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

Allen v. McCurry

Timeline

          Coverage:  This page is a chronological timeline of the Court’s internal discussion and handling of Allen from the petitioner's earliest filings through the announcement of the decision in the case.  The timeline is divided into four 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 which is not from the Allen files.  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.

          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.

	Allen Timeline—Part 1
	Deciding to Grant Review: First Filings to Grant of Certiorari (12/14/79 -02/19/80 )
			Documents
	Event	Date	HAB	WJB	TM	LFP	PS	BRW	Other
	Petition for Certiorari filed	12/14/79							Docket Petition
	Respondent moves leave to proceed in forma pauperis	01/09/80							Docket Motion
	Brief in Opposition filed	01/09/80							Docket BIO
	Petition for certiorari distributed to chambers for consideration at February 15, 1980 cert conference	01/16/80							Docket
	PLS (WEB Clerk) circulates memo to pool suggesting that the court grant cert but raising possibility of case being mooted.	01/21/80	Memo PLS to Pool*			Memo PLS to Pool*
	JBS (LFP Clerk) writes memo to LFP suggesting voting to grant cert.	01/25/80				Memo JBS to LFP*
	PDH (HAB Clerk) annotates pool memo arguing that the Court of Appeals was correct but that the court may still want to grant to resolve the issue.	01/25/80	Memo PLS to Pool*
	SBG (PS Clerk) writes cert memo to PS recommending  granting cert and suggesting that collateral estoppel might not be appropriate in 1983 cases unless the party to be estopped has had an opportunity to litigate issue in federal court.	01/25/80					Memo SPG to PS
	SPG adds additional paragraph to  cert memo pointing out that state supreme court has not resolved issue on direct appeal, and that its decision might moot the case.	01/28/80					Memo SPG to PS
	HAB reviews and further annotates pool memo.	01/29/80	Memo PLS to Pool*
	LFP reviews JBS memo and annotates it and the pool memo. LFP indicates probable vote to grant.	02/10/80				Memo PLS to Pool Memo JBS to LFP
	Case discussed in certiorari conference.   WJB, BRW, HAB, LFP, & WHR vote to grant.  TM & JPS vote to deny.  WEB joins 3.  PS would hold the case for the state case which could moot the issue.	02/15/80	HAB Docket	WJB Docket		LFP Docket	PS Docket	BRW Docket
	In certiorari conference, BRW expresses view that court of appeals was trying to do an end run around Stone v. Powell and that the case raises an important issue.  WHR says that court of appeals was simply wrong.	02/15/80				LFP Docket
	Order issued granting respondent leave to proceed in forma pauperis and granting petition for certiorari.	02/19/80							Docket
	Allen Timeline—Part 2
	Briefing, Argument & Decision on the Merits (02/21/80 - 10/14/80)
			Documents
	Event	Date	HAB	WJB	TM	LFP	PS	BRW	Other
	Franklin Ferris (St. Louis County Circuit Judge) writes letter to WEB (copies to each justice) with attached newspaper clipping.  He expresses the view that the case load of federal courts could be decreased by giving collateral estoppel effect to state court judgments in 1983 cases and urges adoption of that position.	02/21/80	Letter F Ferris to WEB
	Court extends time for filing the appendix and petitioners' brief on the merits until April 14, 1980.	03/13/80							Docket
	Petitioner files motion to dispense with printing the appendix	03/13/80							Docket
	Motion to dispense with printing appendix circulated to court for consideration at conference on April 11, 1980	03/19/80							Docket
	Senior Legal Counsel RSM writes memo to conference describing status of motion to dispense with printing the appendix and describing motion as "appropriate."	03/31/80	Memo RSM to Conf			Memo RSM to Conf
	Americans for Effective Law Enforcement et al file amicus brief supporting petitioner.	04/04/80							Docket AELE Brief
	Court extends time for filing the appendix and petitioners' brief on the merits to May 5, 1980.	04/04/80							Docket
	MR (HAB Clerk) annotates RSM memo and recommends granting motion to dispense with printing appendix.	04/07/80	Memo RSM to Conf
