Correspondence from Winter to Reid Re: Notice of Appeal

    #  SENDER: Complete items 1.2. and 3 ,■
Add your address in the RETURt'^ 

reverse____________________

l.'T l^o llow ing  service is requested (check one).
W Show to whom and date delivered....................-
□  Show to whom, date, and address of delivery _
□  RESTRICTED DELIVERY

Show to whom and date delivered...................._
RESTRICTED DELIVERY 
Show to whom, date, and address of delivery. $_ 
(CONSULT POSTMASTER FOR FEES)

□

2. ARTICLE ADDRESSED TO:fion. J. Franklin Reid, Clerk
U.S. District Ctourt,Western Distric|: 

of Tennessee
3. ARTICLE DESCRIPTION: 
REGISTERED NO CERTIFIED NO.

P3o^
S31 TWI

INSURED NO.
X.

(Always obtain signature of addressee or agent)

I have received the article described above.
SIGNATURE ^ ,/tf^d ressee  □  Authorized agent

☆ GPO; 1977-0-249-595



UNITED STATES POST
OFFICIAL BUSINI

SENDER'INSTRUCNONS ■ '
Print your name, address, and ZIP CODE in the ^ c e  ietow^ \

•  Complete items 1 ,2 , and 3 on the reverse^ - '
•  Moisten gummed ends and attach to tront of article it space

PENALTY FOR PRIVATE ' 
USE TO A V 9 0  PAYMENT fc 

OF POSTAGE, $300

permits. Otherwise affix to back of article.
• Endorse article "Return Receipt Requested" 

number.
adiacent to

RETURN
TO I

Steven L. Winter, Esq.
(Name of Sender)

10 (Oolu.ibus Circle, Suite 2030
(Street or PO Box)

New York, New York 10019
(City, State, and ZIP Code) /



P 309 532 741
RECEIPT FOR CERTIFIED MAIL

NO INSURANCE COVERAGE PROVIDED- 
NOT FOR INTERNATIONAL MAIL

(See Reverse)
S E N T T O  F v a n W J i V ?  

t / ' . J ^ i 'S T 'v K ' T '
STREET A N D  N O  C j 5  0  F e  c / e  / 0 . |  Q j d .  

i J o / l  . A / Q & r t L J M  I N  s  r
P.O . STATE A N D  Z IP  CO DE

3 ^ / o 3
POSTAGE $

C E R TIFIED  FEE (
CO

CB

SPE C IA L DELIVER Y C
RESTRICTED D E LIVER Y (

ccUJ
CO

COUlCJ
Uio
>

SHOW TO WHOM AND 
DATE DELIVERED

c

z
CO
£

eeUJCO
<

UJCO
g

SHOW TO WHOM. DATE, 
AND ADDRESS OF 
DELIVERY

c

-J3
COzs

o

o

CJUJoc
zoc3
tzoc

SHOW TO WHOM AND DATE 
DELIVERED WITH RESTRICTED 
DELIVERY
§iOW  TO WHOM. DATT AND' 
ADDRESS OF DELIVERY WITH 
RESTRICTED DELIVERY

c

c

TOTAL POSTAGE AND FEES 

POSTMARK OR DATE



STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
SERTIFIED MAIL FEE. ANO CHARGES FOR ANY SELECTED OPTIONAL SERVICES, (see front)

II yoj want this receipt postmarked, stick the gummed stub on the ieft portion of the address side of 
the arlicie, leaving the receipt attached, and present the article at a post office service window or 
hand if to your rural carrier, (no extra charge)
it you do not want this receipt postmarked, stick the gummed stub on the left portion of the address 
side of the article, date, detach and retain the receipt, and mail the article.
If you want a return receipt, write the certitied-mail number and your name and address on a return 
receipt card. Form 3811, and attach it to the front of the article by means of the gummed ends it space 
permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED 
adjacent to the number.
It you want delivery restricted to the addressee, or to an authorized agent of the addressee, 
endorse RESTRICTED DELIVERY on the front of the article.
Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return 
receipt is requested, check the applicable blocks in Item 1 of Form 3811.

