISONERS

TAKING

IN

BEEN

HAS

220A

WARDEN OF

CERTAIN

IT

FOR
AT ITS REASON
OF SUCH
FUNDA
RIGHT
SIGLER

LOWRIE

IN

THAT

TO DISPOSE

PAY PLAINTIFFS

TO

661

AT

DEPRIVED

CLINICS
DENIAL

CONSTITUTIONAL

IN
CIRCUIT

WITH

BEEN

RIGHT

EXTENT

OF DUO

FAILURE

EIGHTH

THE

THERE

AT VARIANCE

THEIR
LABOR IN THE
ABLE VALUE IS NOT

LOWRIE

THE

OBVIOUSLY

FREEMAN STATED

MENTAL

NAMELY
TO

PLEASE

PRISONERS

VIOLATION

CONSTITUTE

R4

THIS

WITH STATE

HAVE

THEY

IN

THAT

AT VARIANCE

TREATMENT

PROTECTED

OF THEIR

CASES

OF THAT

IS

SAYING

BEEN TREATED

HAVE

INMATES

DOESNT GO FAR ENOUGH

IT

RELIEF

UNDER

TAKEN

ON

IT

IS

TRUE

THAT THE ATTORNEY GENERAL
THAT THE WARDEN DID NOT CANCEL
THE CREDIT
BUT ACTUALLY
FINED
THE PRISONER
HOWEVER WO FEEL IN VIEW OF THE FACT THAT
THE PRISONERS VESTED INTERESTS
ARE NOT IN
VALVED THE EFFECT OF THE WARDENS ACTION IS
TO FINE
THE PRISONER BY MERELY CANCELLING
HIS CONDITIONAL
CREDIT
AS TO THE PLANE
EXPENSE NO MONEY EXCHANGES HANDS IT IS
BOOKKEEPING CREDIT ONLY WHICH IS CANCELLED
IN THIS
INSTANCE IT IS NAIT THE CHOICE OF
WORDS BUT THE MEASURED ACTION
INDUCED
WHICH
BECOMES RELEVANT
WHEN SUCH ACTION FAILS
TO
ENCROACH UPON FEDERAL RIGHTS AN ESSENTIAL
IS
INGREDIENT OF OUR JURISDICTION
MISSING

