Case: Kendrick v. Chandler

2:76-cv-00449 | U.S. District Court for the Western District of Tennessee

Filed Date: Sept. 10, 1976

Closed Date: Sept. 14, 1978

Clearinghouse coding complete

Case Summary

On September 14, 1976, the ACLU of Western Tennessee, along with two Memphis residents, filed a class action against the Memphis Police Department in the United States District Court for the Western District of Tennessee. Plaintiffs filed under 42 U.S.C. §§1983, 1985, 1986, and 1988, claiming breaches of the First, Fourth, Fifth, Sixth, Ninth, and Fourteenth Amendments and state law. The class comprised of all individuals and organizations “who have engaged in constitutionally protected activit…

On September 14, 1976, the ACLU of Western Tennessee, along with two Memphis residents, filed a class action against the Memphis Police Department in the United States District Court for the Western District of Tennessee. Plaintiffs filed under 42 U.S.C. §§1983, 1985, 1986, and 1988, claiming breaches of the First, Fourth, Fifth, Sixth, Ninth, and Fourteenth Amendments and state law. The class comprised of all individuals and organizations “who have engaged in constitutionally protected activity and conduct, and who have been subject of investigation by the Domestic Intelligence Unit of the Memphis Police Department.” Plaintiffs claimed that the Memphis Police Department’s Domestic Intelligence Unit (DIU) interfered with their First Amendment rights to free speech and association when it performed illegal surveillance to gather  "political intelligence." DIU collected records and reports of “unverified information and gossip which related exclusively to the exercise of lawful and peaceful activities” that the DIU deemed “subversive” through illegal means like unwarranted surveillance and interception of oral and written communications. Plaintiffs claimed that the purpose of collecting the information was to harass and intimidate plaintiffs to discourage the exercise of plaintiffs’ constitutional rights. Plaintiffs requested injunctive and declaratory relief, including enjoining defendants from illegal surveillance and storage of information, and monetary damages. The case was assigned to Judge Robert M. McRae. 

Prior to the lawsuit, one of the plaintiffs requested to see his DIU file, so defendants destroyed the file by incineration. Two members of the Memphis City Council requested that defendants refrain from destroying the files maintained by DIU. On September 10, 1976, defendants destroyed all of DIU’s files and disbanded the unit, and then held a press conference to announce their decision. Plaintiffs obtained a temporary restraining order against the destruction of evidence, but it was already too late.   

On September 14, 1978, the court entered a Consent Order prohibiting the police from engaging in any sort of “political intelligence” gathering, which meant gathering evidence “relating to any person’s beliefs, opinions, associations or other exercise of First Amendment rights.” The court also enjoined the city from harassing or deterring people exercising their First Amendment rights, for example defendants could not attend protests and record names and license plate numbers to deter First Amendment activity. Additionally, the court ruled that officers investigating criminal conduct where the investigation may collect information about the exercise of First Amendment rights must have the investigation reviewed by the Memphis Director of Police for the factual basis and proper investigatory techniques. In those investigations, the Director of Police must certify that the investigation will minimize collection of information about First Amendment activities and it will employ the “least intrusive technique necessary to obtain the information.” Defendants must instruct law enforcement personnel on the Decree and publish the Decree for the public. The court maintained jurisdiction to enforce the Decree.  

Thirty-two years later, the Police Department published a policy revision prohibiting political surveillance. It also published the 1978 Consent Decree on its website. In 2020, there were major developments, with a trial and a revision of the consent decree in another case, Blanchard v. City of Memphis.  

Summary Authors

Sophia Weaver (3/22/2023)

Related Cases

Blanchard v. City of Memphis, Western District of Tennessee (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/27097278/parties/kendrick-v-chandler/


Judge(s)

McRae, Robert Malcolm Jr. (Tennessee)

Attorney for Plaintiff

Doe, John (Tennessee)

Hurder, Alex (Tennessee)

Kramer, Bruce S. (Tennessee)

Novik, Jack D. (New York)

Attorney for Defendant

Documents in the Clearinghouse

Documents in this case

2:76-cv-00449

Complaint

Sept. 14, 1976

Sept. 14, 1976

Complaint

2:76-cv-00449

Order, Judgment and Decree

Sept. 14, 1978

Sept. 14, 1978

Order/Opinion

Memphis Police Department Policy Revision re: Political Surveillance

No Court

Dec. 20, 2011

Dec. 20, 2011

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/27097278/kendrick-v-chandler/

Last updated Nov. 3, 2026, 3:34 a.m.

