Correspondence from Winter to Clerk Re: Supplement to F.R.A.P. 28 (j) Letter

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N A A C P  L E G A L  D E F E N S E  A N D  E D U C A T I O N A L  F U N D ,  I NC.  

10 Columbus Circle, New York, N.Y. 10019* (212) 586-8397

December 27, 1982

Hon. 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 Department, 
5605

Case No. 81-

Dear Sir:
I am writing to supplement my F.R.A.P. 28 (j) letter of 

December 23, 1982. In reviewing the advance sheets this 
morning, I came across the case of Webster v. City of 
Houston, 689 F.2d 1220 (5th Cir. 1982). I believe that 
Webster will be of substantial interest to the court. The 
Webster decision relates to the arguments made in Points I, 
II, IV, and V of appellant's main brief and Point III of the 
reply brief as follows:

1. Webster, supra, 689 F.2d at 1226-27 —  Widespread 
practice of use of "throw-down" weapons by Houston 
Police Department constitutes "[i]nformal actions 
... which ... tacitly encourages police officers 
to use excessive force...." (Point I at 28-29; 
Point IV; Point V).

2. at 1227 —  Use of deadly force against unarmed 
17 year old violates the victim's rights "to live, 
to be free of excessive force, to face the charges 
against him, and to defend himself on those 
charges." (Point II).

3. Id. at 1225-27 —  Court discusses parameters of 
municipal liability for unwritten policy or custom 
under Monell. (Point V).

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Hon. John P, Hehman, Clerk Page 2
December 27, 1982

4. at 1228 —  Municipality is not entitled to
qualified immunity based on good faith of 
municipal officials. (Reply Brief Point III).

Thank you for your attention to this matter.
Sincerely,

-t._

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

Walter L. Bailey, Jr., Esq.