STIPULATED

THE

COURT CLEARLY

THE

PRISONER

TO

SEEMED

AN ABSOLUTE

TIFF
OWN

INMATES

LABOR

IN

AND

VS
519

2D

HAS

NOT

JUDGMENT

PLAINT

HAS
390

WASHINGTON

CIR

1967

OF WHETHER THE

PRISONER

FURTHER
IT

ILLEGALLY

DONE
FOR

SO

HAS

IN

DISTRICT

EXTENT

THEIR

333

378

US

STATE

COURT

DEFENDANTS AS TO COUNT IV

BY THE

OF

IN

THEIR

FEDERAL

THEM

DEPRIVES

RIGHTS

F2D

NCMANN 389

1964

546
OF

THE

OF MICHIGAN

ERRED

OF

CONSTITUTIONAL

ALL

PLAIN

THAT

FRUITS

STATE

WRIGHT

POWER TO TAKE
THE

CLAIM

GIVEN
THE

THE

TO

CONSTITUTIONAL

TO THE

FEDERAL

19687

LAW HAD GIVEN

VESTED RIGHT

APPELLANTS

LAW BUT

THE

VS PATE

THE

OWN LABOR
THE

TO

STATE

HIS

VESTCD RIGHT

ACLATED

US

IS

BY STATE

THAT

COO

STATE

TO HIS

GIVEN

THE

RIGHT

IT

HAVE

CASE
NOT

RIGHT

CONSTITUTION
OF IT

THIS

IF

MONEY OR

CONDITIONAL

BEEN VIOLATED

WOULD HAVE

THAT

THE

TO

RIGHT

MONEY AS OPPOSED TO ONLY
RIGHTS

INDICATE

GRANTIN

PLAINTIFFS

REGARDLESS

RIGHTS
THE

OF

LEGISLATURE

SURUFFLALY

AMENDED

COM

CONCLUSION

APPELLANTS
THE

ORDER

TAINED

DISTRIOL

ON ALL

COURT

ACTION

BLISS

AS

FENDANTS

THE

OF

AND GRANTING

ASK

TO SUMMARY

JUDGMENT AS TO LIABILITY

OR IN
COUNTS

THIS
THE

CASE

TO THE

ALTERNATIVE

OF THE

COURT

TO

RIND

APPELLANTS

REMAND

THIS

OF PLAINTIFFS

COUNTS
THIS

THAT

DISTRICT

TO REMAND

SUMMARY

BE

MAIN

JUDGMENT

TO

DE

COMPLAINT

PLAINTIFFS

ONLY
COURT

CANNOT

ACLION

AMENDED

THAT

THE

COURT TO REVERSE

ASK THIS

THEREFORE

UNDER

FOR

CASE

ARC

COUNT

TRIAL

FOR

FURTHER

ENTITLED
AND

III

TO

ON DAMAGES

ONLY

ON ALL

FOUR

TRIAL

AMENDED COMP1AINT

RESPECTFULLY

SUBMITTED

DEAN DEAN

BY

ROBERT
1616

FLINT

SEGAR

HART

S4I4

GENESEE

TOWERS BLDG
48502

MICHIGAN

ATTORNEY FOR APPELLANTS

50

PC

ADDENDUM CONTAINING
PROVISTONS

THE
STATES

CODE WHICH

PROVISIONS
ARE

AND RULES

TITLES

OF

IN

INVOLVED

STATUTORY

RELEVANT

18

AND

29

ROXVANT PART

THE

OF
ARE

UNITED

FO11OWS

AS

IN
INTERSTATE
WHOEVER KNOWINGLY TRANSPORTS
COMMERCE OR FROII ANY ROREIGN COUNTRY INTO THE
UNITED STAKES ANY GOODS WARES OR
MANUFACTURED
PRODUCED OR MINED WHOLLY OR IN
CONVICTS
OR PRISONERS
EXCEPT CONVICTS
PART BY
OR IN ANY
OR PRISONERS ON PAROLE OR PROBATION
SHALL
BE
PENAL OR REFORMATORY INSTITUTION
FINED
NOT MORE THAN 1000
OR IMPRISONED NOT

MORCH

MORE

THAN

ONE

THIS

CHAPTER

YEAR

OR

SHALL

BOTH
NOT

APPLY

TO

AGRI

CULTURAL COMMODITIES
OR PARTS FOR THE REPAIR
OF FARM MACHINERY
NOR TO COMMODITIES MAIM
FACTURED IN
DISTRICT
OF COLUMBIA
FEDERAL
FOR USE BY THE FEDERAL
OR STATE INSTITUTION
OF COLUMBIA
GOVERNMENT OR BY THE JITRICT
OR BY

STATE

ANY

STATE

18

OR POLITICAL

USC

SUBDIVISION

OF

SEE 1761

INCLUDES
ANY PERSON ACTING
OF AN
IN
THE INTERESL
OR
INDIREELLY
DIRECT3Y
TO AN EMPLOYEE BUT SHALL
EMPLOYER IN RELATION
NOT INCLUDE
THE UNITED STATES OR ANY STATE OR
SUBDIVISION
OF
STATE
POLITICAL
EXCEPL WILZH
OF
TO EMPLOYEES
POLITICAL
RESPECT
STATE OR
SUBDIVISION
HOSPITAL
THEREOF EMPLOYED CL IN
OR SCHOOL REFERRED TO IN THE LAST
INSTITUTION
SENTENCE OF SUBSECTION
OF THIS
SECLION
OR
IN THE OPERATION
OF
OR CARRIER
RAILWAY
REFERRED TO IN SUCH SENTENCE
OR ANY LABOR
OTHER THAN WHEN ACTING AS AN
OTGANIZATION
OR ANYONE ACTING
IN
THE CAPACITY
EMPLOYER
OF OFFICER OR AGENT OF 5UCH LABOR ORGANIZATION

