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

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

City of St. Louis v. Praprotnik

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
First 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 Praprotnik 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 Praprotnik 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.

 

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














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














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














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















Praprotnik Home
 
Timeline
Part 1
 
Timeline
Part 2
 
Timeline
Part 3
 
Timeline
Part 4
 
Abbreviations
Praprotnik Timeline—Part 1  
Deciding to Grant Review: First Filings to Grant of Certiorari (11/13/86 - 01/12/87)  
    Documents
Event Date HAB WJB TM LFP BRW Other
Petition for Certiorari Filed 11/13/86   WJB Docket (Vote Record)       Petition
Docket
Brief in Opposition Filed 12/12/86           Brief in Opposition
Docket
    Petition and Brief circulated to chambers 12/17/86           Docket  
BSB circulates pool memo  12/23/86 Memo BSB to Pool*     Memo BSB to Pool*    
BSB annotates memo with recommendation to HAB to grant limited to Question 2. 12/26/86 Memo BSB to Pool*          
RJM writes memo to LFP recommending granting certioriari on Question 2 only. 12/26/86       Memo RHM to LFP    
LFP annotates RHM memo and agrees with recommendation 12/26/86       Memo RHM to LFP    
LFP annotates BSB's pool memo 12/27/86       Memo BSB to Pool*    
RH writes memo to TM recommending denial of certiorari 12/28/86       Memo RH to TM    
Discussed in conference and certiorari granted limited to Question 2 (Vote 6-3) 01/09/87   WJB Conf Action Record
WJB Docket (Vote Record)
TM Docket (Vote Record) LFP Docket (Vote Record)   Docket
Order granting certiorari issued 01/12/87   WJB Docket (Vote Record) TM Docket (Vote Record)   Docket
 
Praprotnik Timeline—Part 2  
Briefing, Argument & Decision on the Merits (01/27/87 - 10/19/87)  
    Documents
Event Date HAB WJB TM LFP BRW Other
    Time for filing petitioner's brief extended to March 13 01/27/87           Docket  
Record filed and certified copy of original record received 02/13/87 Docket
Joint Appendix Filed 02/26/87           Docket
          Jt Appendix
    Time for filing petitioner's brief extended to March 27 03/04/87           Docket  
Brief for Petitioner filed 03/27/87       Docket
          Brief for Petitioner
Brief for Amici International City Management Association et al. filed 03/27/87         Docket
          Brief for Amici ICMA
Brief for Amicus City of Little Rock filed 03/27/87       Docket
          Brief for Amicus Little Rock
    Time for filing respondent's brief extended to May 18 04/16/87           Docket  
    Time for filing respondent's brief extended to June 1 05/04/87 Docket  
Brief for Amici AFL-CIO et al filed 05/13/87           Docket
          Brief for Amicus AFL-CIO
    Time for filing respondent's brief extended to June 5 05/29/87 Docket  
Brief for Respondent filed 06/05/87           Docket
          Brief for Respondent
    Briefs Circulated 07/02/87           Docket  
Set for Oral Argument on October 7 07/20/87 Docket
Reply Brief filed 08/28/87       Docket
          Reply Brief
HL writes bench memo to TM recommending reversal 9/25/1987     Memo HL to TM      
AnnK writes bench memo to HAB recommending dismissing certiorari as improvidently granted or, in the alternative, reversal 09/29/87 Memo AnnK to HAB          
HAB prepares notes prior to oral argument 10/03/87 Memo HAB to Self          
[Transcript]          
    JRG writes bench memo to WJB recommending reversal.  Attaches case summary.  10/05/87   Memo JRG to WJB
Case Summary
         
    WJB makes notes on case summary which was probably attached to JRG's bench memo.  WJB notes problems with plaintiff's case and problems with defendant's proffered instructions. 10/05/87   Case Summary          
HAB reviews and annotates proposed oral argument questions 10/06/87 HAB Questions          
Oral Argument 10/07/87 HAB Argument Notes WJB Circ Record TM Docket (Vote Record) Docket
[Transcript]         Oral Argument Transcript with Audio
    WJB prepares typewritten notes to deliver at conference.  Will recommend reversal and remand without adopting new "ultimate authority" standard. 10/8/87   WJB Notes for Conference          
Case discussed in conference.  Six justices vote to reverse and JPS votes to affirm.  AGS indicates that respondeat superior is "water over the dam, now"; and, while tentatively agreeing with SDO (to reverse), he wants to see what JPS writes. [LFP had already retired.] 10/09/87 HAB Conference Notes  WJB Conference Notes TM Conference Notes      
[Transcript] [Transcript] [Transcript]  
  WJB Docket (Vote Record)
WJB Conference Vote Record
TM Docket (Vote Record)      
Majority opinion assigned to SDO (but see 10/19/87) 10/13/87     TM Docket (Vote Record)      
    Majority opinion assigned to SDO (but see 10/13/87) 10/19/87   WJB Conference Vote Record
WJB Circ Record
         
