Inside the Supreme Court

Petition to Decision

Papers of Supreme Court Justices on Civil Rights Cases

David Achtenberg

Professor & Law Foundation Scholar

UMKC School of Law

Kansas City, MO 64110-2499

816-235-2382

AchtenbergD@umkc.edu

 

 

 

Monell v. Department of Social Services

Timeline

 

 Part 1
Deciding to Grant Review
First Filings to Grant of Certiorari
Part 2
Briefing, Argument & Initial Consideration
Grant of Certiorari to First Conference
Part 3
Creating a Majority
First Conference to Final Conference
Part 4
Drafting the Opinions
Final Conference to Decision
Part 5
After the Decision
Post Decision Events

 

          Coverage:  This page is a chronological timeline of the Court’s internal discussion and handling of Monell from the petitioner's earliest filings through the announcement of the decision in the case.  The timeline is divided into five sections which can be accessed through the buttons above or the ones in the yellow navigation area.

 

         Accessing Documents:  Each event is linked to all the documents in the Blackmun, Brennan, Marshall, and Powell files (as well as some documents from additional sources) that relate to that event.  To access a document, click on its link.  In the illustration below, you would click the link indicated by the red arrow to access the copy of Justice Powell's Opinion log that was found in his files.  (The links do not work on this illustration.  To experiment, go to the timeline itself.) 

 

   

       

          Duplicate Documents:  When more than one copy of a document was found, I have included and linked all copies.  When a particular justice’s copy of a document contains additional annotations or markings, the link to that copy ends with an asterisk.   In the illustration above, the asterisks at the end of the circled entries indicate that both Justice Marshall and Justice Powell (or their clerks) made notes on their respective copies of the first draft of Justice Brennan's majority opinion.

         Transcripts:   Where I have prepared a transcription of a handwritten document, a link to the transcript is provided in red immediately after the document link. For example, in the illustration below, you would click on the link indicated by the red arrow to view a high resolution copy of Justice Blackmun's Conference Notes, and you would click on the red "Transcript" link to view my transcription of that document.  (The links do not work in this illustration.  To experiment, go to the timeline itself.)

          Abbreviations:  I have abbreviated the names of the justices, their clerks, and a few other persons.  A key to all abbreviations can be accessed by clicking the abbreviations button in the yellow navigation area. 

 

          Dates:  If the date of an event is unclear, estimated or derived, the date is underlined and the date is linked to an explanation. 

 

          Higher Resolution Copies:  Most of the documents are presented in comparatively small pdf files which should be adequate for most uses.  Please let me know if you think that any particular image needs to be replaced with a higher resolution version.  I will also be happy to send higher resolution copies (or original JPEGs) of any images to anyone who needs them.  For further information about how the documents were photographed, edited and converted to pdf files, click here to go to the Image Creation and Conversion Protocol Page

 

          Sources and Citation:  For an explanation of how to determine the original archive location of any document, click here to go to the Document Source Page.

 

 

 

 
 
Monell Timeline—Part 1
Deciding to Grant Review:  First Filings to Grant of Certiorari (5/24/76 - 1/25/77)
    Documents
Event Date HAB WJB TM LFP PS BRW Other
Petitioner files motion for extension of time  05/24/76             Docket
Extension of time granted to 7/9/76 05/25/76             Docket
Cert Petition filed 07/02/76             Cert Petition
            Docket
Cert Petition distributed for Summer List  08/11/76             Docket
EC circulates Pool Memo which discusses various options but does not make a clear recommendation. 08/18/76 Pool Memo*     Pool Memo*       
LFP & LFP clerks annotate Pool Memo  various       Pool Memo*       
RKW annotates Pool Memo for HAB 08/21/76 Pool Memo*            
DJM writes PS recommending holding Monell for Mt. Healthy and calling for a response 8/21/76         Memo DJM to PS    
Court Calls for Response  08/26/76             Docket
Brief in Opposition Filed 12/03/76             Brief in Opposition
            Docket
Redistributed for Conference of 1/7/77 12/09/76             Docket
RKW further annotates Pool Memo for HAB after BIO received 1/1/77              
Petitioner's lawyer (Oscar Chase) writes court alerting it to new decision  01/05/77       Letter OC to Clerk      
RKW further annotates Pool Memo for HAB after letter from Petitioner's lawyer is received. 01/06/77 Pool Memo*            
Discussed in Conference and relisted with Muzquiz (LFP notes as probable grant) 01/07/77   WJB Docket (Vote Record)   LFP Docket (Vote Record)      
JuTAB writes EC indicating that he and DM agree that Court should grant Monell and hold Muzqiz.  EC indicates agreement.  (All three are clerks to Justice Powell) 01/07/77 Memo TAB to EC            
Redistributed for Conference of 1/14/77 01/11/77             Docket
DJM writes PS recommending either (a) to deny certiorari or (b) to grant, vacate and remand with a per curiam finding that Title VII is retroactive and directing further proceedings under Title VII 1/11/77         Memo DJM to PS    
LFP makes handwritten notes re opinions below for discussion at 1/14 cert conference 01/13/77       LFP Notes
[Transcript]
     