EMPLOYER

EMPLOYEE INCLUDES ANY INDIVIDUAL
LHAL SUCH LERM
BY AN EMPLOYNR
EXCEPL
FOR THE PURPOSES OF SUBSECTIEN
CU OF
INCLUDE

51

EMPLOYED
SHALL XIOT
THIS SECTION

INDIVIDUAL

EMPLOYED BY AN EMPLOYER
IF SUCH INDIVIDUAL
IN
ENGAGED
AGRICULKURE
IS THE PARENT SPOUSE CHILD
OR OTHER
MEMBER OF THE EMPLOYERS INWIEDIATE
FAMILY
OR
WHO IS EMPLOYED BY AN
ANY INDIVIDUAL
INDIVIDUAL
IS EMPLOYED AS
HAND HARVEST
LABORER AND IS PAID ON
RATE BASIS
PIECE
IN AN OPERATION WHICH HAS BEEN AND IS CUS
RECOGNIZED AS HAVING
TOMARILY AND GENERALLY
BASIS
IN THE
RATE
BEEN PAID ON
PIECE
OF
COMMUTES
FROM
13
DAILY
REGION
EMPLOYMENT
HIS PERMANENT RESIDENCE
TO THE FARM ON WHICH
HE IS EMPLOYED AND
HAS BEEN EMPLOYED IN
WEEKS DURING
AGRICULTURE LESS THAN THIRTEEN
THE PRECEDING CALENDAR YEAR
ANY

EMPLOY INCLUDES TO SUFFER OR PCRMT
29 USC
SEC 203 CD CE

WORK

OF TITLE

PROVISIONS
STATULES

ANNOTATED WHICH

ARE

AND

17

IN

INVOLVED

TITLE

28

RELEVANT

OF

THE

PART

TO

MICHIGAN
ARE

AS

FOLLOWS

DEFINITIONS

AS USED

EMPLOYEE MEANS
AGES OF 18 AND
ON THE PREMISES
SITE
DESIGNALED

IN

AN

YEARS

THIS

ACT

INDIVIDUAL
BETWEEN THE
EMPLOYED BY AN EMPLOYER
FIZED
EMPLOYER OR AT

OF THE
BY THE EMPLOYER
EMPLOYER MEANS ANY PERSON FIRM OR CORPOR
SUB
THE STATE AND ITS POLITICAL
ATION INCIUDING
AND
INSTRUMENTALITIES
AND
DIVISIONS
AGENCIES
ANY
IN THE INTEREST
OF SUCH EMPLOYER WHO
PERSON ACTING
CR MORE EMPLOYEES AT ANY ONE TIME WITHIN
EMPLOYS
SUCH EMPLOYER SHALL BE SUBJECT
ANY CALENDAR YEAR
TO THIS
ACT DURING
THE REMAANDOR OF SUCH CALENDAR

YEAR
LMPLOY

TO

WORK

MEANS

17255

TO

ENGAGE SUFFER

MSA

OR PEINTIT

NIECE
RATE SCALES
THE PROVISIONS
OF THIS
ACT SHALL NOL APPLY TO ANY EMPLOYER WHO
IS SUBJECT TO THE MINIMUM WAGE PROVISIONS
OF THE
FAIR
AS
FEDERAL
LABOR STANDARDS
ACT OF 1938
AMENDED
EXCEPT IN ANY CASE WHERE APPLICATION
OF SUCH MINIMUM WAGE PROVISIONS
WOULD RESULT IN
LOWER MINIMUM WAGE THAN PROVIDED IN THIS
ACT
OR
NOT
TO PERSONS EMPLOYED
IN
SUMMER CAMPS
OR
MORE
THAN
MONTHS OR TO AGNCUTTURAI FRUIT GROWERS