               
               
Praprotnik Timeline—Part 3  
Drafting the Opinions: From First Drafts to Final Opinions (10/29/87 - 03/02/88)  
    Documents
Event Date HAB WJB TM LFP BRW Other
SDO circulates first draft of opinion. 10/29/87 SDO 1st Draft WJB Circ Record SDO 1st Draft*   SDO 1st Draft*  
    BRW's Clerk  AJB annotates SDO 1st Draft with substantial proposed changes.  Compare AJB's memo of 11/2. 10/30/87         SDO 1st Draft    
AnnK writes memo to HAB expressing serious concerns 10/30/87 Memo AnnK to HAB          
    AJB writes memo to BRW recommending not joining SDO's opinion in its then current form expressing concern about the proper way to identify who is a policy maker (in general or for a particular decision) and whether liability requires that the policy itself be unconstitutional.  11/2/87         Memo AJB to BRW    
JPS writes SDO indicating that he will write separately.  He has concerns about the lower court's opinion but believes its judgment was correct.  11/02/87 Memo JPS to SDO Memo JPS to SDO Memo JPS to SDO   Memo JPS to SDO  
WHR writes SDO indicating he will join her opinion 11/02/87 Memo WHR to SDO Memo WHR to SDO Memo WHR to SDO   Memo WHR to SDO  
    WJB writes SDO (but not the conference) expressing substantial concerns about language in the SDO's draft opinion and suggests changes.  (No copy of this document has been found.  Since WJB's first 11/4 memo indicating that he will now circulate "my letter of November 3 to the full Conference," the 11/3 memo was presumably essentially identical to WJB's second 11/4 memo.) 11/03/87   Memo SDO to WJB
Memo WJB to SDO
WJB Circ Record
         
