Correspondence from Steven L. Winter to Drew S. Days, III

    September 26, 1979
The Hon. Drew S. Days, III 
Assistant Attorney General 
Civil Rights Division 
10th and Constitution Avenue, N.W.
Washington, D.C. 20530
Re: Garner v. Memphis Police Department 
Dear Drew:
Enclosed please find a copy of the reported decision of the Sixth 
Circuit in the above noted case. As you will note, the court has 
reversed and remanded the trial court's decision for reconsidera­
tion of the issue of municipal liability under Monell v. Department 
of Social Services. In doing so, the court read its prior cases 
on the issue of paflilcipaieldiifibfflaifiScy force under this Tennessee 
statute in a most narrow and limited fashion. It read the prior 
cases as holding only that individual police officers had a 
valid good faith immunity defense in that they acted pursuant to 
the Tennessee statute. See Beech v. Melancon, 465 F.2d 425 (6th Clr. 
1972); Qualls v. Parrish, 534 F.2d 6 9 0 (6th Cir.1976); Wiley v. 
Memphis Police Department, 548 F.2d 1247 (6th Clr. 19777"̂  ̂ It 
specifically preserved the questions whether the use of deadly 
force to stop an unarmed fleeing felon and the use of hollow 
point bullets offend the Constitution, remanding these questions 
to the district court.
We would request that your Division review the possibility of 
Justice Department intervention in this case. The Sixth Circuit 
decision in this case clears the boards for a new challenge to the 
policy of allowing deadly force to stop fleeing felons and the 
use of hollow point bullets. The involvement of the Justice De­
partment may be Important to that effort.
You will notice that West has Included your name, presumably from 
the original briefs in the case, in the list of counsel. You may 
wish to write to West to have your name removed in the official 
report.
Best regards.

Sincerely,

SLW:sch Steven L. Winter