EXEMPTIONS

52

GROWERS AND TOMATO GROWERS OR OTHER
AGRICULTURAL EMPLOYERS WHO TRADITIONALLY
CONTRACT FOR HUE HARVESTING ON
PIECEWORK
AS TO THOSE EMPLOYEES OF SUCH EMPLOYERS
BASIS
THE BOARD SHALL
USED FOR SUCH HARVC5TING UNTIL
SUFFICIENT
DATA TO DETERMINE AN ADE
HAVE ACQUIRED
ESTABLISHMENT
OF
SCALE OF PIECE
FOR THE
QUATE BASIS
SHALL
DETERMINE
SUCH
SCALE
WORK AND
EQUIVALENT
MINIMUM WAGE FOR SUCH EMPLOY
TO THE PREVAILING
SHALL OCCUR NO THUER
WHICH DETERMINATION
INENT
PICKLE

THAN MAY
SUCH PIECE
RATE SCALE SHALL
J957
BE EQUIVALENT
TO THE MINI MUM HOURLY WAGE
OF PRODUCTION
IN THAT WHEN THE PAYNLERIL BY UNIT
AND
TO
WORKER OF AVERAGE ABILITY
IS APPLIED
IN HARVESTING
PARTICULAR COMMODITY
DILIGENCE
HE SHALL RECEIVE
AN AMOUNT NOT LESS LHAN THE

HOURLY MINIMUM

WAGO

172

55

14

MSA

SAME

UNLAWFUL SALES OF PRISON PRODUC LS OR LABOR
FROM AND AFTER 60 DAYS AFTER
EXCEPTIONS
PRICES
SHALL BE UNLAWFUL
TO
THIS
ACT SHALL BECOME LAW IT
SELL OR EXCHANGE OR TO OFFER FOR SALE OR EXCHANGE
OR TO PURCHASE ANY PRISON PRODUCTS
EXCEPT PURE
BRED LIVESTOCK RAISED
ON THE SEVERAL PRISON FARMS
AND SOLD FOR BREEDING PURPOSES OTHERWISE THAN FOR
CHARITABLE
ANDOR
USE OR CONSUMPTION IN THE PENAL
STATE OR FOR
OF THIS
OTHER CUSTODIAL INSTITUTIONS
SUBDIVISIONS
DEPARTMENTS OF THIS STATE OR POLITICAL
OR THE FEDERAL
THEREOF
GOVERNMENT OR AGENCIES
PROVIDED
THEREOF OR OTHERWISE AS SPECIFICALLY

ACT

BE
LABOR OF PRISONERS
CONTRACTED
FOR
OR
SOLD HIRED
LEASED
LOANED
ETHERWISE USED FOR PRIVATE
OR CORPORATE PRORITOR
FOR ANY OTHER PURPOSE THAN THE CONSTRUCTION MAINTENANCE
OR OPERATION OF PUBLIC WORKS WAYS OR PROPERTY AS
DIRECTED BY THE GOVERNOR EXCEPT THAT THE PRISONERS
OF
COUNTY OR OF
CITY MAY BE USED ON THE PUBLIC
WORKS WAYS OR PROPERTY OF SAID COUNTY OR CITY AS
THEREOF
DIRECTED BY THE CONS LITUTED
AUTHORITY
THAT
IN
THIS
ACT
SHALT
BE DEEMED
PROVIDED
NOTHING
OF
ARTICLC
MADE
TO PROHIBIT
THE SALE
RETAIL
THEMSELVES
BENEFIT
OF
FOR
THE
BY PRISONERS
PERSONAL
OR THEIR
DEPENDENTS OR THE PAYMENT TO PRISONERS FOR
RENDERED IN THE PENAL INSTITUTION
PERSONAL SERVICES
TO REGULALIONS APPROVED BY THE PRISON
SUBJECT
SALE OF PURCHIA
OR THE MANUFACTURE
COMMISSION
OF BINDER
TWINE ROPE AND CORDAGE USED IN AGRICULTURAL
IN

