Pecoraro v. Department of Corrections

This case comes to us on a settled statement of facts. In May, 1978, plaintiffs filed a complaint for injunctive relief and damages in the Marquette County Circuit Court, requesting that the state prison in Marquette be required to conform to the Michigan Housing Act of 1917. At this same time, plaintiffs also sought a declaration that the Marquette municipal fire code was applicable to the prison.

On or about July 3, 1978, the Department of Corrections filed a motion for accelerated judgment, or alternatively, for summary judgment. On July 21, 1978, the circuit court denied the motion in its…