Discussed in Conference and relisted with Thurston (and Muzquiz).  (LFP notes court was about to grant until JPS raised an issue.  Now being held for Goltz memo) 01/14/77       LFP Docket (Vote Record)      
Redistributed for conference of 1/21/77 01/18/77             Docket
SAG writes memo to conference on Monell, Thurston, and Muzqiz 01/18/77 Memo SAG to Conf*     Memo SAG to Conf*   Memo SAG to Conf  
DW writes HAB recommending grant in Monell 01/21/77 Memo DW to HAB            
LFP dictates memo to self about Monell and Judge Gerfein's opinion below 01/24/77     Memo LFP to Self      
Discussed in conference and cert granted limited to Question 2.  (WEB votes to deny.  JPS & PS vote to hold for other cases.  Others vote to grant or to grant on Question 2.)     01/24/77   WJB Docket (Vote Record)   LFP Docket (Vote Record) 3 PS Docket on Cert    
Order granting certiorari limited to Question 2 docketed 01/25/77             Docket

 

 

 

 
Monell Timeline—Part 2
Briefing, Argument, and Initial Consideration:
Grant of Certiorari to First Post-Argument Conference (2/15/77 - 11/4/77)
    Documents
Event Date HAB WJB TM LFP PS BRW Other
Time to file petitioner's brief extended to 4/27/77 02/15/77             Docket
Time to file petitioner's brief further extended to 5/11/77 04/08/77             Docket
Brief for Petitioner filed 05/11/77             Brief for Petitioner
            Docket
Appendix filed 05/11/77             Appendix
            Docket
Amicus Brief filed for NEA and Lawyers' Committee for Civil Rights Under Law 05/11/77             NEA Amicus
            Docket
Time to file respondents' brief extended to 7/11/77 06/17/77             Docket
Brief for Respondent Filed 07/12/77             Brief for Respondent
            Docket
Merits briefs circulated 07/22/77             Docket
CGC writes bench memo for BRW suggesting, inter alia, that NEA's historical argument is persuasive but that considerations of stare decisis counsel against overruling Monroe. 09/8/77           Memo CGC to BRW  
KE writes bench memo for HAB suggesting, inter alia, that Monroe was wrongly decided but that considerations of stare decisis counsel against overruling it.  09/20/77 Memo KE to HAB            
PLS writes bench memo for TM 09/21/77     Memo PLS to TM        
HAB makes handwritten notes re Monell briefs and bench memo 09/24/77 HAB Notes
[Transcript]
           
SE writes bench memo for LFP suggesting, inter alia, that Monroe was wrongly decided and that it leads to the ironic result that unconstitutional actions of local governments are not covered even if they are permitted or mandated by state law.  The memo also expresses concern that barring 1983 relief will increase pressure to create a Bivens type of remedy.  10/18/77       Memo SE to LFP      
Petitioner files Reply Brief 10/28/77             Docket
            Reply Brief
KE supplements bench memo for HAB based on Reply Brief  10/29/77 Memo KE to HAB            
SE supplements bench memo for LFP based on Reply Brief 10/29/09       Memo SE to LFP      
Oral Argument 11/02/77 HAB Argument Notes     LFP Argument Notes     Docket
            Transcript
[Transcript]     [Transcript]     Oral Argument Audio
PLS writes post-argument memo to TM 11/03/77     Memo PLS to TM        
LFP prepares notes for conference 11/03/77       LFP Notes      
SE writes memo to LFP for use at conference 11/04/77       Memo SE to LFP      
Monell discussed in conference but no position obtains a majority. 11/04/77 HAB Conference Notes
[Transcript]
WJB Conference Notes
[Transcript]
  LFP Conference Notes
[Transcript]
PS Conference Notes
[Transcript]
   

 

 