THIS

NOR

SHALL

THE

53

THAT IN NO CASE SHALL
PRODUCTION
PROVIDED
PRISON PRODUCTS BE SOLD OR OFFERED FOR SALE
AT
BELOW COST OF PRODUCTION WHICH
PRICE
COST OF PRODUCTION SHALL INCLUDE
MATERIALS
DISLRIBUTION
AND SELLING
LABOR SUPERVISION
HEATS LIGHT
ROWER AND
CONNECTED THEREWITH

INTENT
THE

OF
INTENT

ACT
OF

IT
THIS

REGULAR DIVERSIFIED

IS

ALL

CEHER

281525

ANY

EXPENSES
NSA

DECLARED TO BE
TO PROVIDE
ADEGUALE
AND SUITABLE
EMPLOYMENT
STATE
CONSISTENT
WITH
HEREBY

EEL

FOR PRISONERS OF THE
PROPER PENAL PURPOSES
TO UTIJIZO
THE LABOR OF PISORIER
CX
FOR
SELFMAINTENANCE
AND FOR REIM
OJUSIVELY
BURSING THE STATE FOR EXPENSES INCURRED BY
REASON OF THEIR
CRIMES
ANCT IMPRISONMENT
ALL COMPETITIVE
CC TO ELIMINATE
RELATIONSHIPS
BETWEEN PRISONER LABOR OR PRISON PRODUCTS AND
FREE LABOR OR PRIVATE
INDUSTRY
AND DISBURSE
CD TO EFFECT THE REQUISITIONING
MENT OF PRISONER LABOR AND PRISON PRODUCTS DIRECTLY
STATE AUTHORITIES
WITH NO
THROUGH ESTABLISH6D
OF
THEREFROM
AND
POSSIBILITY
PRIVATE
PROFITS
WITH THE MINIMUM OF INTERMEDIATING
FINANCIAL
CONSIDERATIONS
OR EXPENDITURES
APPRTPRIATIONS
AND
THE

TO THESE

ENDS

THE STATE PURCHASING
GOVERNOR SHAJI
REQUIRE
SUITABLE
AGENT OR HIS SUCCESSOR TO ESTABLISH
METHODS OF PURCHASING AND OF ACCOUNTING WHICH
SHALL PRCVIDE AS MAY BE NECCTSSARY OR ADVISABLE
FOR THE PURCHASING ARID
SUPPLY ON ACCOUNT OF
THE CONSUMING INDTITUTIONS
ANDOR DEPARTMENTS
OF SUPPLIES
AND
SEPARATELY OR COLLECTIVELY
MATERIALS NECESSCR FOR THE PRISON MANUFACTURE
OR PRODUCTION OF THE PRISON
PRODUCTS ROQUISI
TIONED
THOREFOR IN ACCORDANCE WITH SECTIONS
FOUR
FIVE
AND SIX
OF THIS ACT
FOR CREDITING
ACCOUNTS
AND DEBITING
PRISON
ACCOUNTS OF DONSURNING INSTITUTIONS
OR DEPARTMENTS
FOR PRECINCTS REQUISITIONED
AND DISBURSED
AT
FIZED
TO INDICATE
THE TRUE COSTS
PRICES
FAIRLY
OF MALNTENAFLEE AND EFFICIENCY
OF MANAGEMENT OF
SAID
AND DEPARTMHRTT
PRISONS INSTITUTIONS
PROVIDED THAT SAID PRCSNS OF THE REQUISITIONING
OR DISBURSEMENT OF SAID PRISON PRODUCTS
SHALL
IN NO CASE BE DETERMINED BY OR CONTINGENT UPON
FROM OTHER SOURCES
COMPETITIVE
BIDDING

54

FOR

THE

OR
PURCHASE OF ALL COMMODITIES
OTHER
THAN
REQUIREMENTS
PRISON PRODUCTS AS
PROVIDED FOR IN THIS ACT BY COMPETITIVE
BIDDING OR OTHER METHODS ESTABLISHED BY
LAW OR APPROVED PRACLICE
THAT
PROVIDED
NO BIDS MAY BE ASKED OR RECEIVED
EXCEPT FOR
WHICH IT HAS BOON DO
COMMODITY REGUIRCIUCRITS
DECIDED
SHALL NOT BE SUPPLIED
FINITELY
BY RE
OF PRISON
GUISITIONING
PRODUCTS AS HEREINBEFORE

