Answer to Plaintiff's First Interrogatories

    '/^^hs

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; I'JYETH 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

ANSWF.R TO PLAINTIFF'S FIRST INTERROGATORIES

Comes now the defendant, Wyeth Chandler, and in 
accordance with Rule 33, F.R.C.P. and hereby answers those 
interrogatories propounded to him by the plaintiff.

QUESTION:
1. What is your full name and present address? 

ANS\^rER:

John Wyeth Chandler, 1505 Farrow, Memphis, Tennessee. 

QUESTION:
2. What was your occupation or the nature of your 

occupation on or about October 3, 1974?
ANSWER:

Mayor of Memphis.

QUESTION:
3. With respect to your occupation or the nature of 

your emplojnaent on or about October 3, 1974, state:

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a. The nature of your work and duties;
b. Your particular responsibilities and 
authority with respect to the City of Memphis 
Police Department.

ANSWER:
a. Executive responsibilities in the operation of the 
City of Memphis.
b. Appointment of the Director, the Interim Director 
and general authority over the City of Memphis Police 
Department.

QUESTION:
4. Are you familiar with the recruitment procedures and 

hiring practices of the. City's Police Department?
ANSv'JER:

Generally.

QUESTION:
5. If the answer to interrogatory #4 is in the affirmative 

please indicate:
a. How you obtained such familiarity;
b. The nature of your familiarity.

ANSWER:
a. Through discussions with the Personnel Department and 
Memphis Police Department of said procedures and practices.
b. Generalized.

QUESTION:
6. Are you familiar with the qualifications necessary for 

one to assume a position as a police officer for the City of 
Memphis?

Yes.
ANSWER:

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7. If the answer to interrogatory #6 is in the 
affirmative, please indicate:

a. How you obtained such familiarity;
b. The nature of your familiarity.

ANSWER:
a. Through discussions with the Personnel Department 
and Memphis Police Department of said procedures and 
practices.
b. Generalized.

QUESTION:
8. Are you familiar with the training given to police 

of^-^cers in the use of lethal and non-J.ethal force in making 
apprehens ions ?
ANSV/ER:

Generally.

QUESTION:
9. If the answer to interrogatory #8 is in the affirmative 

please state:
a. How you obtained such familiarity;
b. The nature of your familiarty.

ANSWER:
a. Through discussions with the Personnel Department and 
Memphis Police Department of said procedures and practices.
b. Generalized.

QUESTION:

QUESTION:
9.1 Are you familiar with the type of service revolver 

issued to officers of the Memphis Police Department as of 
October 3, 1974.

Yes.
ANSTOR:

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10. If the answer to interrogatory #9.1 is in the 
affirmative, please indicate:

a. How you obtained such familiarity;
b. The nature of your familiarity.

ANSWER:
a. From police leadership and police officers.
b. Inapplicable.

QUESTION:
11. Are you familiar with the type of bullets issued to 

officers of the Memphis Police Department for use in their 
service revolvers as of October 3, 1974?
ANSWER:

Yes.

QUESTION:
12. If the answer to interrogatory #11 is in the affirmative, 

please indicate:
a. How you obtained such familiarity; 
r. The nature of such familiarity.

ANSWER:
a. From police officials.
b. General.

QUESTION:
13. What was the nature of your employment prior to 

assuming your present responsibilities?
ANSWER:

Private attorney and City Councilman.

QUESTION:

QUESTION:
14. Were you a member or official of any governmental 

body or agency of the City of Memphis prior to assuming your 
present responsibilities?

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Yes.

QUESTION:
15. If the answer to interrogatory #14 is in the affirma­

tive please indicate as follows:
a. The official body or agency of which you were a 
member or official;
b. The period of time during which you served as a 
member or official;
c. The nature of your official duties, including the 
names and functions of any committees on which you 
served.

ANSWER:
a. Memphis City Council.
b. January 1, 1968, through December 31, 1971.
c. Legislative actions of the City of Memphis, serving 
on the Zoning Committee, Public Relations Committee,
Inter-Governmental Committee as Chairman of these three 
committees. Chairman of the City Council during 1971.
Also served as member of the Fire and Police Committee..

QUESTION:
16. In your present capacity, or in any previous capacity 

as an official at the City of Memphis, have you had any involve­
ment in the promulgation of personnel policies for the Memphis 
Police Department in force on October 3, 1974?
ANSWER:

Yes.

QUESTION:
17. If the answer to interrogatory #16 is in the affxrma- 

tive, please indicate as follows:

ANS\̂ rER:

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a. The dates of your involvement;
b. The nature of your involvement;
c. Whether you made specific recommendations with 
respect to promulgation of Memphis Police Department 
personnel policies;
d. The nature of such recommendations;
e. Whether such recommendations were reduced to 
writing;
f. To whom such recommendations were made;
g. Whether your recommendations were adopted.