 

 

 

 

 

 

 

 

 

 
Monell Timeline—Part 3
Creating a Majority:  First Conference to Second Conference (11/11/77 - 3/6/78)
    Documents
Event Date HAB WJB TM LFP PS BRW Other
LFP writes WEB suggesting that, since there is no firm majority, memoranda on each side would be helpful.   11/11/77 Memo LFP to WEB   Memo LFP to WEB Memo LFP to WEB Memo LFP to WEB Memo LFP to WEB  
WEB writes conference saying he will assign justices to write memoranda.  11/11/77 Memo WEB to Conf   Memo WEB to Conf Memo WEB to Conf Memo WEB to Conf Memo WEB to Conf  
WEB writes WJB asking him to write memorandum  expressing WJB, BRW, TM, and JPS's position.  He will ask WHR to write one expressing WEB, WHR & HAB's position.  WEB says PS and LFP are undecided.   11/12/77     Memo WEB to WJB   Memo WEB to WJB    
HAB Opinion Log     LFP Opinion Log      
WJB writes WEB accepting memo assignment 11/14/77     Memo WJB to WEB Memo WJB to WEB   Memo WJB to WEB  
WJB promises WHR that he will have a draft memo within a week 11/28/77   Memo WJB to WHR 1-9-78          
WJB sends WHR  first non-circulating draft of WJB's memorandum. (No copy of this draft has been located.) 01/09/78   Memo WJB to WHR
(no copy of draft located)
         
WJB resends WHR first non-circulating draft of WJB's memorandum. (No copy of this draft has been located.) 01/16/78   Note on Memo WJB to WHR
(no copy of draft located)
         
WHR sends WJB non-circulating draft of WHR's memorandum.  Date
Uncertain
  WHR 1st Draft Memorandum          
WJB sends Conf 1st circulated draft of WJB memorandum.   01/30/78 WJB 1st Circulated Draft Memorandum   WJB 1st Circulated Draft Memorandum WJB 1st Circulated Draft Memorandum* WJB 1st Circulated Draft Memorandum WJB 1st Circulated Draft Memorandum  
HAB Opinion Log     LFP Opinion Log      
WHR sends Conf 2d Draft Memorandum 01/31/78 WHR 2d Draft Memorandum* WHR 2d Draft Memorandum WHR 2d Draft Memorandum WHR 2d Draft Memorandum* WHR 2d Draft Memorandum WHR 2d Draft Memorandum  
HAB Opinion Log     LFP Opinion Log      
SE sends memo to LFP re WJB and WHR memoranda (with marked excerpts from Congressional Globe).  SE proposes joining WJB in finding that cities can be sued but only if the city itself was at fault and wants to convince WJB to limit Monroe to its facts rather than overrule it.  SE wants cities to have defense if constitutional violation was not clearly established.   02/01/78       Memo SE to LFP      
SE sends follow up memo to LFP re WJB and WHR memoranda arguing that WHR's argument based on fear of damage to cities' treasuries is not supported by the history.   02/03/78       Memo SE to LFP      
CGC writes memo to BRW commenting on WJB and WHR memoranda.  CGC agrees that Monroe was wrongly decided but recommends not overruling it because of stare decisis concerns.  Instead, CGC recommends permitting suits against officials in their official capacities requiring them to pay judgments from city funds but only if the official was acting pursuant to official policy.  02/03/78           Memo CGC to BRW  
CGC writes follow up memo to BRW further discussing the views expressed in WHR's memorandum 02/03/78           Memo CGC to BRW(2)  
KE sends memo to HAB suggesting that HAB wait until other justices circulate responses.  02/10/78 Memo KE to HAB            
WEB writes WHR stating that he is willing to join opinion patterned on WHR's 1/31/78 memorandum 02/13/78 Memo WEB to WHR Memo WEB to WHR Memo WEB to WHR Memo WEB to WHR Memo WEB to WHR Memo WEB to WHR  
HAB Opinion Log     LFP Opinion Log      
SE prepares draft of memo to be sent by LFP to PS expressing LFP's views on Section 1983 in general and this case in particular. 02/19/78       Draft Memo
LFP to PS
     
LFP dictates and modifies rough draft memo to Conference 02/20/78       Rough Draft Memo
 LFP to Conf
     
