Plaintiffs' First Request for Production of Documents

    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

PLAINTIFF'S FIRST REQUEST FOR 
PRODUCTION OF DOCUMENTS

Pursuant to Rule 34 of the Federal Rules of Civil Procedure, 
plaintiff hereby requests that the Memphis Police Department, 
the City of Memphis, Wyeth Chandler, Jay W. Hubbard, and E. R. 
Hymon, each a defendant in this action, produce and permit 
plaintiff and his representatives to inspect and copy the 
documents specified below which are within their possession, 
custody or control or in that of any of their affiliates or 
representatives.

The documents requested are to be produced at the offices of 
Drew S. Days, III, Esq., one of the attorneys for plaintiffs.
Suite 2030, 10 Columbus Circle, New York, New York 10019, within 
thirty (30) days after the date of this request. If the production 
of any document, or any part of a document is objected to on ground 
of privilege or otherwise, each such document should be specifi­
cally identified, with a description of the document (e.g.,letter,



memorandum. Report, etc.), the general topic, the title and date, 
the number of pages, the name and position of the author and of 
each addressee or recipient, the location of each copy of such 
document and the grounds for refusing to produce such document.

The term "Document" as used herein has the same meaning 
as in Rule 34(a), Federal Rules of Civil Procedure, and includes 
without limitation, all case records, incident reports, investi­
gating officers' reports, witnesses' statements, police log book 
entries, photographs, papers, correspondence, memoranda, notes, 
recordings, transcripts of recordings, transcripts, films, 
communications and other records. The documents requested are 
those in the possession or control of defendants, their attorneys 
or agents. In any case where duplicate copies of the same 
document exist, all copies should be produced which contain any 
writing or notes which do not appear on all other copies of the 
document. In each case where a document is called for, all 
drafts of the document are also called for.

Documents to be Produced

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All documents regarding, involving, or referring to any 
any City of Memphis police officer's contact, investigation 
of, or charges against Edward Eugene Garner on or about 
October 3, 1974;
The City of Memphis Police Department personnel file on 
defendant E. R. Hymon;
All documents relating to the directives of Wyeth Chandler 
and Jay W. Hubbard with respect to the training of Memphis 
police officers in the use of lethal force;
All documents relating to the directives of Wyeth Chandler 
and Jay W. Hubbard with respect to the training of Memphis 
police officers in the use of lethal force;

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All documents relating to Wyeth Chandler's or Jay Hubbard's 
expressions with respect to the use of lethal force in the 
apprehension of criminal suspects or the prevention of 
crime;
All documents relating to the selection of the type of 
service revolver and service revolver ammunition issued 
by the Memphis Police Department for its officers as of 
October 3, 1974;
All documents relating to the promulgation of regulations 
on the use of lethal force by the City of Memphis Police 
Department;
All documents relating to any studies conducted by or at 
the request of the City of Memphis Police Departipent on 
the effects of various ammunition used by its officers as 
of October 3, 1974 on the human body;
All correspondence, memoranda, reports and other records 
of the Memphis Police Department relating to citizen or 
departmental complaints against E. R. Hymon prior to 
October 3, 1974;
All records relating to disciplinary action taken by the 

Memphis Police Department against E. R. Hymon prior to 
October 3, 1974;
All documents relating to any disciplinary action taken 
against E. R. Hymon by the Memphis Police Department as a 
result of the death of Edward Eugene Garner on October 3,
1974;
All documents setting out the official policies regarding 
promotion of police officers of the Memphis Police Department; 
All documents relating to the training of Memphis police 
officers, generally and to the training of the officers in 
the use of lethal and non-lethal weapons, specifically,.

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14. All documents relating to incidents in which lethal force 
was resorted to by officers of the Memphis Police Depart­
ment from January, 1973 to October 3, 1974 including but 
not limited to:
a. Official investigation reports
b. Citizen complaints
c. Disciplinary proceedings instituted against

officers resorting to lethal force,
15. An organizational chart of the Memphis Police Department, 

showing the names of all supervisory officers and their 
respective duties as of October 3, 1974

16. All rules and regulations governing the conduct of police 
officers of the Memphis Police Department as of October 3, 
1974

17. The operations manual of the Memphis Police Department as 
of October 3, 1974,

Dated October 1975

JACK GREENBERG 
CHARLES STEPHEN RALSTON 
DREW S. DAYS, III 
10 Columbus Circle 
New York, New York 10019

WALTER LEE BAILEY, JR. D ’ARMY BAILEY 
Suite 901, Tenoke Building 161 Jefferson Avenue 
Memphis, Tennessee 38103

Attorneys for Plaintiff.

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