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

Pembaur Home
 
Timeline
Part 1
 
Timeline
Part 2
 
Timeline
Part 3
 
Timeline
Part 4
 
Abbreviations
 

 

 

 

 

 

 

Pembaur v. City of Cincinnati

Timeline

 

 Part 1
Deciding to Grant Review
First Filings to Grant of Certiorari
Part 2
Briefing, Argument & Decision on the Merits
Grant of Certiorari to First Conference
Part 3
Drafting the Opinions
F
irst Drafts to Final Decisions
Part 4
After the Decision
Petition for Rehearing and Post Decision Events

 

          Coverage:  This page is a chronological timeline of the Court’s internal discussion and handling of Pembaur 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, Powell, and White 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 Pembaur 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.

 

         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 which is not from the Pembaur files.  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.

 

Pembaur Home
 
Timeline
Part 1
 
Timeline
Part 2
 
Timeline
Part 3
 
Timeline
Part 4
 
Abbreviations

 
Pembaur Timeline—Part 1  
Deciding to Grant Review: First Filings to Grant of Certiorari (1/15/85-6/17/85)  
Event Date HAB WJB TM LFP BRW Other
Cert Petition filed 01/15/85           Docket
          Petition for Cert
RWC circulates Pool Memo 03/11/85 Pool Memo*     Pool Memo*    
VB annotates Pool Memo for HAB 03/12/85 Pool Memo*          
LFP & Clerk annotate Pool Memo 03/12/85   Pool Memo*    
Court requests a response uncertain Pool Memo*          
Memo VB to HAB          
Brief in Opposition filed 3/322/85           Docket
          Brief in Opposition
VB writes memo to HAB  04/07/85 Memo VB to HAB          
Case discussed in conference and court decides to hold for decision in Oklahoma City v. Tuttle 04/12/85   WJB Docket (Vote Record   LFP Docket    
WHR circulates memo to conference re cases held for Tuttle recommending denial of certiorari in Pembaur 06/12/85       Memo WHR to Conference    
DRO annotates WHR memo for LFP and recommends denial of certiorari Pembaur 06/12/85            
Court discusses case in conference and votes to grant certiorari (VoteBreakdown in documents) 06/13/85   WJB Docket (Vote Record   Powel Docket (2)    
Grant of cert ordered and docketed 06/17/85           Docket
 

Pembaur Home
 
Timeline
Part 1
 
Timeline
Part 2
 
Timeline
Part 3
 
Timeline
Part 4
 
Abbreviations

 

 
Pembaur Timeline—Part 2  
Briefing, Argument & Decision on the Merits (7/31/85-12/4/85)  
  Event Date HAB WJB TM LFP BRW Other  
Brief for Petitioner filed 07/31/85           Docket
          Brief for Petitioner
Motion for Leave and Amicus Brief filed by ACLU et al. 08/01/85           Docket
          ACLU Brief
Brief for Respondent Filed 08/31/85           Docket
          Brief for Respondent
Court grants ACLU et al.'s Motion for Leave to file Amicus Brief 09/18/85           Docket
MWM writes memo to LFP 11/12/85       Memo MWM to LFP    
LFP annotates 11/12 memo and requests further memo from MWM 11/13/85       Memo MWM to LFP    
Reply Brief for Petitioner filed 11/16/85           Docket
          Reply Brief
MWM writes supplemental memo to LFP 11/24/85       Memo MWM to LFP    
LFP annotates 11/24 memo 11/25/85       Memo MWM to LFP    
PGM writes bench memo to TM 11/26/85     Memo PGM to TM      
HAB makes handwritten notes for Oral Argument 11/27/85 HAB Notes
[Transcript]
         
Oral Argument 12/02/85 HAB Oral Argument Notes   LFP Oral Argument Notes   Docket
[Transcript]     [Transcript]   Transcript
          Oral Argument Audio
WJB prepares typewritten notes for his presentation at the merits conference 12/03/85   WJB Notes for Conference        
LFP writes supplemental note for conference discussion. 12/03/85       LFP Supplemental Note
[Transcript]
   
Pembaur discussed in conference.  Court votes to reverse. (Initial vote was 5-4 with WEB, LFP, WHR, and TM voting to affirm.  TM changed his vote either during or shortly after conference.) 12/04/85 HAB Conference Notes
[Transcript]
WJB Conference Notes
[Transcript]
  LFP Conference Notes
[Transcript]
  Docket
  WJB Docket (Vote Record)
WJB Circ Record
       