LFP prepares but does not circulate "First Draft" memo to Conference expressing views. 02/21/78       Draft Memo LFP to Conf      
LFP prepares Draft Memo to Conference and sends it to PS (but not to conference)  02/21/78       Draft Memo
LFP to Conf
Draft Memo LFP to Conference    
RSL sends memo to PS regarding their discussions before the conference and "last night."  RSL urges overruling Monroe even though PS is concerned about decisions unwisely expanding 1983.  02/22/78         Memo RSL to PS    
 PS sends handwritten note to LFP expressing agreement with LFP's Draft Memo 02/22/78       Memo PS to LFP      
      Memo PS to LFP
(2d copy)
     
LFP sends memo to conference discussing WJB and WHR memoranda 02/23/78 Memo LFP to Conf* Memo LFP to Conf Memo LFP to Conf Memo LFP to Conf Memo LFP to Conf Memo LFP to Conf  
      Memo LFP to Conf
(2d Copy)
     
WJB  writes to LFP responding to LFP's concerns about WJB's 1/30 draft  02/23/78 Memo WJB to LFP Memo WJB to LFP Memo WJB to LFP Memo WJB to LFP Memo WJB to LFP Memo WJB to LFP  
JPS sends memo to conference commenting on WJB, WHR, and LFP memoranda and suggesting need for further discussion 02/23/78 Memo JPS to Conf Memo JPS to Conf Memo JPS to Conf Memo JPS to Conf Memo JPS to Conf Memo JPS to Conf  
PS writes WEB suggesting that case be discussed in conference on  2/24/78.  02/23/78 Memo PS to WEB  Memo PS to WEB  Memo PS to WEB  Memo PS to WEB Memo PS to WEB Memo PS to WEB  
WEB responds to PS saying that others can discuss the case on 2/24/78 conference but he will not be ready.  02/23/78 Memo WEB to Conf Memo WEB to Conf Memo WEB to Conf Memo WEB to Conf Memo WEB to Conf Memo WEB to Conf  
KE writes HAB recommending joining the "Powell-Brennan" approach 02/23/78 Memo KE to HAB            
Case apparently was not discussed at 2/24 conference. 02/24/78              
BRW writes WJB expressing tentative view that cities should be suable.  BRW  prefers to avoid overruling Monroe and to not decide the immunity issue.   02/25/78 Memo BRW to WJB Memo BRW to WJB Memo BRW to WJB Memo BRW to WJB Memo BRW to WJB Memo BRW to WJB  
WEB writes to conference proposing that Monell (as well as Baake, Butz, and Bankers Trust) be discussed at 3/6 conference 02/27/78   Memo WEB to Conf          
WHR delivers rough draft of memo to LFP (but not to the conference) responding to LFP's 2/23 memo. 03/05/78       Draft Memo LFP to Conf      
SE writes memo to LFP providing response points to WHR's 3/5/78 draft memo 03/05/78       Memo SE to LFP      
LFP prepares notes for conference of 3/6 03/05/78       LFP Notes to Self      
HAB writes memo to conference stating that he is inclined to overrule Monroe or limit it to its facts and would avoid deciding immunity issues 03/06/78 Memo HAB to Conf   Memo HAB to Conf Memo HAB to Conf* Memo HAB to Conf Memo HAB to Conf  
WHR sends memo to conference responding to LFP's 2/23 memo. 03/06/78 Memo WHR to Conf Memo WHR to Conf Memo WHR to Conf Memo WHR to Conf   Memo WHR to Conf  
Case discussed in conference and 7 vote tentatively to affirm with WEB & WHR dissenting 03/06/78 HAB Conference Notes WJB Conference Notes
[Transcript]
  LFP Conference Notes
[Transcript]
     
