POLLARD V. UNITED STATES
"The government exploited the participants in violation of rights guaranteed under the Fifth, Ninth, Thirteenth, and Fourteenth amendments to the Constitution of the United States, and Article 1, Section VI of the
Alabama Constitution of 1901."
Alabama Constitution of 1901."
- Fred D. Gray, civil rights lawyer in Pollard v. United States (1973)
THE LAWSUIT
In 1973, Charlie Pollard appealed to civil rights lawyer Fred Gray in a lawsuit against the federal government regarding the Tuskegee Study.
"Mr. Charlie Pollard came into my office and asked me if I read the newspaper about the men who were involved in the syphilis tests for "bad blood". He said he was one of the men... Mr. Pollard related in detail his involvement in the experiment. As a result of our conversation, I agreed to represent Mr. Pollard in a lawsuit against the government and others who were legally responsible for operating and maintaining the experiment." - Fred D. Gray, civil rights lawyer in Pollard v. United States (1973)
|
Excerpt from the documentary "Deadly Deception" in which
Dr. Gray recalls how he became involved in the case |
Excerpt from the documentary "Deadly Deception" in which
Dr. Gray discusses the violation of rights in the study |
"On July 24, 1973, the lawsuit was filed. Jurisdiction was invoked under (1) the Fourth, Fifth, Ninth, Thirteenth, and Fourteenth amendments to the U.S. Constitution; (2) the civil rights laws 42 USC Section 1981, Section 1985(3), and Section 2000(D); (3) the Federal Torts Claims Act, 28 USC 2671; (4) the federal common law, and (5) the Constitution statues, and common law of Alabama." - Fred D. Gray, civil rights lawyer in
Pollard v. United States (1973) |
Originally, Mr. Gray wished to settle for 1.8 billion dollars. He found the 10 million dollar settlement, although disappointing, "fair and reasonable". Regardless, the case proved vital in displaying the study's violation of rights.
"As a result of our initial investigation into the case, we reached the following conclusions:
1. The United States government violated the constitutional rights of the participants in the manner in which the study was conducted.
2. The government knew that participants had syphilis and failed to treat them - even after penicillin became available.
3. The Public Health Service failed to fully disclose to the participants that they had syphilis, that they were participating in a study, and that treatment was available for syphilis.
4. The Public Health Service led the participants to believe that they were being properly treated for whatever diseases they had, when in fact, they were not being meaningfully treated.
5. The Public Health Service failed to obtain the participants' written consents to be a part of the study.
6. The Study was racially motivated and discriminated against African Americans in that no whites were selected to participate in the Study; only those who were poor, uneducated, rural, and African American, were recruited.
7. There were no rules and regulations governing the study. "
- Fred D. Gray, civil rights lawyer in Pollard v. United States (1973)