Docket for: Kendrick v. Chandler
ECF Number Date Description Link
1 Sept. 10, 1976

ORDER To Show Cause. Signed by Judge Robert McRae, Jr. on 9/10/1976. (jae) (Entered: 03/24/2017)

RECAP
2 Sept. 14, 1976

COMPLAINT against Wyeth Chandler, W. O. Crumby, George W. Hutchison, P. T. Ryan, filed by Chan Kendrick, John Doe, American Civil Liberties Union In West TN, Inc., Mike Honey.(jae) Modified on 3/13/2013 (jae). (Entered: 03/12/2013)

RECAP
3 Sept. 14, 1976

ORDER GRANTING LEAVE TO TAKE DISCOVERY. Signed by Robert M. McRae, Jr. on 9/14/1976. (jae) (Entered: 03/24/2017)

RECAP
4 Sept. 20, 1976

ORDER DISSOLVING TEMPORARY RESTRAINING ORDER AND DENYING TEMPORARY INJUNCTION. Signed by Judge Robert M. McRae, Jr. on 9/20/1976. (jae) (Entered: 03/24/2017)

RECAP
15 March 24, 1978

CONSENT ORDER. Signed on 03/24/1978. (jae) Modified on 3/13/2013 (jae). (Entered: 03/12/2013)

RECAP
16 Sept. 14, 1978

ORDER JUDGMENT AND DECREE. Signed by Judge McRae on 09/14/1978. (jae) (Entered: 03/12/2013)

RECAP
18 Sept. 21, 1978

SELECTED EXPURGATED DOCUMENTS PRODUCED IN DISCOVERY (jae) (Entered: 03/28/2017)

RECAP
19 Nov. 1, 1978

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Deposition of Timothy Ryan, Sr. (Attachments: # 1 part 2 of transcript)(jae) (Additional attachment(s) added on 3/29/2017: # 2 part 9-1 of transcript, # 3 part 9-2 of transcript, # 4 part 10 of transcript, # 5 part 11 of transcript) (jae). (Entered: 03/29/2017)

RECAP
20 Nov. 1, 1978

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Deposition of George W. Hutchinson (Attachments: # 1 part 2 of deposition, # 2 part 3 of deposition, # 3 part 4 of deposition, # 4 part 5 of deposition, # 5 part 6 of deposition)(jae) (Entered: 03/29/2017)

RECAP
21 Nov. 1, 1978

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on Dec 1976 thru Aug 1977 of Ely Arkin (Attachments: # 1 transcript- part 2, # 2 Continued transcript taken on 8/11/1977, # 3 transcript - part 2)(jae) (Entered: 03/27/2017)

RECAP
35 Aug. 1, 1979

ANSWER of Defendants.(jae) (Entered: 03/12/2013)

RECAP
5 March 7, 2017

Public Docket sheet published. (jae) (Entered: 03/07/2017)

RECAP
36 June 9, 2017

MOTION for Attorney Fees by American Civil Liberties union In West TN, Inc., John Doe, Mike Honey, and Chan Kendrick through Bruce Kramer. (jrs) (Entered: 06/09/2017)

RECAP
37 June 9, 2017

JUDGMENT On Decision on motion of plaintiffs for attorney fees and expenses. Signed by Judge Robert McCrae, Jr. on June 3, 1981. (jrs) (Entered: 06/09/2017)

RECAP
38 Sept. 21, 2020

AMENDED JUDGMENT AND DECREE. "MODIFIED KENDRICK DECREE." Signed by Judge Jon Phipps McCalla on 9/21/2020. (joj) (Entered: 09/21/2020)

RECAP

Case Details

State / Territory:

Tennessee

Case Type(s):

Policing

Key Dates

Filing Date: Sept. 10, 1976

Closing Date: Sept. 14, 1978

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of all individuals and organizations who have engaged in constitutionally protected activity and conduct, and who have been subject of investigation by the Domestic Intelligence Unit of the Memphis Police Department.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

City

City of Memphis

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1985

State law

Constitutional Clause(s):

Due Process

Freedom of speech/association

Unreasonable search and seizure

Other Dockets:

Western District of Tennessee 2:76-cv-00449

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Provide antidiscrimination training

Recordkeeping

Required disclosure

Issues

General/Misc.:

Record-keeping

Records Disclosure

Search policies

Recommended Citation