[Transcript] WJB Docket (Vote Record)          
LFP writes memo to file explaining why he is not recusing himself 03/06/78       Memo LFP to File      
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
Monell Timeline—Part 4
Drafting Opinions: Assignment of Opinions to Announcement of Decision  (3/6/78 -  6/6/78)
    Documents
Event Date HAB WJB TM LFP PS BRW Other
WJB assigns majority opinion to himself.  (He also assigns Butz v. Economou to BRW.) 03/06/78 HAB Opinion Log     LFP Opinion Log Memo WJB to WEB Memo WJB to WEB  
WEB writes WHR assigning him the dissent 03/13/78 Memo WEB to WHR Memo WEB to WHR Memo WEB to WHR Memo WEB to WHR Memo WEB to WHR Memo WEB to WHR  
HAB Opinion Log            
WJB circulates 1st draft of opinion 04/04/78     WJB 1st Draft* WJB 1st Draft* WJB 1st Draft WJB 1st Draft*  
HAB Opinion Log     LFP Opinion Log      
TM notes that he will join WJB 1st draft opinion 04/04/78     WJB 1st Draft*        
WJB recirculates 1st draft of opinion  04/05/78 HAB Opinion Log            
TM writes WJB that he will join WJB first draft. 04/05/78 Memo TM to WJB Memo TM to WJB Memo TM to WJB Memo TM to WJB Memo TM to WJB Memo TM to WJB  
HAB Opinion Log     LFP Opinion Log      
SE writes memo to LFP commenting on WJB's 1st draft.  SE suggests that LFP urge certain changes and also write a concurring opinion discussing stare decisis and arguing for municipal qualified immunity. 04/05/78       Memo SE to LFP      
LFP reviews and annotates WJB 1st draft opinion.  (SE also annotates) 04/07/78       WJB 1st Draft*      
JPS writes WJB stating that he will jloin Parts I-A, I-B, most of I-C, and II-A, but will not join Parts II-B, II-C, or III.  He also cannot join in the "full power" argument in I-C.   04/10/78 Memo JPS to WJB Memo JPS to WJB Memo JPS to WJB Memo JPS to WJB* Memo JPS to WJB Memo JPS to WJB  
      Memo JPS to WJB
(2d copy)
     
WJB responds to JPS memo 04/10/78 Memo WJB to JPS Memo WJB to JPS Memo WJB to JPS Memo WJB to JPS* Memo WJB to JPS Memo WJB to JPS  
      Memo WJB to JPS
(2d Copy)
     
KE writes memo to HAB agreeing with JPS critique of WJB 1st draft 04/10/78 Memo KE to HAB            
BRW makes a few notes on WJB's draft.  04/10/78           WJB 1st Draft*  
LFP writes WJB commenting on WJB 1st draft and suggesting changes 04/11/78 Memo LFP to WJB Memo LFP to WJB Memo LFP to WJB Memo LFP to WJB Memo LFP to WJB Memo LFP to WJB  
BRW or Clerk prepares typewritten draft of memo to WJB.  (See 4/12 for final version.) 04/11/78           Draft Memo BRW to WJB  
BRW writes WJB expressing views about WJB 1st draft and proper line between official policy for which city should be liable and vicarious liability for which it should not.  He also expresses agreement with LFP on certain points.   04/12/78 Memo BRW to WJB Memo BRW to WJB Memo BRW to WJB Memo BRW to WJB Memo BRW to WJB Memo BRW to WJB  
JPS writes WJB enclosing marked copies of excerpts from Monroe Brief and arguing that WJB has misinterpreted that brief's respondeat superior arguments  04/12/78 Memo JPS to WJB Memo JPS to WJB Memo JPS to WJB Memo JPS to WJB Memo JPS to WJB Memo JPS to WJB  
Monroe Brief Excerpts   Monroe Brief Excerpts   Monroe Brief Excerpts Monroe Brief Excerpts  
      Memo JPS to WJB
(2d copy)
     
WJB writes BRW, LFP, and JPS saying he will circulate a draft to accommodate their concerns 04/13/78 Memo WJB to
BRW, LFP & JPS
Memo WJB to
BRW, LFP & JPS
Memo WJB to
BRW, LFP & JPS
Memo WJB to
BRW, LFP & JPS
Memo WJB to
BRW, LFP & JPS
Memo WJB to
BRW, LFP & JPS
 
SE writes memo to LFP commenting on BRW and JPS's memos.  He also passes on WJB's chambers' unhappiness that LFP might write separately about immunity.   04/13/78       Memo SE to LFP      
WHR circulates 1st Draft dissent 04/14/78 HAB Opinion Log WHR 1st Draft WHR 1st Draft WHR 1st Draft* WHR 1st Draft WHR 1st Draft  
      LFP Opinion Log      
SE annotates WHR dissent and suggests that LFP should write concurrence  04/14/78       WHR 1st Draft*      
WJB Circulates 2nd Draft Opinion 04/21/78 Memo WJB to Conf Memo WJB to Conf Memo WJB to Conf Memo WJB to Conf Memo WJB to Conf Memo WJB to Conf  
WJB 2d Draft* WJB 2d Draft WJB 2d Draft WJB 2d Draft* WJB 2d Draft* WJB 2d Draft*  
HAB Opinion Log WJB 2d Draft (partial)*   LFP Opinion Log      
SE recommends LFP join WJB 2d Draft but suggests further changes 04/22/78       Memo SE to LFP      
PS makes several notes on WJB 2nd Draft. 04/23/78         WJB 2d Draft*    
BRW makes two notes WJB 2nd Draft. 04/23/78           WJB 2d Draft*  
LFP prepares draft letter to WJB and asks for SE's comments  04/24/78       Memo LFP to SE
(No copy of actual letter  located)
     
