Monell Timeline—Part 4
Drafting Opinions: Assignment of Opinions to
Announcement of Decision (3/6/78 - 6/6/78) |
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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 |
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LFP Opinion Log |
Memo WJB to WEB |
Memo WJB to WEB |
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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 |
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HAB Opinion
Log |
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WJB circulates 1st draft of opinion |
04/04/78 |
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WJB 1st Draft* |
WJB 1st Draft* |
WJB 1st
Draft |
WJB 1st
Draft* |
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HAB Opinion
Log |
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LFP Opinion
Log |
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TM notes that he will join WJB 1st draft opinion |
04/04/78 |
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WJB 1st Draft* |
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WJB recirculates 1st draft of opinion |
04/05/78 |
HAB Opinion
Log |
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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 |
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HAB Opinion
Log |
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LFP Opinion
Log |
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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 |
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Memo SE to LFP |
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LFP reviews and annotates WJB 1st draft opinion. (SE also
annotates) |
04/07/78 |
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WJB 1st Draft* |
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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 |
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Memo JPS to
WJB
(2d copy) |
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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 |
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Memo WJB to
JPS
(2d Copy) |
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KE writes memo to HAB agreeing with JPS critique of WJB 1st draft |
04/10/78 |
Memo KE to HAB |
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BRW makes a few notes on WJB's draft. |
04/10/78 |
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WJB 1st
Draft* |
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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 |
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Draft
Memo BRW to WJB |
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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 |
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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 |
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Monroe Brief
Excerpts |
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Monroe Brief
Excerpts |
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Monroe Brief Excerpts |
Monroe Brief Excerpts |
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Memo JPS to
WJB
(2d copy) |
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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 |
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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 |
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Memo SE to LFP |
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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 |
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LFP Opinion
Log |
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SE annotates WHR dissent and suggests that LFP should write concurrence |
04/14/78 |
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WHR 1st Draft* |
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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* |
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HAB Opinion
Log |
WJB 2d Draft
(partial)* |
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LFP Opinion
Log |
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SE recommends LFP join WJB 2d Draft but suggests further changes |
04/22/78 |
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Memo SE to LFP |
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PS makes several notes on WJB 2nd Draft. |
04/23/78 |
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WJB 2d
Draft* |
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BRW makes two notes WJB 2nd Draft. |
04/23/78 |
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WJB 2d
Draft* |
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LFP prepares draft letter to WJB and asks for SE's comments |
04/24/78 |
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Memo LFP to SE
(No copy of actual letter located) |
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LFP asks SE to prepare draft concurrence |
04/24/78 |
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Memo LFP to SE |
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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 |
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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 |
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Memo WJB to PS
(2d copy) |
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HAB reviews and annotates WJB 2d Draft noting some reservations but will
let "PS battle this out." |
4/25/78 |
WJB 2d Draft* |
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SE writes note to LFP indicating that PS is still "troubled" by WJB 2d
Draft |
04/25/78 |
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Memo SE to LFP |
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LFP drafts but does not send memo to WJB outlining continued areas of
concern about WJB 2d Draft |
04/25/78 |
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Unsent Draft
Memo LFP to WJB |
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PS or clerk prepares draft of memo replying
to WJB's 4/25 response. PS hand edits the draft |
04/26/78 |
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Draft Memo
PS to WJB |
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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 |
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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 |
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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 |
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HAB Opinion
Log |
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LFP Opinion
Log
(gives 4/28 date) |
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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 |
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Memo PS to
WJB* |
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JPS circulates 1st Draft Concurrence |
04/27/78 |
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JPS Draft
Concurrence |
JPS Draft
Concurrence |
JPS Draft
Concurrence |
JPS
Draft Concurrence |
JPS
Draft Concurrence |
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HAB Opinion
Log |
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LFP Opinion
Log |
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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 |
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Memo HAB to
WJB (2d Copy)* |
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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* |
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BRW states (to WJB only) his understanding of limits on municipal
liability for deliberate indifference and negligence. |
04/29/78 |
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Memo BRW to
WJB* |
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Memo BRW to
WJB* |
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SE prepares draft concurrence for LFP.
