Correspondence from Winter to Grunow Re: Joint Appendix Table of Contents

    egal BfenseF NAACP LEGAL DEFENSE AND E D U C A T I O N A L  FUND,  INC.  
10 Columbus Circle, New York, N.Y. 10019 •  (212) 586-8397

March 28, 1983

Robert Grunow, Esq.
Deputy Attorney General 
Criminal Justice Division 
450 James Robertson Parkway 
Nashville, Tennessee 37219

Re; Cleamtee Garner v. Memphis Police 
Department, No. 81-5605 (6th Cir.)

Dear Mr. Grunow:

Please find enclosed a complete copy of the Joint Appendix 
in the above noted action. I apologize for any inconvenience 
to you or the Court for my oversight in failing to provide 
this material in a more timely fashion.

Sincerely,

Steven Winter

SLW:aa 
Enel.
cc; Hon. John P. Hehman

Walter L. Bailey, Jr, 
Henry L. Klein, Esq.

Esq.

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The NAACP LEGAL DEFENSE & EDUCATIONAL FUND is not part of the National Association for the Advancement of Colored People although it 
was founded by it and shares its commitment to equal rights. LOF has had for over 25 years a separate Board, program, staff, office and budget.



TABLE OF CONTENTS

Page

TABLE OF AUTHORITIES ...................................  ii

STATEMENT OF THE ISSUES PRESENTED FOR REVIEW .......  1

STATEMENT OF THE CASE .................................. 2

A. The Proceedings Below ........................ 2

B. The Record on Appeal ......................... 8

ARGUMENT .................................................. 14

THE USE OF DEADLY FORCE TO STOP AN UNARMED 
FLEEING FELONY SUSPECT WHO POSES NO 
DANGER TO THE ARRESTING OFFICER OR 
OTHERS AMOUNTS TO PUNISHMENT IN VIO­
LATION OF THE DUE PROCESS CLAUSE .........

II,

III,

IV.

V.

THE USE OF DEADLY FORCE UNDER THESE CIR­
CUMSTANCES DEPRIVES THE VICTIM OF HIS 
RIGHT TO LIFE IN VIOLATION OF THE DUE PRO­
CESS CLAUSE BECAUSE IT IS NOT JUSTIFIED 
BY COUNTERVAILING STATE INTERESTS ........

MEMPHIS' POLICY AUTHORIZING THE SHOOTING 
OF NON-DANGEROUS, FLEEING PROPERTY CRIME 
SUSPECTS VIOLATES THE EQUAL PROTECTION 
CLAUSE BECAUSE IT IS RACIALLY DISCRIMINA­
TORY ......................................... .

THE USE OF HOLLOW-POINT, "DUM-DUM," 
BULLETS CONSTITUTES EXCESSIVE FORCE IN 
VIOLATION OF THE DUE PROCESS CLAUSE AND 
IS PART OF A POLICY AND CUSTOM OF EXCES­
SIVE USE OF DEADLY FORCE BY THE MEMPHIS 
POLICE DEPARTMENT ...........................

THE CONSTITUTIONAL VIOLATIONS ENUMERATED 
ABOVE FLOWED FROM THE POLICIES AND 
CUSTOMS OF THE MEMPHIS POLICE DEPARTMENT 
AND THE CITY OF MEMPHIS, RENDERING THE 
MUNICIPAL DEFENDANTS LIABLE FOR THE 
DEATH OF YOUNG GARNER .....................

14

32

37

45

CONCLUSION

46

49