Motion for Leave to File Supplemental Appendix and Supplemental Appendix

    IN THE UNITED STATES COURT OF APPEALS 
FOR THE SIXTH CIRCUIT 

NO. 81-5605

n u i

F£8 1 G -

JOHN P, HEiiMAf j, ClgjrK

CLEAMTEE GARNER, et al.,
Plaintiff-Appellant, 
vs.

MEMPHIS POLICE DEPARTMENT, et al . ,
Defendant-Appellees.

M O T I O N  G R A N T E D
•fTERED lY THE CITRK PURSUANT 
JD HJLE HF) SJXTH C:R. RULES.

C L t R K

Appeal from the United States District Court foi: the 
Western District of Tennessee 

Western Division

MOTION FOR LEAVE TO FILE SUPPLEMENTAL 
APPENDIX AND SUPPLEMENTAL APPENDIX

Appellant respectfully moves this court for leave to 
file the attached supplemental appendix in the above noted 
appeal. In support of this motion, he shows the following:

1. The Brief for Appellant was timely filed on December 
4, 1981. Pursuant to Appellant's Motion for Leave to File 
Deferred Appendix of November 18, 1981, which was granted by 
the clerk, appellant timely filed the Joint Appendix on 
February 1, 1982.

2. In preparing the completed brief for filing, it
was discovered that a portion of the Appendix was inadvertantly 
omitted. This portion consists of excerpts from the trial

//



record in Wiley v. Memphis Police Department, Civ. Action 
No. C-73-8 (W.D. Tenn. June 30, 1975), previously filed with 
this court as pp. 303-579 of the Appendix in Wiley v.
Memphis Police Dept., No. 75-2321. This portion of the 
Wiley record is referred to in the Brief for Appellant in 
this case, filed on December 4, 1981. As expressely noted 
in the Joint Appendix already filed, this portion was a part 
of Plaintiff's Offer of Proof tendered below which makes up 
the record in this case. App. 762.

3. These documents are necessary to assist this court 
in the just disposition of this case. No prejudice to any 
party will result from their inclusion. The appellee has 
previously received these documents in the course of the 
proceedings below, is aware that they are referred to in 
appellant’s brief, and has otherwise been notified that they 
were to be included in the Joint Appendix.

4. Counsel for appellees consents to this motion.

Respectfully submitted.

STEVEN L. WINTER Suite 2030 
10 Columbus Circle 
New York, New York 10019

WALTER L. BAILEY, JR.
Suite 901, Tenoke Building 
161 Jefferson Avenue 
Memphis, Tennessee 38103

Counsel for Plaintiff-Appellant



CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion 
for Leave to File Supplemental Appendix and Supplemental 
Appendix has been served by placing sailie in the United 
States mail, postage prepaid, to Henry L. Klein, Esquire, 
2108 First Tennessee Bank Building, Memphis, Tennessee 
38103, this 16th day of February 1982.

STEVEN-L. WINTER

Counsel for Plaintiff-Appellant



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UoHn P. HeKmah, ClerR "
U. S. Court of Appeals for tiiS 

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b.
Mr. Steven L. Winter 
Suite 2030 10 Columbus Circle 
New York, New York 10019

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