Order on Further Hearing and Trial

    L  egal BfenseF■ ■ ■ u n d NA AC P LEG AL D E F E N S E  A N D  E D U C A T IO N A L  F U N D , IN C .  
10 C o lum bus  Circle, N ew  York, N.Y. 1 0 0 1 9  •  ( 2 1 2 )  5 8 6 - 8 3 9 7

October 22, 1979

James P. Turner, Esq.
Deputy Assistant Attorney General 
Civil Rights Division 
United States Department of Justice 
Washington, D.C. 20530

Re; Garner v. Memphis Police Department
Dear Mr. Turner:
Please find enclosed a copy of the judge's Order of 
October 15, 1979 in the above noted case. The judge has 
asked for oral argument on the question of whether there 
should be further hearings in this case. I have asked 
the judge to reschedule the date of oral argument since 
I have a conflict on the date picked by the court, 
November 30, 1979. Enclosed you will also find a copy 
of my letter to the judge requesting this change.
I will keep you informed of any further developments.
I will let you know of the new date for oral argument 
should the court agree to reschedule.

Sincerely,

Steven L. Winter
SLWtmm
Enclosures

Contributions are deductible for U.S. income tax purposes
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. LDF has had for over 20 years a separate Board, program, staff, office and budget



IN THE UNITED STATES DISTRICT COURT-' 
FOR THE WESTERN DISTRICT OF TENNESSEE^ 

WESTERN DIVISION X

CLEAMTEE GARNER, etc., 
Plaintiff,

V .

MEMPHIS POLICE DEPARTMENT, 
et al.,

Defendants.

NO. C-75-145

lu e  dooa»ent dnt«ed on d = = ^ h » e t  in 
79 (a) FRCP on -/ {P ~ ^ ---

oonpllnnoo .ith 68 and/or

O R D E R

In response to the Court's Order of August 10, 
1979, counsel for both parties have submitted memoranda 
addressing the question whether further hearing and trial 
is necessary in this case. Because the parties have taken 
opposing positions on this issue, an oral hearing will be 
set for Friday, November 30, 1979, at 10:00 a.m. to allow 
additional argument on the question.

In addition, both parties should be prepared to 
discuss the effect of this Court's earlier consideration 
of and conclusions regarding the potential liability of the 
City of Memphis and the Memphis Police Department under 
Givens v. Six Unknown Named Agents, 403 U.S. 388 (1971), on 
the question whether further consideration of potential 
liability under 42 DSC § 1983 is required.

It is so ORDERED this /S day of October, 1979,

O harry  ̂w x w e l l f o r d V udge/
UNITED/STATES DISTRICT/COURT

/