ANSWER:
a. January 1, 1972, to October 3, 1974.
b. As Mayor of Memphis.
c. Yes.
d. Basically that the City of Memphis should seek to 
recruit highly qualified black and white officers on the 
basis of ability, and that two years of college be required, 
that hiring and promotions be on the basis of ability ?nd 
ability alone.
e. In some cases.
f. Director Jay W. Hubbard, Interim Director W. 0. Crumby, 
Personnel Director Henry R. Evans, and Chief Administrative 
Officer Clay W. Huddleston.
g. Yes.

QUESTION:
18. In your present capacity, or in any previous capacity 

as an official of the City of Memphis, have you had any involvement 
in decisions relating to the selection of service revolvers or 
ammunition to be used in such revolvers prior to and including 
October 3, 1974.

No.
ANSWER:

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19. If the answer to interrogatory #18 is in the affirma­
tive, please indicate as follows:

a. The dates of your involvement;
b. The nature of your involvement;
c. Whether you made specific recommendations with 
respect to selection of service revolvers or ammunition;
d. The nature of such recommendations;
e. Whether such recommendations were reduced to writing;
f. To whom such recommendations were made;
g. Whether your recommendations were adopted.

ANSWER:
Not applicable.

QUESTION:
20. In your present capacity, or in any previous capacity 

as an official of the City of Memphis, have you hsd any involve­
ment in the promulgation of rules and regulations with respect to 
the use of lethal force by Memphis Police Officers in force on 
October 3, 1974.
ANSWER:

No.

QUESTION:
21. If the answer to interrogatory #20 is in the affirma­

tive, please indicate as follows:
a. The dates of your involvement;
b. The nature of your involvement;
c. Whether you made specific recommendations with 
respect to the use of lethal force;
d. The nature of such recommendations;
c. Whether your recommendations were reduced to writing;
f. To x̂ hom such recommendations v̂ ere made;
g. Whether your recommendations were adopted.

QUESTION:

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Not applicable.

QUESTION:
22. Have you, in your present capacity or in any previous 

capacity as an official of the City of Memphis ever issued 
directives on the use of lethal force by Memphis police.
ANSWER:

No.

QUESTION:
23. If the answer to the previous interrogatory is in 

the affirmative, please indicate the following:
a. The nature of the directives, specifying the name 
and number of aiiy official form used;
b. Whether your directives are still in existence; and
c. What person or agency has custody and control of 
the directive's .

ANSWER:
Not applicable.

QUESTION:
24. In your present capacity or in any previous capacity 

as an offical of the City of Memphis have you expressed written 
or verbal support for the use of lethal force in apprehending 
criminals and suspected criminals prior to October 3, 1974. 
ANSWER:

Yes.

ANSl̂ ÊR:

QUESTION:
25. If the answer to the previous interrogatory is in the 

affirmative, please indicate the folliwng:
a. The substance of each such expression;
b. If written, specify the name and number of any official 
form used;

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c. Whether these written statements are still in
existence;
d. What person or agency presently has custody and
control of such statements;
e. If unwritten, the name and address of each person
who participated in the conversations or communications. 

ANSWER:
On January 19, 1972 at 2:00 P.M., the Mayor released a 

^^itten statement to the news media wherein he stated that con­
cerning an incident the night before involving members of the 
Memphis Police Department, with the information that had been 
ftimished to him up to that point, he was of the opinion that 
the action taken by the Police Department was in line with 
previous policy and in line with any future policy that may be 
developed.

The Mayor stated that an interim policy should be devised 
by the administration of the Police Department at the earliest 
possible time, to draw guidelines in the use of weapons affecting 
the protection of the citizens of this City.

On January 20, 1972, Chief Bill Price issued Order G-72-6 
concerning the use of firearms.

A copy of these statements exists in the Mayor's office. 

QUESTION:
26. If the answer to interrogatory #24 is in the affirma­

tive, please indicate whether your position in support of the use 
of lethal force was ccranunicated to the local news media.
ANSWER:

Yes .

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27. If your answer to interrogatory #26 is in the affirma­
tive, please indicate as follows;

a. When your position was communicated to the media;
b. How your position was communicated to the media 
(E.G., press release, press conference, public speech, 
etc.).

ANSWER:
Communicated January 19, 1972, by a press release.

QUESTION:

The undersigned, being first duly sworn, makes oath that 
the facts stated in the foregoing answers to plaintiff's interroga­
tories are true to the best of his knowledge, infoxTiiation and 
belief.

CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing answers to 

plaintiff's interrogatories has been served upon counsel for the 
plaintiff. Drew S. Days, III, 10 Columbus Circle, New York,
New York 10019, and Walter Lee Bailey, Jr., 901 Tenoke Building, 
Memphis, Tennessee 38103, by mailing same to them at their offices 
by United States mail, postage prepaid, this day of

, 1975.

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