	JS (LFP Clerk) annotates RSM memo and recommends granting motion to dispense with printing appendix.	04/07/80				Memo RSM to Conf
	LFP annotates RSM memo indicating he will vote to grant.	04/11/80				Memo RSM to Conf
	Court votes on motion to dispense with printing appendix and grants motion (But see LFP's docket which appears to indicate the vote was unanimous to deny.)	04/11/80				LFP Docket re Motion			Docket
	Court issues order granting motion to dispense with printing appendix.	04/14/80							Docket Court Order
	Petitioner files brief on the merits	05/02/80							Docket Petitioner Brief
	Court extends time for filing of respondent's brief on the merits to July 5, 1980	05/23/80							Docket
	Respondent files brief on the merits	06/30/80							Docket Respondent Brief
	Motion to permit Andrew Purzer to argue pro hac vice for respondent filed	07/03/80							Docket
	ACLU of Eastern Missouri files amicus brief supporting respondent	07/07/80							Docket ACLU Brief
	GPM (BRW Clerk) writes memo to BRW recommending applying collateral estoppel and reversing.	07/16/80						Memo GPM to BRW
	Briefs circulated to chambers	08/12/80							Docket
	PWC (LFP clerk) writes memo to LFP recommending applying collateral estoppel and reversing.	08/12/80				Memo PWC to LFP
	Motion to permit Andrew Purzer to argue pro hac vice for respondent withdrawn.	09/10/80							Docket
	SGL (HAB clerk) writes memo to HAB arguing against collateral estoppel effect in this situation and recommends affirming.	09/11/80	Memo SGL to HAB
	SGL submits proposed questions for oral argument to HAB.	09/11/80	Memo SGL to HAB
	LFP reviews and extensively annotates PWC's 8/12 memo.	09/17/80				Memo PWC to LFP
	HAB prepares notes for oral argument including a table of arguments for and against applying collateral estoppel in the case.  (These notes may have annotations made during oral argument. See 10/08/80.)	09/17/80	Pre-Argument Notes
	HAB prepares additional questions for oral argument.  (These questions may have annotations made during oral argument.  See 10/08/80.)	09/17/80	HAB Questions for Oral Argument
	Petitioner files Reply Brief	09/26/80							Docket Reply Brief
	AO (TM Clerk) writes memo to TM arguing against collateral estoppel effect in this situation and recommends voting to affirming. AO doubts that the position will muster a majority.	10/06/80			Memo AO to TM
	Case argued.	10/08/80	HAB Oral Argument Notes HAB Questions for Oral Argument Pre-Argument Notes			LFP Oral Argument Notes			Docket Oral Argument Audio & Transcript
	PWC writes memo to LFP re arguments to be made at conference in favor of applying collateral estoppel	10/09/80				Memo PWC to LFP(1)
	PWC writes additional memo to LFP re whether applying collateral estoppel would be inconsistent with Stone v. Powell	10/09/80				Memo PWC to LFP (2)
	LFP prepares notes for upcoming conference	10/09/80				LFP Pre-Conference Notes
	Court discusses case in conference and votes 6-3 to reverse,  WJB, TM, and HAB dissenting	10/10/80	HAB Conference Notes HAB Docket	WJB Conference Notes WJB Docket		LFP Conference Notes	PS Conference Notes
	WEB assigns opinion to PS	10/11/80	HAB Circ Record			LFP Tracking Sheet	WEB Assignment Memo PS Assignment List PS Tracking Sheet
	WJB writes HAB asking if he will write dissent	10/14/80	Memo WJB to HAB		Memo WJB to HAB		Memo WJB to HAB
	HAB writes WJB agreeing to write dissent.	10/14/80	Memo HAB to WJB		Memo HAB to WJB
	Allen Timeline—Part 3
	Drafting the Opinions: From First Drafts to Final Opinions (11/04/80 - 12/09/80)
			Documents
	Event	Date	HAB	WJB	TM	LFP	PS	BRW	Other
	PS circulates first draft of opinion.	11/04/80		PS 1st Draft	PS 1st Draft		PS 1st Draft	PS 1st Draft
	HAB writes PS that he will be writing dissent.	11/04/80	Memo HAB to PS	Memo HAB to PS	Memo HAB to PS	Memo HAB to PS	Memo HAB to PS	Memo HAB to PS
	PWC writes memo to LFP suggesting joining PS opinion. However, PWC expresses concern about note 24 and suggests the opinion could be strengthened by explicitly relying on 28 USC 1738 and stating that state preclusion law should apply.	11/04/80				Memo PWC to LFP
