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
Cert Petition filed	07/02/76							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
Brief in Opposition Filed	12/03/76							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)
TAB 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 Senior Legal Officer SAG 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
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
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
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
		[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
	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		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
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 2d Draft Memorandum	WHR 2d Draft Memorandum
WHR sends Conf 2d Draft Memorandum	01/31/78	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
	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	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
	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	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	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]
	03/06/78	[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
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 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	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 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
	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*	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
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
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	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
WJB responds to PS concerns about WJB 2d Draft	04/25/78				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
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 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	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.	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
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*	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*	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*
	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*	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	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 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
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 Concurrence 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	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 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	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 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	WHR 3rd Draft Dissent	WHR 3rd Draft Dissent
WHR circulates 3d Draft Dissent	05/23/78				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
	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 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	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

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.