281530

PROVIDED

MSA

PRISONER ON PAROLE LEGAL CUSTODY WARRANT FOR
RELURN PAROLE VIOLATORS
AS ESCAPED PRISONERS
FORFEITURE
OF GOOD TIME
CONVICTION
AND SENTENCE
FOR CRIME CCFLNMI TTECL ON PAROLE TREATMENT AS TO
LASTINCORRED
SEC 38
TERM PAROLE AS PERMIT

PAROLESHALL REMAIN IN THE
AND UNDER THE CONTROL OF THE
COMMISSION
THE ASSISTANT DIRECTOR
OF THE
BUREAU OF PARDONS AND PAROLES IS HEREBY AU
AT ANY TIME IN HIS
DISCRETION
AND
THORIZED
OF PAROLE
UPON
SHOWING OF PROBABLE VIOLATION
TO ISSUE
WARRANT FOR THE RETURN OF ANY PAROLED
IN THE STATE
PRISONER TO ANY PENAL INSTITUTION
UNDER THE CONTROL OF THE C4OITMJSSION
PENDING
HEARINGUPON ANY CHARGE OF PAROLE VIOLATION
THE PRISONER SHALL REMAIN INCARCERATED JN
SUCH PENAL INSTITUTION
EVERY PRVSONOR ON
LEGAL

CUSTODY

THE PROVISIONS
OF HIS
FOR WHOSE RETURN
WARRANL HAS BEEN
ISSUED BY THE ASSISTANT DIRECTOR OF THE BUREAU
OF PARDONS AND PAROLES SHALL
AFTER THE ISSUANCE
OF SUCH WARRANT BE TREAFED AS AN ESCAPED PRISONER
TO THE STATE
AND SHALL BE LIABLE
OWING SERVICE
WHEN ARRESTED
TO SERVE OUT THE UNEXPIRED PORTION
OF HIS
AND THE TIME FROM
IMPRISONMENT
THE DATE
TO THE
THE DECLARED VIOLATION
DATE OF HISAVAILABILITY
FOR RETURN TO ANY
UNDER THE CONTROL OF THE
PENAL INSTITUTION
SHALL NOL BE COUNLED AS ANY PART
COMMISSION
OR PORTION OF THE TIME TO BE
THE
WARRANT OF THE ASSISTANT
DIRECTOR
OF THE
BUREAU OF PARDONS AND PAROLES SHALL BE
SUFFI
CIENT WARRANT AUTHORIZING
ALL OFFICERS
NAMED
THEREIN
TODETAIN THE PAROLED PRISONER IN
OF THE STATE UNTIL
HIS RETURN TO ANY
ANY JAIL
UNDER THE CONTROL OF THE
PENAL INSTITUTION
COMMSSJON CAN BE EFFECTED

PRISONER

PAROLE

VIOLATING

AND

MA
OF

SER

55

TO RETURN TO
PRISONER SHALL FAIL
ANY PAROLED
ENCLOSURE WHEN REQUIRED BY WE
PRISON
ASSISTANT DIRECTOR OF THE BUREAU OF PARDONS
AND PAROLES OR IF HE MAKES ESCAPE WHILE ON
PAROLE HC SHALL BE TREALED IN ALL RESPECLS
AS IF
HE HAD ESCAPED FROM EHC PRISON
ENCLOSURE
AND SHALL BE SUBJECT TO BE RETAKEN AS PRO
VIDED BY THE LAWS OF THIS STATE
THE

IIL

THE PAROLE BOARD IN ITS
DISCRETION
MAY
TO THE
CAUSE THE FORFEITURE OF ALL GOOD TIME
DATE OF THE DECLAREDVIOLATION
CRIME WHILE AT LARGE
COMMITTING
CONVICTED
AND SENTENCED
UPON PAROLE AND BEING
THEREFBR SHALL BE TREATED AS TO THE LAST INCURRED
TERM AS PROVIDED UNDER SECTION
34