	LFP suggests to PWC that he revise PS opinion in accordance with PWC's memo.	11/05/80				Memo PWC to LFP
	PWC writes LFP suggesting that revising PS's opinion would involve substantial redrafting and that he is not sure it is "worth making a fuss about."	11/05/80				Memo PWC to LFP
	BRW writes PS that he will join the opinion.	11/06/80	Memo BRW to PS	Memo BRW to PS	Memo BRW to PS	Memo BRW to PS	Memo BRW to PS	Memo BRW to PS
	JPS writes PS that he will join the opinion.	11/06/80	Memo JPS to PS	Memo JPS to PS	Memo JPS to PS	Memo JPS to PS	Memo JPS to PS	Memo JPS to PS
	WHR writes PS that he will join the opinion.	11/06/80	Memo WHR to PS	Memo WHR to PS	Memo WHR to PS	Memo WHR to PS	Memo WHR to PS	Memo WHR to PS
	TM writes PS that he awaits the dissent.	11/06/80	Memo TM to PS	Memo TM to PS	Memo TM to PS	Memo TM to PS	Memo TM to PS	Memo TM to PS
	PS circulates second draft of opinion with revised note 24.	11/06/80	PS 2d Draft*	PS 2d Draft	PS 2d Draft		PS 2d Draft (1) PS 2d Draft (2)	PS 2d Draft
	Case is listed as a circulating opinion for discussion in the conference on November 7	11/07/80					Circulating Opinion Memo
	LFP writes PS that he will join the opinion.	11/17/80	Memo LFP to PS	Memo LFP to PS	Memo LFP to PS	Memo LFP to PS*	Memo LFP to PS	Memo LFP to PS
	HCL writes PS about syllabus.	11/18/80					Memo HCL to PS
	PS responds to PS about changes in syllabus	11/19/80					Memo PS to HCL
	WEB writes PS that he will join the opinion.	11/21/80	Memo WEB to PS	Memo WEB to PS	Memo WEB to PS	Memo WEB to PS	Memo WEB to PS	Memo WEB to PS
	HAB circulates first draft of dissent	11/21/80	HAB 1st Draft		HAB 1st Draft		HAB 1st Draft	HAB 1st Draft
	PS circulates third draft of opinion.  Draft responds to dissent with additions to footnotes 5 and 7 and a new footnote 17.	11/25/80			PS 3rd Draft		PS 3rd Draft	PS 3rd Draft
	SGL writes memo to HAB commenting on PS third draft and suggests that changes will not necessitate changes in HAB's dissent.	11/26/80	Memo SGL to HAB
	WJB writes HAB that he will join the dissent	11/26/80	Memo WJB to HAB	Memo WJB to HAB	Memo WJB to HAB	Memo WJB to HAB	Memo WJB to HAB	Memo WJB to HAB
	HAB writes WJB re PS third draft's changes in response to dissent, suggesting that PS has narrowed the opinion and that the dissent can stand as is.  HAB notes that "SGL OKs" this memo.	11/28/80	Memo HAB to WJB
	WJB writes HAB indicating that he agrees that PS's third draft does not require changes in the dissent.	12/01/80	Memo WJB to HAB	Memo WJB to HAB
	HAB circulates second draft of dissent (only non-stylistic change is addition of WJB as joining)	12/01/80	HAB 2nd Draft	HAB 2nd Draft	HAB 2nd Draft*		HAB 2nd Draft	HAB 2nd Draft
	TM writes HAB that he will join the dissent	12/01/80	Memo TM to HAB	Memo TM to HAB	Memo TM to HAB	Memo TM to HAB	Memo TM to HAB	Memo TM to HAB
	HAB notes on his copy of the second draft dissent that TM has joined the dissent	12/01/80	Memo TM to HAB
	PS circulates fourth draft of opinion making only minor changes.	12/03/80		PS 4th Draft	PS 4th Draft		PS 4th Draft	PS 4th Draft
	WEB circulates memo to conference indicating that five cases, including Allen, will be announced on December 9.	12/05/80					Memo WEB to Conf
	PS marks copy of fourth draft to use for oral announcement of opinion.	12/08/80					PS Announcement Copy
	Opinion Announced.	12/09/80					Memo WEB to Conf		Docket Announcement
	Allen Timeline—Part 4
	After the Decision: Post-Decision Events  (12/11/80 - 02/03/81)
			Documents
	Event	Date	HAB	WJB	TM	LFP	PS	BRW	Other
	PS circulates memo to conference regarding cases held for Allen.	12/11/80	Memo PS to Conf				Memo PS to Conf	Memo PS to Conf
	Walter Miale writes letter to HAB praising his dissent	12/20/80	Letter W Miale to HAB
	HAB responds to W. Miale's letter	01/07/81	Letter HAB to W. Miale
	Judgment issued	01/08/81							Docket
	HCL writes HAB re proposed editorial changes in dissent.	01/13/81	Memo HCL to HAB
	HCL writes PS re proposed editorial changes in opinion.	01/13/81					Memo HCL to PS
	PS responds to HCL about proposed editorial changes.	02/03/81					Memo PS to HCL