LFP asks SE to prepare draft concurrence 04/24/78       Memo LFP to SE      
PS writes WJB expressing "considerable concern" about WJB 2d Draft 04/24/78 Memo PS to WJB Memo PS to WJB Memo PS to WJB Memo PS to WJB* Memo PS to WJB Memo PS to WJB  
WJB responds to PS concerns about WJB 2d Draft 04/25/78 Memo WJB to PS* Memo WJB to PS Memo WJB to PS Memo WJB to PS* Memo WJB to PS Memo WJB to PS  
      Memo WJB to PS
(2d copy)
     
HAB reviews and annotates WJB 2d Draft noting some reservations but will let "PS battle this out." 4/25/78 WJB 2d Draft*            
SE writes note to LFP indicating that PS is still "troubled" by WJB 2d Draft 04/25/78       Memo SE to LFP      
LFP drafts but does not send memo to WJB outlining continued areas of concern about WJB 2d Draft 04/25/78       Unsent Draft Memo LFP to WJB      
PS or clerk prepares draft of memo replying to WJB's 4/25 response.  PS hand edits the draft 04/26/78         Draft Memo PS to WJB    
JPS writes WJB stating that he will  not join parts II & IV of WJB 2d Draft and will write concurrence 04/26/78 Memo JPS to WJB* Memo JPS to WJB Memo JPS to WJB Memo JPS to WJB Memo JPS to WJB Memo JPS to WJB  
PS writes WJB stating that WJB's 4/25 response reveals deep differences between their positions requiring PS to file a statement declining to join Part II.   04/26/78 Memo PS to WJB Memo PS to WJB Memo PS to WJB Memo PS to WJB Memo PS to WJB Memo PS to WJB  
WHR circulates 2d Draft Dissent 04/26/78 WHR 2d Draft* WHR 2d Draft WHR 2d Draft WHR 2d Draft* WHR 2d Draft WHR 2d Draft  
HAB Opinion Log     LFP Opinion Log
(gives 4/28 date)
     
SE annotates LFP's copy of  PS's 4/26 memo to WJB and recommends that LFP not join in PS's refusal to join Part II 04/27/78       Memo PS to WJB*      
JPS circulates 1st Draft Concurrence  04/27/78   JPS Draft Concurrence JPS Draft Concurrence JPS Draft Concurrence JPS Draft Concurrence JPS Draft Concurrence  
HAB Opinion Log     LFP Opinion Log      
HAB writes WJB stating that he agrees essentially with PS & JPS  04/27/78 Memo HAB to WJB Memo HAB to WJB Memo HAB to WJB Memo HAB to WJB Memo HAB to WJB Memo HAB to WJB  
      Memo HAB to WJB (2d Copy)*      
BRW writes WJB stating that he intends to join and suggests minor changes. 04/29/78 Memo BRW to WJB* Memo BRW to WJB* Memo BRW to WJB Memo BRW to WJB Memo BRW to WJB Memo BRW to WJB*  
BRW states (to WJB only) his understanding of limits on municipal liability for deliberate indifference and negligence. 04/29/78   Memo BRW to WJB*       Memo BRW to WJB*  
SE prepares draft concurrence for LFP. 
(No copy found.  The listed document  refers to the draft)
05/01/78       Memo LFP to SE 5/8/78      
LFP prepares draft memo to WJB (unsent in this form) 05/01/78       Draft Memo LFP to WJB      
LFP writes WJB requesting further revisions of WJB 2d Draft 05/01/78 Memo LFP to WJB* Memo LFP to WJB Memo LFP to WJB Memo LFP to WJB Memo LFP to WJB Memo LFP to WJB  
      Memo LFP to WJB (2d Copy)      
PS writes handwritten memo to LFP only stating that he will not join in Part II of WJB's draft but that he appreciates LFP's efforts to limit that part.   05/01/78       Memo PS to LFP      
WJB writes LFP explaining how he will accommodate LFP's request for changes 05/02/78 Memo WJB to LFP* Memo WJB to LFP Memo WJB to LFP Memo WJB to LFP* Memo WJB to LFP Memo WJB to LFP  
      Memo WJB to LFP
(2d copy)*
     