               
Pembaur Home
 
Timeline
Part 1
 
Timeline
Part 2
 
Timeline
Part 3
 
Timeline
Part 4
 
Abbreviations

 

 

Pembaur Home
 
Timeline
Part 1
 
Timeline
Part 2
 
Timeline
Part 3
 
Timeline
Part 4
 
Abbreviations
 



Pembaur Home
 
Timeline
Part 1
 
Timeline
Part 2
 
Timeline
Part 3
 
Timeline
Part 4
 
Abbreviations
               
Pembaur Timeline—Part 3  
Drafting the Opinions: From First Drafts to Final Opinions (12/6/85-3/25/86)  
  Event Date HAB WJB TM LFP BRW Other  
WJB assigns majority opinion to himself 12/06/85   Memo WJB to WEB   Memo WJB to WEB* Memo WJB to WEB  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
WEB writes LFP assigning him the dissent 12/20/85       Memo WEB to LFP    
           
WJB circulates 1st Draft of opinion 01/09/86 WJB 1st Draft* WJB 1st Draft* WJB 1st Draft* WJB 1st Draft* WJB 1st Draft*  
  WJB 1st Draft (2)        
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
TM writes WJB that he will join WJB's opinion 01/10/86 Memo TM to WJB Memo TM to WJB Memo TM to WJB Memo TM to WJB Memo TM to WJB  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
HLM sends memo to HAB recommending joining WJB opinion 01/19/86 Memo HLM to HAB          
HAB writes WJB that he will join WJB's Opinion 01/23/86 Memo HAB to WJB Memo HAB to WJB Memo HAB to WJB Memo HAB to WJB Memo HAB to WJB  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
LFP sends memo to MWM outlining points to be made in a draft dissent 01/23/86       Memo LFP to MWM    
LFP writes WJB that he will write a dissent and will try to avoid delaying matters 01/23/86 Memo LFP to WJB Memo LFP to WJB
WJB Circ Record
Memo LFP to WJB Memo LFP to WJB Memo LFP to WJB
BRW writes WJB that he is awaiting dissent  01/31/86 Memo BRW to LFP* Memo BRW to LFP Memo BRW to LFP   Memo BRW to LFP  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
MWM sends LFP a preliminary draft dissenting opinion [No copy found in Pembaur Papers] Uncertain            
LFP writes MWM with changes and rider to page 1 02/12/86       Memo LFP to MWM    
LFP writes MWM with further changes and rider to page 17 02/12/86       Additional Memo LFP to MWM     
WJB circulates 2nd draft of majority opinion [originally misdesignated as 1st draft].  02/19/86     WJB 2nd Draft WJB 2nd Draft* WJB 2nd Draft  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
BRW circulates 1st draft of an opinion "concurring in the judgment."  02/20/86 BRW 1st Draft BRW 1st Draft BRW 1st Draft BRW 1st Draft* BRW 1st Draft (v1)  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
LFP Tracking Sheet
WJB writes SDO providing a copy of third draft before circulating it to conference  02/20/86       Memo WJB to SDO    
WJB circulates 3rd draft of opinion with changes that appear to be an attempt to accommodate  views expressed in BRW's 2/20 opinion.  02/21/86   WJB 3rd Draft WJB 3rd Draft WJB 3rd Draft* WJB 3rd Draft  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
LFP circulates 1st draft of dissenting opinion 02/22/86     LFP 1st Draft   LFP 1st Draft  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
LFP circulates 2nd draft of dissenting opinion 02/22/86     LFP 2nd Draft LFP 2nd Draft LFP 2nd Draft  
HAB Opinion Log WJB Opinion Log   LFP Tracking Sheet    
LFP sends SS memo with rider A to dissent 02/24/86     Memo LFP to SS      
SDO writes letter to LFP regarding interaction between the no-immunity holding in Owen and non-retroactivity discussion  in Powell's dissent [No copy found in Pembaur Papers] Uncertain            
MWM writes memo to LFP regarding SDO's letter (see entry above) 02/27/86       Memo MWM to LFP    
LFP Circulates 3rd draft of dissenting opinion 02/27/86 LFP 3rd Draft LFP 3rd Draft LFP 3rd Draft LFP 3rd Draft* LFP 3rd Draft  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
WHR writes LFP that he will join dissent 02/27/86 Memo WHR to LFP Memo WHR to LFP Memo WHR to LFP   Memo WHR to LFP  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
WEB writes LFP that he will join dissent 02/28/86 Memo WEB to LFP Memo WEB to LFP Memo WEB to LFP   Memo WEB to LFP  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
BRW revises the 1st draft of his concurring opinion and the revised version is printed with the designation "1st Draft." The document is not circulated in this form.  (See 3/3/86) 2/28/86         BRW 1st Draft (v2 uncirculated)  
BRW circulates "substantially rewritten" 2nd draft of concurring opinion 03/03/86 BRW 2d Draft BRW 2d Draft BRW 2d Draft   BRW 2d Draft  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
LFP writes memo to MWM proposing adding footnote [7] to respond to BRW's 2nd draft concurrence 03/04/86       Memo LFP to MWM    
LFP writes to SDO responding to her letter and explaining his view of the interaction between immunity and non-retroactivity. 03/04/86       Memo LFP to SDO    
LFP circulates 4th draft of dissenting opinion 03/07/86   LFP 4th Draft LFP 4th Draft LFP 4th Draft LFP 4th Draft  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
SDO circulates 1st draft of concurring opinion 03/07/86     SDO 1st Draft   SDO 1st Draft  
HAB Opinion Log WJB Opinion Log   LFP Tracking Sheet    
SDO circulates 2nd draft of concurring opinion 03/07/86   SDO 2nd Draft SDO 2nd Draft   SDO 2d Draft  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
SDO writes to LFP re her concurring opinion and the retroactivity issue.   03/07/86       Memo SDO to LFP    
WJB circulates 4th draft of opinion 03/10/86   WJB 4th Draft WJB 4th Draft   WJB 4th Draft  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
BRW circulates 3rd draft of concurring opinion 03/11/86   BRW 3rd Draft BRW 3rd Draft   BRW 3rd Draft  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
WJB "reminds" SDO of breakdown of his opinion making it possible for her to join in parts of it. (No copy of any written reminder found in the Pembaur files.  It may have been oral or in a document not available in these files.)   03/11/86   Memo SDO to WJB        
SDO writes WJB indicating that she will join in parts I and IIA of WJB's opinion 03/11/86   Memo SDO to WJB
WJB Circ Record
       
