Response to Plaintiff's Motion for Partial Summary Judgment

Public Court Documents
July 17, 1986

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Response to Plaintiff's Motion for Partial Summary Judgment preview

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  • Case Files, Garner Working Files. Response to Plaintiff's Motion for Partial Summary Judgment, 1986. 76f7d0ec-34a8-f011-bbd3-000d3a53d084. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/ca1208c8-e1be-483f-a28d-a6a4877fb25e/response-to-plaintiffs-motion-for-partial-summary-judgment. Accessed February 12, 2026.

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    IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TENESSEE WESTERN DIVISION

CLEAMTEE GARNER, Father 
and next-of-kin of EDWARD

*
EUGENE GARNER, a deceased 
Minor,

Plaintiff, *
V. * CIVIL ACTION NO. C-75-145
MEMPHIS POLICE DEPARTMENT, 
et al,

Defendants. *

RESPONSE TO PLAINTIFF'S MOTION 
FOR PARTIAL SUMMARY JUDGMENT

Come now defendants and for response to Plaintiff's Motion 
for Partial Summary Judgment on the question of liability, state 
as follows:

1. The General Order of the Memphis Police Department 
authorizing the use of deadly force to apprehend a felon fleeing 
from the commission of a burglary in the first degree was not a 
written policy of the City within the meaning of Monell v. New 
York Department of Social Services, 436 U.S. 658 (1978).

2. Under the circumstances of this case, the City should
have a good faith or qualified immunity defense.

CLIFFORD D. PIERCE 
Cit-vj Attorney ^

trHENRY /L. KLEIN 
Senior Staff Attorney 
City of Memphis 
770 Estate Place 
Memphis, Tennessee 38119 
(901) 761-1263

HLK/7
GARN.RESPl



CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing has been for­

warded to the plaintiff's attorneys, Steven L. Winter, 16th Floor, 
99 Hudson Street, New York City, New York, and Walter L. Bailey, 
Suite 901, Tenoak Building, 161 Jefferson Avenue, Memphis, 
Tennessee, 38103,copy of same via U.S. Mail, postage prepaid, 
this / 7 ̂  day of July, 1986.

Henry Klein

- 2-

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