Letter from Roumell to Opposing Counsel RE Copy of Preliminary Injunction and Request for Statement

    W A L L A C E  D.  R I L E Y  

G E O R G E  T. R O U M E L L ,  J R .  

D O R O T H Y  C O M S T O C K  R I L E Y  

J A N E  K E L L E R  S O U R I S  

L O U I S  D.  B E E R  

K. P A U L  Z O S E L  

E M M E T  E.  T R A C Y ,  J R .  

T E R E N C E  V. P A G E  

T. P A T R I C K  F R E Y D L  

R U S S  E. B O L T Z  

J O H N  W. F R A S C O

#
Ri ley  a n d  Ro u m e l l

A T T O R N E Y S  A N D  C O U N S E L O R S  A T  LAW  

7 t_h F L O O R  F O R D  B U I L D I N G  

D E T R O I T ,  M I C H I G A N  4 8 2 2 6

February 5, 1973

T E L E P H O N E  

( 3 1 3 ) 9  6 2 - 8 2 5 5

Honorable William G. Milliken 
Governor of the State of Michigan 
State Capitol 
Lansing, Michigan 48901
Honorable Frank J. Kelley 
Attorney General 
Seven Story Building 
525 West Ottawa 
Lansing, Michigan 48913
Dr. John W. Porter 
Superintendent of Public Instruct 
Michigan National Tower 
Box 420
Lansing, Michigan 48902

Mr. Allison Green 
State Treasurer 
Treasury Building 
Lansing, Michigan 48922
State Board of Education 
520 Michigan National 

ion Tower 
Box 420
Lansing, Michigan 48902

Re: Bradley v. Milliken
Gentlemen:

As you know, I am the attorney for the Detroit Board 
of Education in the above matter.

On July 7, 1972, the Honorable Stephen J. Roth, United 
States District Court Judge of the Eastern District of Michigan, 
issued a Preliminary Injunction directed not only to the Detroit 
Board of Education, but also to the Governor of the State of 
Michigan, the Attorney General of the State of Michigan, the 
Superintendent of Public Instruction of Michigan, the State Board 
of Education of Michigan and the Treasurer of the State of 
Michigan. The Injunction enjoined the just-named State officials, 
"from reducing, or causing or requiring the reduction of the 
number of school days for students in the school system of the 
City of Detroit to less than 180 days for the fiscal and academic 
year 1972-73, such days to be of not less than the daily number 
of hours provided during the 1971-72 fiscal and academic year."



R i l e y  a n d  R o u m e l l

Honorable Willi^^G. Milliken 
Honorable Frank J. Kelley 
Mr. Allison Green 
Dr. John W. Porter 
State Board of Education • 2 - February 5, 1973

For your convenience, we are enclosing a copy of said 
Preliminary Injunction. This Injunction is equally enforceable 
against State officers, including the Governor. We further 
point out that no existing stay applies to this Injunction. The 
Court of Appeals has made this clear.

Therefore, we request, as the attorneys for the Detroit 
Board of Education, a statement from you, individually, or through 
your attorneys, so we may be in a position to advise the Court 
as to your proposal to comply with the Preliminary Injunction.
We are willing to meet at any time to discuss ways and means by 
which all parties can comply with the Injunction. We await 
your pleasure in this regard.

It is common knowledge that the Detroit Board of Education 
is now without funds to operate beyond March 15, 1973. If the 
schools close at that time, or shortly thereafter, we point out 
that the .Governor, the Attorney General, the Superintendent of 
Public^Instruction, the State Treasurer and the State Board of 
Education will be in contempt of court. Thus, we believe it is 
urgent that you make plans to avoid this. We, therefore, renew 
our request and offer made above.

Very truly yours,

GR:L 
E n d s .

of Education

lebrge T. Ttoumell, Jr. 
Attorneys for Detroit Board



UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF iMICHIGAN 

SOUTHERN DIVISION

RONALD BRADLEY, et al., )
, Plaintiffs )

v. )
W ILLIAM  G. M ILLIKEN, et al., )

Defendants )
and )

D E T R O IT  FEDERATION OF TEACH- ) C IV IL  ACTION 
ERS, LO CAL 231, AM ERICAN FEDERA- ) NO: 35257 
TIO N  OF TEACHERS, AFL-CIO, )

Defendant- )
Intervenor )

and )
DENISE MAGDOWSKI, et al., )

Defendants- )
et al. Intervenor )

PR E LIM IN AR Y INJUNCTION

A t a session o f said Court held in the Federal Building, City o f
Detroit, County o f  Wayne, on the 30th day o f JUNE, A.D.
1972.

PRESENT: HONORABLE STEPHEN J. ROTH 

United States District Judge

This matter having come on to be heard on the Motion by 
Detroit Federation o f Teachers, dated June 22, 1972, for Injunc­
tion and/or for Supplement to Order for Development o f Plan o f 
Desegregation, Re Financing and Terminations; and the briefs and 
arguments o f  the parties having been considered for an in oppo­
sition to such motion; and the court being fu lly informed in the 
premises; and

The court finding that defendant Detroit Board o f Education 
has heretofore adopted a resolution for its 1972-73 budget which



I a 573

school year and o f said reduction in faculty will adversely affect 
this court’s ability to implement an effective metropolitan plan o f 
desegregation; and the court further finding that in order to pre­
serve the status quo, to enable the effective implementation of 
such a plan, it is necessary that preliminary injunctive relief issue 
as hereinafter provided, thereby to avert irreparable injury in the 
particulars set forth above; now, therefore,

IT  IS ORDERED that the parties, their agents, employees, 
successors and all others having actual notice o f this Order shall be 
enjoined, pending further order o f the court:

(1 ) From reducing, or causing or requiring the reduction o f 
the number o f  school days for students in the school system o f the 
city o f Detroit to less than 180 days for the fiscal and academic 
year 1972-73, such days to be o f not less than the daily number o f 
hours provided du ring the 1971-72 fiscal and academic year.

(2 ) From terminating, or causing or requiring the termination 
o f the employment o f approximately 1,548 teachers employed by 
defendant Detroit Board o f Education who were, on or about 
April 12, 1972, given notices o f such terminations to have been 
effective the end o f the 1971-72 school y ear; and from giving 
force and effect to such notices; PROVIDED, HOWEVER, said 
restraint shall be without limitation to terminations, pursuant to 
such notices or otherwise, o f  individual teachers for independent 
personal cause, subject to the rights and obligations o f the said 
Board and o f the teachers, inter se.

IT  IS FURTHER ORDERED, in the discretion o f the court, 
that no security shall be required.

j s/ Stephen J. Roth

UNITED STATES DISTRICT JUDGE

DATED: JULY 7, 1972.

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