SDO circulates 3rd draft of concurring opinion 03/11/86 SDO 3rd Draft SDO 3rd Draft SDO 3rd Draft   SDO 3rd Draft  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
JPS circulates 1st draft of concurring opinion 03/12/86 JPS 1st Draft* JPS 1st Draft JPS 1st Draft*   JPS 1st Draft  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
LFP writes MWM with various suggestions and questions and encloses Rider A to dissent 03/15/86       Memo LFP to MWM    
WJB circulates 5th draft of opinion 03/15/86   WJB 5th Draft WJB 5th Draft   WJB 5th Draft  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
TM writes WJB that he will still join WJB's opinion 03/17/86 Memo TM to WJB Memo TM to WJB Memo TM to WJB Memo TM to WJB Memo TM to WJB  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
       
WJB revises proposed syllabus 03/17/86   Syllabus        
JPS circulates 2nd draft of concurring opinion 03/20/86   JPS 2nd Draft JPS 2nd Draft   JPS 2nd Draft  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
LFP circulates 5th draft of dissenting opinion 03/21/86   LFP 5th Draft LFP 5th Draft   LFP 5th Draft  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
  LFP Tracking Sheet    
LFP circulates 6th draft of dissenting opinion 03/24/86   LFP 6th Draft LFP 6th Draft LFP 6th Draft LFP 6th Draft  
HAB Opinion Log WJB Opinion Log
WJB Circ Record
       
Opinion announced 03/25/86 HAB Opinion Log Syllabus & Opinion
WJB Circ Record
    BRW Concurrence Docket
 