(No copy found. The listed document refers to the draft) |
05/01/78 |
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Memo LFP to SE
5/8/78 |
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LFP prepares draft memo to WJB (unsent in this form) |
05/01/78 |
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Draft Memo LFP
to WJB |
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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 |
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Memo LFP to
WJB (2d Copy) |
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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 |
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Memo PS to LFP |
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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 |
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Memo WJB to
LFP
(2d copy)* |
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SE writes LFP discussing WJB's proposed accommodations and recommends
accepting the draft with those changes |
05/02/78 |
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Memo SE to LFP |
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WJB circulates 3d Draft Opinion |
05/04/78 |
Memo WJB to
Conf |
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Memo WJB to
Conf* |
Memo WJB to
Conf* |
Memo WJB
to Conf |
Memo WJB to
Conf |
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WJB 3d Draft* |
WJB 3d Draft |
WJB 3d Draft |
WJB 3d Draft |
WJB 3rd
Draft |
WJB 3rd
Draft* |
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HAB Opinion
Log |
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SE types note to LFP (on WJB's 5/4 memo) pointing out one previously
unrecognized problem with the language. |
05/04/78 |
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Memo WJB to
Conf* |
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Attached Pages |
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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 |
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HAB Opinion
Log |
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LFP Opinion
Log |
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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 |
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HAB Opinion
Log |
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LFP Opinion
Log |
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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 |
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BRW annotates WJB 3rd Draft indicating he is comfortable with it and
will join. |
05/08/78 |
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WJB 3rd
Draft* |
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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 |
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HAB Opinion
Log |
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LFP Opinion
Log |
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LFP writes SE commenting on SE's 5/1 draft of concurrence and asks for
changes |
05/08/78 |
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Memo LFP to SE |
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LFP prepares "rider" to concurring opinion (similar to 1st paragraph of
final opinion) |
05/08/78 |
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LFP Draft
"Rider" |
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SE prepares LFP Chambers Draft of Concurrence |
05/09/78 |
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LFP
Concurrence Chambers Draft |
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LFP edits Chambers Draft of Concurrence |
05/13/78 |
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LFP
Concurrence Chambers Draft with LFP Edits |
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SE revises Chambers Draft of Concurrence making some of LFP
propose changes |
05/15/78 |
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Memo SE to LFP |
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LFP
Concurrence Chambers Draft 2 |
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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 |
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HAB Opinion
Log |
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LFP Opinion
Log |
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LFP Concurrence 1st Draft prepared |
05/16/78 |
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LFP
Concurrence 1st Draft* |
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LFP Opinion
Log |
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LFP circulates LFP Concurrence 1st Draft |
05/17/78 |
LFP
Concurrence 1st Draft* |
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LFP
Concurrence 1st Draft |
LFP
Concurrence 1st Draft* |
LFP
Concurrence 1st Draft |
LFP
Concurrence 1st Draft |
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HAB Opinion
Log |
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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 |
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HAB Opinion
Log |
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LFP Opinion
Log |
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WJB circulates 4th Draft Opinion |
05/18/78 |
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WJB 4th Draft |
WJB 4th Draft |
WJB 4th Draft |
WJB 4th
Draft |
WJB 4th
Draft |
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HAB Opinion
Log |
WJB 4th Draft
(copy 2) |
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LFP Opinion
Log |
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Syllabus Draft Circulated |
05/18/78 |
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Syllabus Draft |
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KE writes HAB re LFP draft concurrence |
05/19/78 |
Memo KE to HAB |
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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 |
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LFP Opinion
Log
(gives 5/28 as date) |
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Marc Richman circulates memo to conference re cases being held for
Monell |
05/23/78 |
Memo MR to
Conf |
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LFP writes conference explaining revisions to his concurrence to respond
more fully to WHR's dissent |
05/24/78 |
Memo LFP to
Conf |
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Memo LFP to
Conf |
Memo LFP to
Conf |
Memo LFP
to Conf |
Memo LFP to
Conf |
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HAB Opinion
Log |
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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 |
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LFP Opinion
Log |
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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 |
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LFP Opinion
Log |
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WJB prepares notes for oral delivery of opinion |
06/05/78 |
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WJB Notes |
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Opinion and Syllabus issued |
06/06/78 |
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Syllabus and
Opinion |
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Docket |
WJB delivers opinion orally in Court |
06/06/78 |
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Docket |
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Audio |