Memorandum of Points and Authorities in Support of Plaintiff’s Motion to Compel Production of Documents

Public Court Documents
January, 1976

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Memorandum of Points and Authorities in Support of Plaintiff’s Motion to Compel Production of Documents preview

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  • Case Files, Garner Hardbacks. Memorandum of Points and Authorities in Support of Plaintiff’s Motion to Compel Production of Documents, 1976. aed890d5-24a8-f011-bbd3-000d3a151b15. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/544e0d94-26ca-4114-9a20-1e535a1bd9bd/memorandum-of-points-and-authorities-in-support-of-plaintiff-s-motion-to-compel-production-of-documents. Accessed February 12, 2026.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TENNESSEE

CLEAMTEE GARNER,

vs.
Plaintiff,

CIVIL ACTION 
No. C-75-145

MEMPHIS POLICE DEPARTMENT, et al..
Defendants.

MEMORANDUM OF POINTS AND AUTHORITIES 
IN SUPPORT OF PLAINTIFF’S MOTION TO 
COMPEL PRODUCTION OF DOCUMENTS

Discovery should be considered relevant where there is any
possibility that the information may be relevant to the
subject matter of the action.

Triangle Mfg. Co. v. Paramount Bag Mfg. Co.,
35 F.R.D. 540, 542 (S.D. N.Y. 1964);
Abel Investment Co. v. U.S., 53 F.R.D.
485 (D. Neb. 1971)

Discovery in suits against governmental officials under 
42 U.S.C. § 1983 should be liberal in light of two Congres­
sional policies favoring such an approach.

Wood V. Breier. 54 F.R.D. 7 (E.D. Wis. 1972)
Alexander v. Rizzo. 50 F.R.D. 374 (E.D. Pa. 1970)
Gaison v. Scott, 59 F.R.D. 347 (D. Hawaii 1973) 
Frankenhauser v. Rizzo, 59 F.R.D. 339 (E.D. Pa. 1973). 

State privileges are inapplicable with respect to federal 
question litigation.

United States v. Brunner. 200 F.2d 276 (6th Cir. 1952);
Falsone v. United States, 205 F.2d 734 
(5th Cir. 1953).



Respectfully submitted.

JACK GREENBERG 
CHARLES STEPHEN RALSTON 
DREW S. DAYS, III 

10 Columbus Circle 
New York, New York 10019

WALTER LEE BAILEY, JR.
D'ARMY BAILEY

Suite 901, Tenoke Building 
151 Jefferson Avenue 
Memphis, Tennessee 38103

Attorneys for Plaintiff

CERTIFICATE OF SERVICE

This is to certify that on this day of January, 1976,
I served a copy of the foregoing "Memorandum of Points and 
Authorities" upon counsel for defendants, Henry L. Klein, Esq., 
City of Memphis,Suite 3500, 100 North Main Building, Memphis, 
Tennessee 38103, by placing same in the United States mail, 
postage prepaid.

Attorney for Plaintiff

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