ANY PRISONER

PAROLE GRANTED
PRISONER SHALL BE CONSTRUED
AS
SIMPLY
PERMIT TO SUCH PRXSONER TO GO WITH
OUT THE ENCLOSURE OF THE PRISON
AND NOT AS
AND WHILE
SO AT LARGE HE SHALL BE
RELEASE
DEEMED TO BE STILL
OUT THE SENTENCE
SERVING
IMPOSED UPON HIM BY THE COURT AND SHALL BE
ENTITLED TO GOOD TIME THE SAME AS IF HE WORE
CONFINED IN PRISON
282308

NSA

THE
RULES
ARE AS

OF CIVIL

PROVISIONS

OF RULES

AND 23

PROCEDURE WHICH ARE INVOLVED

IN

OF THE
RELEVANT

FEDERAL

PART

FOLLOWST
FORM OF DENIALS
DEFENSES
PARTY SHALL
STATE IN SHORT AND PLAIN
TERMS HIS DEFENSE TO
EACH CLAIM
ASSERTED AND SHALL ADMIT OR DENY
THE AVERMENTS
UPON WHICH THE ADVERSE PARLY RELIES
IF HE IS WITHOUT KNOWLEDGE OR INFORMATION SUFFI
CIENT
TO FORM
BELIEF
AS TO THE TRUTH OF AN
AVERMENT HE SHALL SO STATE ANA THIS HAS THE
EFFECT
OF
DENIAL
DENIALS
SHALL FAIRLY
MEET
THE SUBSTANCE
OF THE AVERMENTS
WHEN
DENIED
IN GOOD FAITH
PLEADER INTENDS
TO DENY ONLY
OF AN AVERMENT
HE
PART OR
GUALIFICALION
SHALL
SO MUCH OF IT AS IS TRUE AND
SPECIFY
MATERIAL AND SHATJ T3ENY ONLY THE REMAINDER
UN
LESS THE RILEADER INTENDS
IN GOOD FAITH
TO CENTRE
VERT ALL THE AVERMENTS OF THE PRECEDING PLEADING
HE MAY MAKE HIS DENIALS
AS SPECIFIC
DENIALS
OF
DESIGNATED AVERMENTS OR PARAGRAPHS OR HE MAY
GENERALLY DENY ALL THE AVERMENTS EXCEPT SUCH

56

HO
DESIGNATED AVERRAE OR PARAGRAPHS AS
INTND
EXPRESSLY ADRNIS HOH WHEN HO DOES SO
AVORMENTS INCLUDING
TO CONTROVERT ALL ITS

OF THE GROUNDS UPON WHTCH THE
COURT
DEPENDS HO MAY DO SO BY
JURISDICTION
SET
TO THE OBLIGATIONS
SUBJECT
GENERAL DENIAL
RULE
28
FORTH IN RULE 112
AVERMENTS

FRC

ONE OR MORE
CLASS ACTTON
TO
PREREQUISITES
CLASS MAY SUE OR BE SUED AS RE
MEMBERS BF
ON BEHALF OF ALL ONLY IF
PRESENTATIVE PARTIES
OF
THE CLASS IS SO NUMEROUS THAL JOINDER
THERE ARE
NEMBERS IS IMPRACTICABLE
THE CLASS
TO
QUESTIONS OF LAW OR FACT COMMON
OF
THE
REPRESEN
THE CLAIMS
OR DEFENSES
OF THE CLATHS OR
ARE TYPICAL
TATIVE
PARTIES
THE ROPRESEFLTA
OF THE CLASS AND
DEFENSES
AND
PROTECT
WILL
ADEQUATELY
FAIRLY
TIVE
PARTIES
THE
CLASS
28
OF
THE INTERESTS
RULE 23
ALL

FRC

SUPP

57