SE writes LFP discussing WJB's proposed accommodations and recommends accepting the draft with those changes 05/02/78       Memo SE to LFP      
WJB circulates 3d Draft Opinion 05/04/78 Memo WJB to Conf   Memo WJB to Conf* Memo WJB to Conf* Memo WJB to Conf Memo WJB to Conf  
WJB 3d Draft* WJB 3d Draft WJB 3d Draft WJB 3d Draft WJB 3rd Draft WJB 3rd Draft*  
HAB Opinion Log            
SE types note to LFP (on WJB's 5/4 memo) pointing out one previously unrecognized problem with the language. 05/04/78    
 
Memo WJB to Conf*      
   
 
Attached Pages      
LFP writes WJB stating that he is willing to join but appends (on WJB & LFP copies only) a note requesting one more change  05/05/78 Memo LFP to WJB Memo LFP to WJB* Memo LFP to WJB Memo LFP to WJB* Memo LFP to WJB Memo LFP to WJB  
HAB Opinion Log     LFP Opinion Log      
TM to WJB: Joins and hopes no further changes needed 05/05/78 Memo TM to WJB Memo TM to WJB Memo TM to WJB Memo TM to WJB Memo TM to WJB Memo TM to WJB  
HAB Opinion Log   LFP Opinion Log        
KE writes HAB indicating that WJB 3d draft eliminates previous concerns, discussing JPS's position, and indicating (per SE) that LFP will write concurrence which HAB might think about joining 05/05/78 Memo KE to HAB            
BRW annotates WJB 3rd Draft indicating he is comfortable with it and will join.  05/08/78 WJB 3rd Draft*
BRW writes WJB that he will join 05/08/78 Memo BRW to WJB Memo BRW to WJB Memo BRW to WJB Memo BRW to WJB Memo BRW to WJB Memo BRW to WJB  
HAB Opinion Log     LFP Opinion Log      
LFP writes SE commenting on  SE's 5/1 draft of concurrence and asks for changes 05/08/78       Memo LFP to SE      
LFP prepares "rider" to concurring opinion (similar to 1st paragraph of final opinion) 05/08/78       LFP Draft "Rider"      
SE prepares LFP Chambers Draft of Concurrence  05/09/78       LFP Concurrence Chambers Draft      
LFP edits Chambers Draft of Concurrence 05/13/78       LFP Concurrence Chambers Draft with LFP Edits      
SE revises Chambers Draft of Concurrence making some of LFP propose changes 05/15/78       Memo SE to LFP      
      LFP Concurrence Chambers Draft 2      
PS writes WJB stating he will join 05/15/78 Memo PS to WJB Memo PS to WJB Memo PS to WJB Memo PS to WJB Memo PS to WJB Memo PS to WJB  
HAB Opinion Log     LFP Opinion Log      
LFP  Concurrence 1st Draft prepared 05/16/78       LFP Concurrence 1st Draft*      
      LFP Opinion Log      
LFP circulates LFP Concurrence 1st Draft  05/17/78 LFP Concurrence 1st Draft*   LFP Concurrence 1st Draft LFP Concurrence 1st Draft* LFP Concurrence 1st Draft LFP Concurrence 1st Draft  
HAB Opinion Log            
HAB writes WJB that he will join 05/17/78 Memo HAB to WJB Memo HAB to WJB Memo HAB to WJB Memo HAB to WJB Memo HAB to WJB Memo HAB to WJB  
HAB Opinion Log   LFP Opinion Log        
WJB circulates 4th Draft Opinion 05/18/78   WJB 4th Draft WJB 4th Draft WJB 4th Draft WJB 4th Draft WJB 4th Draft  
HAB Opinion Log WJB 4th Draft
(copy 2)
  LFP Opinion Log      
Syllabus Draft Circulated 05/18/78   Syllabus Draft          
KE writes HAB re  LFP draft concurrence 05/19/78 Memo KE to HAB            
WHR circulates 3d Draft Dissent 05/23/78 HAB Opinion Log WHR 3d Draft Dissent WHR 3d Draft Dissent WHR 3d Draft Dissent WHR 3rd Draft Dissent WHR 3rd Draft Dissent  
      LFP Opinion Log
(gives 5/28 as date)
     
