Motion for Extension to File Appellant's Brief and Extension of Page Limits

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; . \ : ■' » September 2, 1981

John P. Hehman, Clerk
United States Court of Appeals
for the Sixth Circuit
U.S. Post Office & Courthouse Bldg.
Cincinnati, Ohio 45202
Re: Garner v. Memphis Police Dept., Case No. 81-5605
Dear Sir:

Please find enclosed the original and four 
copies of two motions pursuant to FRAP 27 and Rule 
8(c) of the Rules of the Six Circuit submitted on 
behalf of appellant in the above noted case. By 
these motions, we are requesting an extention of 
time for filing appellant's and an extention of 
the page limit for that brief.

Thank you for your prompt attention to this 
matter.

Sincerely,

Steven L. Winter
SLW/ac
cc Henry L. Klein, Esq.

Walter L. Bailey, Jr., Esq.

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IN THE UNITED STATES COURT OF APPEALS 
FOR THE SIXTH CIRCUIT 

NO. 81-5605

CLEAMTEE GARNER, ET AL.,
Plaintiff-Appellant, 

VS.
MEMPHIS POLICE DEPARTMENT, ET AL., 

Defendants-Appellees.

Appeal from the United States District Court for the 
Western District of Tennessee 

Western Division

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S 
BRIEF AND MOTION FOR EXTENSION OF PAGE LIMITS ON

APPELLANT'S BRIEF

STEVEN L. WINTER 
Suite 2030 
10 Columbus Circle 
New York, New York 10019
WALTER L. BAILEY, JR. Bailey, 
Higgs & Bailey 161 Jefferson 
Avenue Memphis, Tennessee 
38103
Counsel for Plaintiff-Appellant



IN THE UNITED STATES COURT OF APPEALS 
FOR THE SIXTH CIRCUIT 

NO. 81-5605

CLEAMTEE GARNER, ET AL,
Plaintiff-Appellant

VS.
MEMPHIS POLICE DEPARTMENT, ET AL, 

Defendants-Appellees.

On Appeal from the United States District Court for the 
Western District of Tennessee 

Western Division

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S 
BRIEF AND MOTION FOR EXTENSION OF PAGE LIMITS ON

APPELLANT'S BRIEF

Pursuant to Rules 26(b) & 28(g) of the Federal Rules 
of Appellate Procedure and Rule 8(c) of the Rules of the United 
states Court of Appeals for the Sixth Circuit, appellant 
respectfully moves the Court for 60 days extension of time to 
file appellant's brief and a twenty-five page extension of the 
page limit on that brief. In support of this we show the 
following:

1. The appeal was docketed on August 25, 1981.



Appellant's brief is due on October 5, 1981. The instant 
case involves the important constitutional question of 
the parameters governing the use of deadly force by police 
officers in the attempted apprehension of unarmed fleeing 
felony suspects.

2. The undersigned counsel has a brief due in 
the United States Supreme Court in Ledbetter v. Jones^
No. 80-1804 on October 5, 1981. The undersigned also has 
a brief due in the United States Court of Appeals for the 
Fifth Circuit in Ruiz v. Estelle, No. 81-2224, on 
November 9, 1981. Each of these cases raise substantial 
issues which require extensive research and briefing.

3. The undersigned has long standing plans to 
out of the country from September 12 to October 12, 1981.

4. The issues raised on the in instant appeal 
are many and complex. The opinion below failed to deal 
with most of the appellant's major constitutional argu­
ments. Accordingly, the brief on appeal will necessarily

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be more extensive. In light of the importance of the 
issues, and in light of counsel's other commitments, the 
brief in the instant case cannot be adequately prepared 
in the time or within the page limits alloted by the 
Rules.

Respectfully submitted.

r\

Steve L. WINTER 
Suite 2030 
10 Colubus Circle 
New York, New York 10019
WALTER L. BAILEY, JR. 
BAILEY, HIGGS & BAILEY 
161 Jefferson Ave. 
Memphis, Tennessee 38103
Counsel for Appellant

CERTIFICATE OF SERVICE

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CERTIFICATE OF SERVICE

I hereby certify that one copy of the foregoing 
Motions have been served by United States Express Mail, 
postage prepaid, to Henry L. Klein, Esq., 2108 First 
Tennessee Bank Bldg. Memphis, Tn 38103.

This 2 day of September, 1981.

STEVEN L. WINTER



=: C L E R K
R T  O F  A P P E A L S

HIO 4 5 2 0 2

J S I N E S S  
I V A T E  U S E  $ 3 0 0

POSTAGE AND FEES PAID 

UNITED STA TES COURTS

Mr. Steven L. Winter 
10 Columbus Circle 
New York, N. Y. 10019