State of Tennessee's Motion for Extension of Time and to Postpone Oral Argument

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IN THE UNITED STATES COURT OF APPEALS 

FOR THE SIXTH CIRCUIT

CLEAMTREE GARNER,

Plaintiff-Appellant,

V . NO. 81-5605
DIST. CT. NO. C-75-145

MEMPHIS POLICE DEPARTMENT, 
et al.,

Defendants-Appellees,

STATE OF TENNESSEE'S MOTION FOR EXTENSION OF TIME TO FILE APPROPRIATE RESPONSE 
TO COURT'S REQUEST FOR INTERVENTION OF THE 

STATE OF TENNESSEE, MOTION TO POSTPONE 
ORAL ARGUMENT, AND MOTION TO COMPEL PRODUCTION 

OF APPELLATE DOCUMENTS

ROBERT A. GRUNOW 
Deputy Attorney General 
450 James Robertson Parkway 
Nashville, Tennessee 37219 
(615) 741-7859

OF COUNSEL:
WILLIAM M. LEECH, JR. 
ATTORNEY GENERAL & REPORTER

OFFICE OF THE

Attorney General of Tennessee

NASHVILLE, TENNESSEE 37219



MAY IT PLEASE THE COURT:

Comes now the State of Tennessee, by and through 
the undersigned Deputy Attorney General for the State of 
Tennessee, and would respectfully request: (1) that the
Court grant it an extension of time of thirty days in which 
to file an appropriate response to this Court's request for 
intervention of the State of Tennessee in the above-styled 
case; (2) that oral argument of the case be postponed until 
after the State of Tennessee has been afforded an oppor­
tunity to make an appropriate response in this case; (3) 
that the Clerk of the Court or the parties be directed to 
immediately forward to this office a copy of the appendix 
and other relevant pleadings not previously forwarded to 
this office. In support of its motions, the State would 
show:

1. On January 3, 1983, the undersigned was 
telephonically informed by the Clerk of the Sixth Circuit 
Court of Appeals that the Court had requested the State of 
Tennessee to address the issue of the constitutionality of 
Tennessee Code Annotated § 40-808 in the above-styled case. 
The Clerk's office indicated that the case was set for oral 
argument on January 18, 1983, and that the Court desired a 
brief on or before January 13, 1983.

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2. A review of the records of this office indi­
cates that, prior to the information received on January 3, 
1983, the Office of the Attorney General of the State of 
Tennessee was never notified pursuant to 28 U.S.C. § 2403(b) 
by any federal court or the parties that the constitutiona­
lity of a state statute affecting the public interest had 
been drawn into question in this case.

3. The undersigned advised the clerk's office on 
January 3, 1983, that, under the circumstances of the case 
and in order to make an informed and appropriate response to 
the Court's request, it would be necessary for this office 
to receive copies of the relevant appellate pleadings and 
district court opinion in the case. Copies of the brief of 
plaintiff-appellant, the brief of defendants-appellees, the 
reply brief for plaintiff-appellant, and the July 8, 1981 
opinion of the Federal District Court were received by this 
office on January 12, 1983. A preliminary review of the 
documents received indicates that, in order to make an 
informed and appropriate response to the Court's request, it 
will be necessary to review the appendix as well as the 
appellate briefs and appendix previously filed in the first 
appeal in the instant case.

4. An extension of time in which to file an 
appropriate response is necessary in order to ensure that

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the interests of the State of Tennessee are adequately pro­
tected in this case. Furthermore, in order to afford the 
State of Tennessee an adequate opportunity to present its 
position to the Court, should the State decide to intervene 
in this case, postponement of oral argument would be 
appropriate. Finally, in order to make an informed and 
appropriate response to the Court's request, it is necessary 
that the clerk or the parties be directed to immediately 
forward to this office a copy of the appendix as well as the 
other relevant documents mentioned in paragraph 3.

WHEREFORE, PREMISES CONSIDERED, the State of 
Tennessee respectfully prays that the Court grant it an 
additional thirty days in which to file an appropriate 
response to this Court's request, postpone oral argument 
of the instant case until after the State has been afforded 
an adequate opportunity to make an appropriate response in 
this case, and compel the production of the aforementioned 
appellate documents.

Respectfully submitted,

ROBERT A.
Deputy Axto^i^ey General 450 James Robertson Parkway 
Nashville, Tennessee 37219 (615) 741-7859

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I hereby certify that true and exact copies of the 
foregoing Motion have been forwarded to Mr. Jack Greenberg, 
Mr. James M. Nabrit, III, Mr. Steven L. Winter, Suite 2030, 
Ten Columbus Circle, New York, New York 10019, and Mr. 
Walter L. Bailey, Jr., Suite 901, Ten Oake Building, 161 
Jefferson Avenue, Memphis, Tennessee 38103, Attorneys for 
Plaintiff-Appellant, and Mr. Clifford D. Pierce and Mr. 
Henry L. Klein, Attorneys for Defendants-Appellees, this

CERTIFICATE OF SERVICE

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IN THE UNITED STATES COURT OF APPEALS 
FOR THE SIXTH CIRCUIT

CLEAMTREE GARNER,

Plaintiff-Appellant,

V .

MEMPHIS POLICE DEPARTMENT, 
et al.,

Defendants-Appellees.

NO. 81-5605
DIST. CT. NO. C-75-145

A F F I _ D A V j ^ T

I, ROBERT A. GRUNOW, first being duly sworn hereby 
states that upon information and belief the facts stated in

Sworn to and subscribed before me 
on this 12th day of January, 1983.

N O T A R Y ’

My Commission Expires; July 21, 1985



STATE OF TENNESSEE 
ATTORNEY GENERAL’S OFFICE 

450 JAMES ROBERTSON PARKWAY 
NASHVILLE, TENNESSEE 37219

i ; i U ; I L  n  I _ „  - I

, THE w oi^Eje:-

'A; ‘C

Mr. Jack Greenberg 
Attorney at Law 
Suite 2030 
Ten Columbus Circle 
New York, NY 10019