Marc Richman circulates memo to conference re cases being held for Monell 05/23/78 Memo MR to Conf            
LFP writes conference explaining revisions to his concurrence to respond more fully to WHR's dissent 05/24/78 Memo LFP to Conf   Memo LFP to Conf Memo LFP to Conf Memo LFP to Conf Memo LFP to Conf  
HAB Opinion Log            
LFP circulates LFP Concurrence 2d Draft  05/25/78 HAB Opinion Log LFP Concurrence 2d Draft LFP Concurrence 2d Draft LFP Concurrence 2d Draft LFP Concurrence 2d Draft LFP Concurrence 2d Draft  
      LFP Opinion Log      
WEB writes WHR that he will join dissent 05/31/78 Memo WEB to WHR Memo WEB to WHR Memo WEB to WHR Memo WEB to WHR Memo WEB to WHR Memo WEB to WHR  
      LFP Opinion Log      
WJB prepares notes for oral delivery of opinion 06/05/78   WJB Notes           
Opinion and Syllabus  issued 06/06/78   Syllabus and Opinion         Docket
WJB delivers opinion orally in Court 06/06/78             Docket
            Audio

 

 

Monell Timeline—Part 5
After the Decision: Post-Decision Events (6/6/78 - 10/25/80)
    Documents
Event Date HAB WJB TM LFP PS BRW Other
WJB notes newspapers report  06/06/78   Wash Star Clipping          
LFP notes newspapers reports  06/07/78       Various Clippings      
WJB makes recommendations to conference re cases held for Monell 06/13/78 Memo WJB to Conf* Memo WJB to Conf          
WHR writes to conference expressing concern about possible leak about WHR's chambers calling for the record in a Monell related case 06/14/78 Memo WHR to Conf            
WEB writes WHR promising a "swift and final solution" if the leaker is identified.   06/14/78 Memo WEB to WHR            
David Stewart writes memo to LFP criticizing concurrence in Monell (This document is located in LFP's  files on Owen v City of Independence.  Stewart was LFP's clerk who worked on that case.) 08/18/80       Memo DOS to LFP    
SE writes letter to LFP discussing David Stewart memo 10/13/80       Letter SE to LFP      
SE writes memo to LFP discussing David Stewart Memo 10/15/80       Memo SE to LFP      
LFP writes SE explaining that he still thinks he was right to join Monell but that he was "taken" by some of the conversations at the time.   10/25/80       Letter LFP to SE      
DS writes LFP enclosing draft law review article  criticizing Monell. 11/4/82       Memo DS to LFP      
 

 

 
Notes to Timeline Dates
8/21/1976: Date estimated based date petition circulated, date of pool memo, and date of CFR.
1/13/1977: Date estimated based on date of conference.
11/28/1977: Date determined based on handwritten note on 1/9/78 memo.  
1/16/1978: Date determined based on handwritten note on 1/9/78 memo.
2/3/1978: Date estimated based on dates of WJB & WHR memoranda and dates of memos from other clerks
2/3/1978(2): Authorship attributed to CGC based on its similarity to the memo to BRW dealing with WJB's memorandum.  Date estimated based on CGC's memo to BRW dealing with WJB's memorandum.
2/22/1978: Date estimated based on reference to discussions "last night" (compare handwritten note from PS to LFP) and based on dates of other memos.
2/22/1978(2): Date estimated based on LFP's sending draft to PS on 2/21, note's internal reference to discussing case on Friday, and PS's 2/23 memo to WEB. 
4/10/78: Date of BRW's notes estimated.
4/11/78: Date estimated based on dates of WJB draft and  BRW memo.
4/12/1978:  The photocopied excerpts are adjacent to JPS's memo in the BRW files and attached to the memo in the PS files.  In addition, the context suggests that they were enclosed with the memo. 
4/23/78: Date estimated based on date of draft and date of PS's memo to WJB expressing concerns
4/26/78: Date estimated based on date of WJB's 4/25 memo and the date of the circulated final version of this draft
5/8/78: Date estimated based on WJB 3rd draft and BRW's join memo. 
5/19/1978:  Date estimated based on date of LFP's draft concurrence.
6/5/1978: Date estimated based on date of delivery of opinion.
10/1/1980:  Date estimated based on SE's letter of 10/15/1980.
10/13/1980:  Date is uncertain because the dates in this document are inconsistent.  It was stamped (probably indicating received) on 10/20.  It is dated 10/13, but it refers to a memo that is dated 10/15.
11/4/1982:  Date based on handwritten note by LFP.