6. Save this receipt and present it if you make inquiry.
O G P O -.  1 9 8 0  3 3 1 - 0 0 3



August 5, 1981

Honorable J.Franklin Reid 
Clerk
United States District Court 

for the Western District 
of Tennessee 

950 Federal Building 
167 North Main Street 
Memphis, Tennessee 38103

Re: Garner v. Memphis Police 
Department

Civil Action File Number 
C-75-145

Dear Sir:
Please find enclosed the original and five 

(5) copies of a Notice of Appeal in the above- 
noted action. Please file these in accordance 
with F.R.A.P. 3 and the Local Rules.

We are desirous of expediting the docketing 
of the appeal. To this end, we are hereby 
complying with the provisions of F.R.A.P. 10 & 11 
in order to assist you in compiling and transmitting 
the record on appeal. Pursuant to Rule 10, it is 
our understanding that the record on appeal in this 
case should consist of:

The original papers filed in the District 
Court, including but not limited to the 
Court's order of August 10, 1979, and the 
parties responses thereto; plaintiff's 
memorandum of January 14, 1980, the 
defendant's supplemental memorandum of 
January 24, 1980, and plaintiff's response 
of February 5, 1980; the Court's opinion 
and order of February 29, 1980, and the 
plaintiff's motion for reconsideration of 
March 10, 1980; the Court's order of 
April 29, 1980, and plaintiff's letter to 
the Court of May 12, 1980; plaintiff's 
memorandum of law and plaintiff's offer

1 0  C O L U M B U S  C I R C L E 5 8 6 - 8  3 9 7 N E W  Y O R K ,  N . Y .  1 0 0 1 9



of proof of June 23, 1980, in its 
entirety; the supplemental affidavit 
of James J. Fyfe submitted under 
separate cover on June 24, 1980; 
defendants' response of July 30, 1980, and 
the Court's memorandum and order of July 10, 
1981 and the judgment of July 13, 1981;
The transcript of the proceedings before 
the District Court at the original trial 
in August of 1976. This, however, was 
a part of the record on the original 
appeal and may already be lodged in the 
Sixth Circuit;
A certified copy of the docket entries.

Since no additional testimony was taken on remand 
from the Sixth Circuit, it will not be necessary 
to order or wait upon any transcripts purusant to 
F.R.A.P. 10 (b) & 11 (b). Accordingly, we would 
respectfully request that your office proceed to 
assemble the record on appeal and transmit it to 
the Sixth Circuit as soon as is practicable.

Thank you for your attention to these matters
Sincerely,

Steven L. Winter

SLW:j a
cc: Walter L. Bailey 

Henry L. Klein

-  2 -

1 0  C O L U M B U S  C I R C L E 5 8 6 - 8 3 9 7 N E W  Y O R K ,  N . Y .  1 0 0 1 9



UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TENNESSEE

CLEAMTEE GARNER, father and next 
of kin of EUGENE GARNER, a 
deceased minor. Plaintiff,

V .

MEMPHIS POLICE DEPARTMENT, CITY 
OF MEMPHIS, TENNESSEE and 
JAY W. HUBBARD in his official 
capacity. Defendants.

Civil Action File Number 
C-75-145

NOTICE OF APPEAL

Notice is hereby given that Cleamtee Garner, Plaintiff 
above named, hereby appeals to the United States Court of Appeals 
for the Sixth Circuit from the final judgment entered in this 
action on the 13th day of July, 1981.
August 5, 1981.

STEVEN L. WINTER
Suite 2030
10 Columbus Circle
New York, New York 10019

WALTER L. BAILEY
161 Jefferson Building 
Suite 901
Memphis, Tennessee 38103 

Attorneys for Cleamtee Garner