IN THE CIRCUIT COURT OF SHELBY COUNTY TENNESSEE

STANLEY GREEN

Plaintiff

Vs. Docket No. CF000343.09

LARRY GODWIN &

MEMPHIS POLICE DEPARTMENT

Defendant(s)

MEMORANDUM WITH ATTACHMENTS IN SUPPORT OF PLAINTIFF’S

RESPONSE TO DEFENDANT’S MOTION TO DISMISS

COME NOW, Prose Plaintiff Spec IV Stanley Green Disabled

African American Veteran Soldier, pursuant to Rule 12.02 (6) of

the Tennessee Rules of Civil Procedure, and respectfully submit

this Memorandum with attachments in Support of the Plaintiff’s

Response to the Defendants’ Motion to Dismiss.

INTRODUCTION

For the limited purposes of presenting the facts relevant to

Plaintiff’s Response to the Defendants’ Motion to Dismiss the

Plaintiff submits the following facts for the court’s consideration

and prays that his case shall be heard to relieve his suffering.
 FACTS

1. Plaintiff has filed a Citizen’s complaint with Memphis Mayor

Willie Herenton against our Memphis Police Department for

harassment by Sgt E. Gilliam to search the Plaintiff’s home

on November 16, 2007 without any search warrant to verify

the address of the Plaintiff at 1953 Goodhaven Dr. 38116

2. Memphis Police Director Larry A. Godwin has written a letter

dated May 5, 2008 where a copy has been furnished to

Mayor Willie Herenton stating that Spec IV Green has been

convicted of rape and incest (See Exhibit A).

3. District Attorney General Bill Gibbons has written a letter

dated May 27, 2008 that has disputed the Plaintiff has not

been convicted of rape (See Exhibit B).

4. Tennessee State Lawmakers have enacted T. C. A. 40-39-201

Tennessee Sexual Offender and Violent Sexual Offender

Registration, and Tracking Act of 2004 that has been made

effective August 1, 2004 (See Exhibit C).

5. August 15, 2007 Plaintiff has signed a Tennessee Bureau of

Investigation Sexual Offender/Violent Sexual Offender

Instruction form to affirm the Plaintiff has read and

understood the criteria for registration (See Exhibit D).

6. June 2, 1994 Judge Doran Shelby County Criminal Court Div

IV has signed a judgment sheet ordering Tennessee

Department of Correction Division of Adult Probation to

administer six-year supervised probation (See Exhibit E).

7. June 2, 2000 Tennessee Department of Correction Division of

Adult Probation Chronological Entry Plan of Supervision has

been successfully fulfilled without any violations whereby

Plaintiff is now a FREE MAN (See Exhibit F).

8. Tennessee Bureau of Investigation (TBI) Tennessee Sex

Offender Registry (TSOR) website

http://www.ticic.state.tn.us/sorinternet/sosearch.aspx

has identified the Memphis Police Department as the new

supervision site for the Plaintiff at 1978 Goodhaven Dr.

Memphis, TN 38116 (See Exhibit G).

9. February 3, 2009 Plaintiff has filed with Shelby County Circuit

Court Clerk First Set of Interrogatories, Production of

Documents and Admissions of Facts pursuant to T. R. C. P.

33, 34 & 36 (See Exhibit H).

10.The Defendants have well exceeded the 30-day time period

to act in good faith to cooperate with the Plaintiff’s sincere

attempt to gather discovery evidence.

11. Plaintiff has respectfully submitted his Writ of Mandamus to

compel each Defendant to enforce the police protection as

prescribed in T. C. A. 39-17-309 Civil Rights Intimidation to

forever secure the Plaintiff from further harassment by the

Memphis Police Department (See Exhibit I).

12.The General Assembly finds and declares that it is the right

of every person regardless of race, color, ancestry, religion

or national origin, to be secure and protected from fear,

harassment and bodily injury caused by the activities of

groups and individuals (See Exhibit J).

Respectfully Submitted,
 ______________________

Stanley Green

1953 Goodhaven Dr.

Memphis, TN 38116

Mobile Phone (901) 653-6243

CERTIFICATE OF SERVICE

I Stanley Green certify that a true and exact copy of the foregoing

has been served upon each the Defendants in care of Assistant

City Attorney Barbaralette G. Davis, 125 North Main Street Room

336 Memphis, TN 38103 by U. S. Postal Service First Class

postage thereon, this being the 8TH Day of April, 2009.

________________________

Stanley Green