Motion to Dismiss in Behalf of Defendants

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Impact area
- Criminal Justice
Topic
- Police Accountability
LDF Attorneys
Cooperating Attorneys
Organization
- LDF
Matter
- Garner v. Memphis Police Department
Case
- Garner v. Memphis Police Department
U.S. state
- Tennessee
Collection
- Case Files
Taxonomy
Identifier
- 242b1ee8-33a8-f011-bbd3-000d3a53d084

Cite this item

Case Files, Garner Working Files. Motion to Dismiss in Behalf of Defendants, 1975. 242b1ee8-33a8-f011-bbd3-000d3a53d084. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/588a6ef0-7974-41ac-92c3-ea2e00ba9739/motion-to-dismiss-in-behalf-of-defendants. Accessed February 12, 2026.

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

WESTERN DIVISION

CLEAMTEE GARNER, father and 
next of kin of EDWARD EUGENE 
GARNER, a deceased minor.

Plaintiff,
VS.
MEMPHIS POLICE DEPARTMENT;
CITY OF MEMPHIS, Tennessee; 
WYETH CHANDLER, Mayor of 
Memphis; JAY W. HUBBARD, 
Director of Police of Memphis; 
and E. R. HYMON, Police Officer 
of the City of Memphis,

Defendants.

CIVIL ACTION 
No. C-75-145

MOTION TO DISMISS IN BEHALF OF DEFENDANTS

CCME NOW the Defendants, Memphis Police Department., City 
of Memphis, Wyeth Chandler, Jay W. Hubbard, and E. R. Hyxnon, and 
move the Court, to dismiss the Complaint filed in this cause pursuant 
to the Federal Rules of Civil Procedure and in support thereof state 
as follows:

1. The Complaint fails to state a cause of action upon 
which relief can be granted.

2. The City of Memphis and the Memphis Police Department 
are not persons within the meaning of the Civil Rights Act.

3. The City of Memphis is not a person within the 
meaning of the Civil Rights Act which would make it subject to 
equitable relief such as an action for a declaratory judgment.

4. The Doctrine of Respondeat Superior is not applicable 
to the City of Memphis and the Memphis Police Department under the 
Civil Rights Act and the laws of the State of Tennessee.

5. The City of Memphis is not liable for torts 
committed by its police officers under the Doctrine of Governmental 
Immunity.

19



6. The Doctrine of Respondeat Superior is not applicable 
to VVyeth Chandler, Mayor of Memphis, and Jay W. Hubbard, Director 
of Police of Memphis, and these Defendants are not liable under the 
Civil Rights Act while acting in a supervisory capacity, absent 
allegations in the Complaint of direct personal participation.

7. The Complaint fails to state a cause of action upon 
which relief can be granted with regard to the hiring practices and 
training programs implemented by the City of Memphis, the Memphis 
Police Department and Jay W. Hubbard, Director of Police.

8. The Complaint fails to state a cause of action upon 
which relief can be granted with regard to Wyeth Chandler, Mayor of 
Mem.phis, and his "public support" of the policies and practices of 
the Memphis Police Department and its officers.

9. Memphis Police Department, City of Memphis, Wyeth 
Chandler and Jay W. Hubbard are not liable for any claims based
upon violation of State law under Doctrine of Pendent Jurisdiction.

■'j

1...

HenryyL. Klein, Staff Attorney 
City of Memphis 
Attorney for Defendants 
Suite 3500 - 100 N. Main Bldg. 
Memphis, Tennessee 38103

Certificate Of Service

I, Henry L. Klein, hereby certify that a copy of the 
foregoing Motion to Dismiss has been forwarded to Mr. Walter liee 
Bailey, Jr., Suite 901, Tenoke Building, 161 Jefferson Avenue, 
Memphis, Tennessee, and Mr. Drew S. Days, III, 10 Columbus Circle, 
New York, New York 10019, Attorneys for Plaintiff, on this the 

day of May, 1975.
/
Hen^y

X  /
L. Klein

-  2 - 2U

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Motion to Dismiss in Behalf of Defendants

Impact area

Topic

LDF Attorneys

Cooperating Attorneys

Organization

Matter

Case

U.S. state

Collection

Taxonomy

Identifier

Cite this item

Copyright notice

Additional info

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