Question from Paust to be asked RE: Garner v. Memphis Police Dept.

Correspondence
March 18, 1976

Question from Paust to be asked RE: Garner v. Memphis Police Dept. preview

5 pages

  • Case Files, Garner Working Files. Question from Paust to be asked RE: Garner v. Memphis Police Dept., 1976. 3a0d6143-33a8-f011-bbd3-000d3a53d084. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/aa7c31d9-f23f-41a9-af91-c45170421f73/question-from-paust-to-be-asked-re-garner-v-memphis-police-dept. Accessed November 11, 2026.

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    PAUST
Re: Garner v. Memphis Police Dept. —  Questions to be asked:

1. Are any weapons or bullets specifically banned by the
Department? Are there any Department or City regulations 
pertaining to ammunition?

2. Are magnum pistol bullets authorized by the Department?

3. Are hollow-point bullets authorized by the Department?

4. Approximately what percentage of the officers in the 
Department use magnum bullets? hollow-point bullets?

5. Approximately what percentage used these types of bullets 
at the time of the shooting?

6. How long have officers in the Department utilized magnums? 
hollow-points?

7. Was the Director of the Department aware of their use?

8. When was the Director first aware of the A.C.L.U. claim, 
or the claim of any other person or group, that magnum and 
hollow-point pistol ammunition was illegal?



9. Did the Department ever seek legal advice on the acceptability 
of magnums or hollow-points?
If so, when, where and with what results?

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10. Did the Department ever test the performance of magnum 
or hollow-point ammunition? If so, when, where and with
what results?

11. Did the Department gain knowledge of the effects of magnum 
or hollow-point ammunition in the human body? Why or why 
not? If so, when, where and with what results?

12. Did the Department contact any manufacturer of ammunition 
for information pertinent to questions 10 or 11?
If so,' when, where and with what results?

13. HOW many officers in the Department fired their weapons 
in the line of duty, and how many times were they fired 
per incident, for the years 1974, 1975 and 1976 to date?

14. How many of those firings resulted in misses of the target?

15. How many officers in the Department were shot by pistol 
ammunition in the years 1974, 1975 and 1976 to date?

16. HOW many of those officers did not wear a bullet proof vest 
of some type when they were shot?



17. How many officers in the Department now wear bullet proof 
vests of some type?

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18. Does the Department (or City) record the number of gunshot 
wounds to/or deaths of civilians? Is there a distinction 
made on the basis of officer or civilian firings? Are 
projectile types (e.g., magnums and hollow-points) recorded 
when one civilian shoots another? when an officer shoots 
an innocent bystander? Why or why not?

19. Is the Department (or City) aware of any autopsies performed 
on gunshot victims in the years 1974, 1975 or 1976 to date? 
Did the autopsies investigate different injury outcomes 
with magnums or hollow-points?

20. Who are the bullet suppliers of the officers of the 
Department?

21. Do officers receive any discounts or similar benefits 
when they purchase magnum or hollow-point ammunition? 
Does the Department?

22. Do officers ever use .45 caliber ammunition in line of 
duty? Why or why not?

23. Is the Department (and the City) aware of the Los Angeles 
Police Department ban on magnum and hollow-point ammunition?



24. Is the Department (and the City) aware of the refusal by 
N.Y.P.D. and Washington D.C. police to use magnums and 
hollow-points?

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25. Is the Department (and the City) aware of the fact that use 
of magnum and hollow-point pistol ammunition against human 
beings is violative of international legal standards?

26. Does the Department (and the City) instruct its officers 
on the legal impropriety of use of certain weapon systems 
against human beings? Why or why not?

27. Have officers of the Department ever received instructions 
on the legal standard of necessary use of force? If so, are 
there any printed pamphlets, books or other materials 
utilized? If not, why not?

28. How many innocent bystanders were injured or killed by 
police weapons in the years 1972, 1973, 1974, 1975, 1976 
to date?

29. How many police officers were injured or killed by police 
weapons in the years 1972, 1973, 1974, 1975, 1976 to date?

30. After injury to a citizen or fellow officer by a police 
weapon, were there any changes in police instructions, 
regulations or procedures? Why or why not?



31. Does the Department receive federal funds for law enforcement 
programs or activities? Are weapons or ammunition ever 
purchased with federal funds?

32. Is the Department aware of the statement in the 1973 
Report of the National Advisory Commission on Criminal 
Justice Standards and Goals on use of magnum and similar 
ammunition in urban areas (at pg. 520, Report on Police)?

Page 5

33. Does the Department authorize or purchase new plastic 
notepad shields to protect patrol officers?

34. Are .41 caliber or .44 caliber magnums ever used by 
Department officers?

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