    SDO responds to WJB indicating that she will not make his suggested changes 11/03/87   Memo SDO to WJB          
    WJB responds to SDO indicating that he will now circulate the 11/3 memo to the conference 11/4/87   Memo WJB to SDO          
WJB sends SDO (and the conference) a memo essentially identical to the one sent SDO alone on 11/3. 11/04/87 Memo WJB to SDO* Memo WJB to SDO
WJB Circ Record
Memo WJB to SDO*   Memo WJB to SDO  
BRW writes SDO joining her draft without suggesting any changes.  (Compare AJB's 11/2 memo to BRW.) 11/05/87 Memo BRW to SDO Memo BRW to SDO
WJB Circ Record
Memo BRW to SDO   Memo BRW to SDO  
TM annotates WJB's 11/4 memo indicating that he agrees 11/06/87     Memo WJB to SDO*      
HAB writes SDO indicating he will await further writing 11/23/87 Memo HAB to SDO Memo HAB to SDO Memo HAB to SDO Memo HAB to SDO  
    SDO writes WHR & BRW with a copy to AGS (but not to the rest of the conference) stating that her current opinion cannot get 5 votes.  WJB, TM, & HAB want a narrower opinion; and JPS will dissent.  AGS will give SDO a 4th vote (and thus a 4-3-1 plurality) if she makes certain changes.  She attaches a copy of a second draft of her opinion with the indicated changes and asks whether those changes are acceptable.  (The attachment was probably the 11/25 draft discussed below.) 11/24/87         Memo SDO to WHR & BRW*    
    SDO circulates second draft of her opinion.  Although the draft indicates it was circulated on 11/25/87 to all members of the court, it seems likely that it was the attachment to SDO's 11/24 memo and was circulated only to WHR, BRW, and AGS.  No copies of a 2d draft with this date appear in HAB's, WJB's, or TM's files.  See also HAB's annotations on WHR's 11/25 Memo stating that he is not aware of what changes SDO was proposing. 11/25/87         SDO 2d Draft [preliminary?]    
    BRW annotates SDO's 11/24 memo noting that he does not object to the proposed changes. 11/25/87         Memo SDO to WHR & BRW*    
    BRW writes SDO that he does not object to proposed changes. 11/25/87         Memo BRW to SDO    
WHR writes SDO that her changes are acceptable to him. 11/25/87 Memo WHR to SDO* Memo WHR to SDO Memo WHR to SDO   Memo WHR to SDO  
HAB annotates his copy of WHR's 11/25 memo stating that he is not aware of whatever changes SDO has made in her 1st draft opinion 11/26/87 Memo WHR to SDO*          
SDO circulates second draft opinion to the entire conference.  Except for the date, this document appears identical to the second draft dated 11/25 which she previously circulated only to WHR, BRW, and AGS. 11/30/87   SDO 2d Draft SDO 2d Draft*   SDO 2d Draft  
TM annotates SDO 2d draft indicating he will await further writing.  12/01/11     SDO 2d Draft*      
JPS circulates 1st draft dissent 12/19/87 JPS Draft 1*   JPS Draft 1*   JPS Draft 1*  
TM annotates JPS draft indicating uncertainty 12/22/11     JPS Draft 1*      
TM writes SDO indicating he will await further writing 12/30/87 Memo TM to SDO Memo TM to SDO Memo TM to SDO   Memo TM to SDO  
SDO circulates 3rd draft opinion (with response to JPS dissent) 01/04/88   SDO 3d Draft SDO 3d Draft   SDO 3d Draft  
Former Clerk Larry Kramer writes HAB letter with attached page proof of forthcoming article by Kramer and Sykes 01/29/88 Letter Kramer to HAB          
Attached Article          
AnnK writes note to HAB's secretary Wannet Smith apparently re filing of Kramer article and letter 01/30/88 Memo AnnK to WS          
WJB circulates 1st draft concurrence 02/03/88 WJB Draft 1   WJB Draft 1*   WJB Draft 1  
TM writes WJB that he will join WJB's concurrence 02/05/88 Memo TM to WJB Memo TM to WJB Memo TM to WJB   Memo TM to WJB  
SDO circulates 4th draft opinion (with further response to JPS dissent and with response to WJB's concurrence) 02/10/88   SDO 4th Draft SDO 4th Draft SDO 4th Draft  
AGS writes SDO that he will join her opinion 02/17/88 Memo AGS to SDO Memo AGS to SDO* Memo AGS to SDO   Memo AGS to SDO  
HAB writes WJB that he will join WJB's concurrence 02/19/88 Memo HAB to WJB Memo HAB to WJB Memo HAB to WJB   Memo HAB to WJB  
JPS circulates 2nd draft dissent 02/22/88   JPS 2d Draft JPS 2d Draft   JPS 2d Draft  
SDO circulates 5th draft opinion (with further response to JPS concurrence) 02/23/88   SDO 5th Draft SDO 5th Draft   SDO 5th Draft  
JPS circulates 3rd draft dissent 02/26/88   JPS 3d Draft JPS 3d Draft   JPS 3d Draft  
SDO circulates 6th draft opinion  03/01/88   SDO 6th Draft SDO 6th Draft   SDO 6th Draft  
SDO writes a memo to conference recommending that the court grant, vacate, and remand City of Little Rock v. Williams in light of Praprotnik  03/01/88 Memo SDO to Conf Memo SDO to Conf*        
SDO writes a memo to conference recommending that the court grant certiorari in City of Canton v. Harris (held for Praprotnik). 03/01/88 Memo SDO to Conf          
WJB circulates 2nd draft concurrence 03/01/88 WJB Draft 2 WJB Draft 2 WJB Draft 2   WJB Draft 2  
Opinion Announced 03/02/88   WJB Circ Record TM Docket (Vote Record)      
 
 
Praprotnik Timeline—Part 4  
After the Decision: Post-Decision Events  
    Documents
Event Date HAB WJB TM LFP BRW Other
—— None Identified ——
 
 
 

 

 
Notes to Timeline Dates
10/05/87 Date estimated based on context and assumption that the bench memo and case summary were submitted shortly before oral argument.  Some of the notes on the bench memo appear to have been written either just before or just after argument.  Others were written at or after the case was assigned to SDO. 
The memo is attributed to JRG based on various documents identifying him as the clerk assigned to the case.
10/8/87 Date of notes estimated based on context.
11/26/87 Date of annotation estimated based on context.
10/30/87 Date estimated based on context.  Annotations are attributed to clerk based on lack of similarity to BRW's handwriting, similarity of context to clerk's subsequent memo, and fact that BRW himself joined without requesting any changes.
11/25/87 Date of annotation estimated based on context.
11/24/87
11/25/87
The memo is dated 11/24 and the 2nd draft is dated 11/25.  However, the memo indicated that the 2nd draft was attached.   They were probably circulated together either on 11/24 or 11/25.