Pembaur Home
 
Timeline
Part 1
 
Timeline
Part 2
 
Timeline
Part 3
 
Timeline
Part 4
 
Abbreviations
 
Pembaur Timeline—Part 4  
After the Decision: Post-Decision Events  (4/2/86-6/3/86)  
  Event Date HAB WJB TM LFP BRW Other  
WJB makes recommendations to conference re cases held for Pembaur 04/02/86 Memo WJB to Conference Memo WJB to Conference        
  HCL writes to BRW suggesting editorial changes 04/21/86         Memo HCL to BRW    
  BRW writes to HCL accepting editorial changes 04/21/86         Memo BRW to HCL    
Bertold Pembaur (plaintiff) writes to Clerk of the Court suggesting changes and corrections in Justice Brennan's opinion.   05/23/86   Memo HCL to LDK        
HCL forwards plaintiff's letter of 5/23/86 to LDK 06/03/86   Memo HCL to LDK        
 
Pembaur Home
 
Timeline
Part 1
 
Timeline
Part 2
 
Timeline
Part 3
 
Timeline
Part 4
 
Abbreviations
 
Notes to Timeline Dates  
3/12/85: : Approximate date based on date of Pool Memo
4/12/85: LFP's docket indicates this date while WJB's indicates 4/15.  However, 4/15 was a Monday on which there was a full day of arguments.  The docket, when available, will probably confirm the 4/12 date
6/12/85: Approximate date based on date of memo and date of conference.  Could have been 6/13.    
11/25/85: Approximate date based on date of memo.  Could have been later.  
12/3/85: Approximate date based on date of oral argument and date of merits conference,  
12/3/85(2):  The top of this memorandum refers to "[84]-1640 US v. Mechanik[,475 U.S. 66 (1986)]" which was argued the same day as Pembaur.  However, the memorandum was found in the Pembaur files and clearly discusses issues that were central to Powell's views of Pembaur but utterly unrelated to Mechanik.    
12/6/85:  LFP Tracking Sheet gives 12/13 date but appears inconsistent with the other documents which give the date as 12/6.  WJB Circulation Record gives date as 12/16 (at top) but later says it was 12/6.   
1/10/86: Join letter is misdated 1985.    
Uncertain:  This not-yet-located preliminary draft is discussed and edited in LFP's memos to MWM dated 2/12/86 and must have been written sometime after LFP's memo to MWM dated 1/23/86.  It seems likely it was sent to LFP shortly before 2/12, but it may have been earlier.    
2/21/86:  Drafts indicate they were circulated on 2/21 which is consistent with the WJB circulation record and the HAB and WJB opinion logs,.  LFP's tracking sheet shows circulation of 2/20.    
2/22/86: The first draft is dated 2/21/86 but it has a circulation date stamp of 2/22/86.  HAB & WJB's opinion logs also show it as circulated February 22,  LFP's tracking sheet mistakenly shows it circulated on January 22.  
2/22/86(2): The second draft has a circulation date stamp of 2/22/86 which is consistent with HAB and WJB's opinion logs.  LFP's tracking sheet gives the date of the second draft as 2/27 (which is the date of the third draft) and skips the third draft.    
Uncertain:  This not-yet-located letter is discussed in MWM's memo to LFP dated 2/27 and LFP responds to it in his letter of 3/4/86.  It is unclear whether SDO's letter was written in response to LFP's second draft (2/22) or his third draft (2/27) but it almost certainly was sent sometime on or after 2/22 and on or before 2/27.      
  2/28/86:  Although it is denominated as "1st Draft," this document appears to be a revision of White's circulated 1st draft.  It appears that White prepared this document after seeing WJB's 3rd Draft  circulated on 2/21.  This document does not appear to have been circulated in this form.  
Instead, this document appears to have been converted into White's circulated second draft.    The 3/3/86 document designated "Substantially Rewritten Second Draft" appears to be a copy of this document with a sticker containing the new title pasted over the old title.  The 2/28 date is approximated based on the date that the second draft was circulated.  The document could have been printed any time from 2/21 (the date of WJB's 3d Draft) to 3/3 (the date White circulated his "Substantially Rewritten Second Draft."
 
3/7/86: Date based on copies of draft and HAB and WJB's opinion logs.  LFP's tracking sheet indicates 3/8.  
3/11/86: Date based on copies of draft and HAB and WJB's opinion logs.  LFP's tracking sheet indicates 3/10.  
3/11/86(2): Approximate date based on SDO's 3/11/86 memo to WJB. It may have been earlier.