Monell Chronology
		Documents
Event	Date	HAB	WJB	TM	LFP	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
Cert Petition filed	07/02/76					Docket
Cert Petition distributed for Summer List	08/11/76					Docket
EC circulates Pool Memo	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*
Court Calls for Response	08/26/76					Docket
Brief in Opposition Filed	12/03/76					Brief in Opposition
Brief in Opposition Filed	12/03/76					Docket
Redistributed for Conference of 1/7/77	12/09/76					Docket
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 BIO 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)
TAB writes EC indicating that he and DM agree that Court should grant Monell and hold Muzqiz. EC indicates agreement.	01/07/77	Memo TAB to EC
Redistributed for Conference of 1/14/77	01/11/77					Docket
LFP makes handwritten notes re opinions below for discussion at 1/14 cert confernce	01/13/77				LFP Notes
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*
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. (vote details included)	01/24/77		WJB Docket (Vote Record)		LFP Docket (Vote Record) 3
Grant limited to Question 2 docketed	01/25/77					Docket

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
Brief for Petitioner filed	05/11/77					Docket
Appendix filed	05/11/77					Appendix
Appendix filed	05/11/77					Docket
Amicus Brief filed for NEA and Lawyers' Committee for Civil Rights Under Law	05/11/77					NEA Amicus
	05/11/77					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
Brief for Respondent Filed	07/12/77					Docket
Merits briefs circulated	07/22/77					Docket
KE writes bench memo for HAB	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
SE writes bench memo for LFP	10/18/77				Memo SE to LFP
Petitioner files Reply Brief	10/28/77					Docket
Petitioner files Reply Brief	10/28/77					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
						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	WJB Conference Notes		LFP Conference Notes
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
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
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. PS and LFP are undecided.	11/12/77			Memo WEB to WJB
	11/12/77	HAB Opinion Log			LFP Opinion Log
WJB writes WEB accepting memo assignment	11/14/77			Memo WJB to WEB	Memo WJB to WEB
WJB promises WHR that he will have a draft memo within a week	11/28/09		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 sends Conf 1st circulated draft of WJB memorandum.	01/30/78	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 sends Conf 2d Draft Memorandum	01/31/78	HAB Opinion Log			LFP Opinion Log
SEP sends memo to LFP re WJB and WHR memoranda (with marked excerpts from Congressional Globe). SEP 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. SEP wants cities to have defense if constitutional violation was not clearly established.	02/01/78				Memo SEP to LFP
SEP 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 SEP to LFP
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
	02/13/78	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
PS sends handwritten note to LFP expressing agreement with LFP's Draft Memo	02/22/78				Memo PS to LFP
	02/22/78				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
	02/23/78				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
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
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
WEB responds to PS saying that others can discuss the case on 2/24/78 conference but he will not be ready to do so.	02/23/78	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 appears not to have been 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
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*
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
Case discussed in conference and 7 vote tentatiely to affirm with WEB & WHR dissenting	03/06/78	HAB Conference Notes	WJB Conference Notes		LFP Conference Notes
	03/06/78		WJB Docket (Vote Record)
LFP writes memo to file explaining why he is not recusing himself	03/06/78				Memo LFP to File
WEB assigns majority opinion to himself	03/06/78	HAB Opinion Log			LFP Opinion Log?
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
WEB writes WHR assigning him the dissent	03/13/78	HAB Opinion Log
WJB circulates 1st draft of opinion	04/04/78			WJB 1st Draft*	WJB 1st Draft*
WJB circulates 1st draft of opinion	04/04/78	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
TM writes WJB that he will join WJB first draft.	04/05/78	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 comments on WJB 1st draft opinion. SE suggests that modifications may	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*
	04/10/78				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*
WJB responds to JPS memo	04/10/78				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
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
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
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
		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
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 circulates 1st Draft dissent	04/14/78				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
		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
LFP prepares draft letter to WJB and asks for SE's comments	04/24/78				Memo LFP to SE (No copy of 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*
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*
WJB responds to PS concerns about WJB 2d Draft	04/25/78				Memo WJB to PS (2d copy)
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
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
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
WHR circulates 2d Draft Dissent	04/26/78	WHR 2d Draft*	WHR 2d Draft	WHR 2d Draft	WHR 2d Draft*
WHR circulates 2d Draft Dissent	04/26/78	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 circulates 1st Draft Concurrence	04/27/78	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
	04/27/78				Memo HAB to WJB (2d Copy)*
BRW writes WJB stating that he intends to join and suggests minor changes. (On WJB's copy only, BRW states his understanding of limits on municipal liability for deliberate indifference and negligence.)	04/29/78	Memo BRW to WJB*	Memo BRW to WJB*	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
LFP writes WJB requesting further revisions of WJB 2d Draft	05/01/78				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*
	05/02/78				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*
		WJB 3d Draft*	WJB 3d Draft	WJB 3d Draft	WJB 3d 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*
	05/04/78				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*
	05/05/78	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
TM to WJB: Joins and hopes no further changes needed	05/05/78	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 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
BRW writes WJB that he will join	05/08/78	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 LFP Chambers Draft making some of LFP propose changes	05/15/78				Memo SE to LFP
	05/15/78				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
PS writes WJB stating he will join	05/15/78	HAB Opinion Log			LFP Opinion Log
LFP Concurrence 1st Draft prepared	05/16/78				LFP Concurrence 1st Draft*
LFP Concurrence 1st Draft prepared	05/16/78				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 circulates LFP Concurrence 1st Draft	05/17/78	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
HAB writes WJB that he will join	05/17/78	HAB Opinion Log		LFP Opinion Log
WJB circulates 4th Draft Opinion	05/18/78		WJB 4th Draft	WJB 4th Draft	WJB 4th Draft
WJB circulates 4th Draft Opinion	05/18/78	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
					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
	05/24/78	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 circulates LFP Concurrence 2d Draft	05/25/78				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
WEB writes WHR that he will join dissent	05/31/78				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
WJB delivers opinion orally in Court	06/06/78					Audio
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 LFP criticizing concurrence in Monell	10/01/80				Memo DS to LFP
SE writes LFP discussing David Stewart memo	10/13/80				Letter SE to LFP
SE 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