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Monell V. New York City Department Of Social Services (1977)

 

Document 1

From: Potter Stewart
To: Lewis F. Powell
Copied: None
On: None provided.
Action: Await Dissent
Justice indicates that he or she awaits a dissenting opinion, including opinions that dissent in part
Action: Memo Regarding Meeting Time, Place or Agenda
Memo may suggest that the justice talk or discuss an issue at conference; memo may maintain that no further conference discussion is needed; memo may state that a justice will be away

Document 2

From: Lewis F. Powell
To: Warren E. Burger
Copied: Conference
On: November 11th, 1977
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 3

From: Warren E. Burger
To: Conference
Copied: None
On: November 11th, 1977
Action: Memo About Opinion Assignment
This excludes memos that assign the opinion (see Code 606), but includes memos where a justice expresses the view that a case should be reassigned or a response to a majority opinion assignment; justice may request that majority opinion not be assigned to that justice; a justice may question why the opinion was not assigned; a justice (perhaps the Chief Justice) may tell a justice to assign the opinion; a memo may discuss not assigning the opinion to any justice

Document 4

From: Warren E. Burger
To: William J. Brennan, Jr.
Copied: Conference
On: November 12th, 1977
Action: Majority Opinion Assignment
This may be an assignment of either the majority opinion or a memorandum opinion; memo may state that a justice has agreed to undertake the opinion of the Court; memo reassigns the case

Document 5

From: William J. Brennan, Jr.
To: Warren E. Burger
Copied: Conference
On: November 14th, 1977
Action: Will Write Memorandum Opinion
A memo where a justice states that he or she will circulate a memorandum opinion draft, including that a memorandum opinion will be out soon or that a revised draft of the memorandum opinion will be circulated

Document 6

From: William J. Brennan, Jr.
To: William H. Rehnquist
Copied: None
On: January 9th, 1978
Action: Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)
Cover Memo to Memorandum Opinion or Per Curiam Opinion (not assigned author)

Document 7

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: January 30th, 1978
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 8

From: William H. Rehnquist
To: Conference
Copied: None
On: January 31st, 1978
Action: Memorandum Opinion
This refers to a memorandum opinion draft

Document 9

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: February 13th, 1978
Action: May Join Memorandum Opinion (Author is Assigned Justice)
Memo stating that the justice agrees, but does not join, the memorandum opinion drafted by the assigned opinion author (e.g., could go along with memorandum opinion; agrees generally with memorandum opinion; agree tentatively with memorandum opinion; will join memorandum opinion if it becomes majority opinion)

Document 10

From: Lewis F. Powell
To: Potter Stewart
Copied: None
On: February 21st, 1978
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 11

From: Potter Stewart
To: Warren E. Burger
Copied: Conference
On: February 23rd, 1978
Action: Memo Regarding Meeting Time, Place or Agenda
Memo may suggest that the justice talk or discuss an issue at conference; memo may maintain that no further conference discussion is needed; memo may state that a justice will be away

Document 12

From: John Paul Stevens
To: Conference
Copied: None
On: February 23rd, 1978
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 13

From: Lewis F. Powell
To: Conference
Copied: None
On: February 23rd, 1978
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 14

From: Warren E. Burger
To: Conference
Copied: None
On: February 23rd, 1978
Action: Memo Regarding Meeting Time, Place or Agenda
Memo may suggest that the justice talk or discuss an issue at conference; memo may maintain that no further conference discussion is needed; memo may state that a justice will be away

Document 15

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: February 23rd, 1978
Action: Memorandum Opinion Author's Response (not assigned author)
Memorandum Opinion Author's Response (not assigned author)

Document 16

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: February 25th, 1978
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 17

From: William H. Rehnquist
To: Lewis F. Powell
Copied: None
On: March 5th, 1978
Action: Memorandum Opinion Author's Response (not assigned author)
Memorandum Opinion Author's Response (not assigned author)

Document 18

From: William H. Rehnquist
To: Conference
Copied: None
On: March 6th, 1978
Action: Memorandum Opinion Author's Response (not assigned author)
Memorandum Opinion Author's Response (not assigned author)

Document 19

From: Harry A. Blackmun
To: Conference
Copied: None
On: March 6th, 1978
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion
Action: Propose Disposition in Case (Vote in a Case)
DIG (dismiss cert as improvidently granted); want to reach merits instead of DIG; would not DIG; affirm; reverse; remand; vacate; moot; court lacks jurisdiction; conference vote; withhold vote for now; defer vote; adhere to conference vote; initial vote in case; change conference vote; memo asking how others' vote on disposition

Document 20

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: March 13th, 1978
Action: Dissent Opinion Assignment
The memo may ask another justice to write a dissent; a justice may indicate that the dissent will not be assigned right now; memo responding to a dissent assignment (but not accepting assignment, which would be Code 204)

Document 21

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 4th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 22

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: April 5th, 1978
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 23

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: April 10th, 1978
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion
Action: Will Write "Separate Opinion"
A memo where a justice states that he or she will circulate a "separate opinion" draft, including that a "separate opinion" will be out soon or that a revised draft of the "separate opinion" will be circulated
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 24

From: William J. Brennan, Jr.
To: John Paul Stevens
Copied: Conference
On: April 10th, 1978
Action: Majority Opinion Author's Response
May be response to a suggestion, reservation, or a separate opinion; may also say that author will respond to another opinion; may state majority opinion author's change to opinion that was not prompted by another justice; may indicate that the opinion is different from the conference discussion; may be a circulation of a portion of the opinion (a footnote, multiple pages without circulating the whole opinion); may be a suggestion from the majority opinion author regarding several options for changing majority opinion; may be a suggestion from the author for a change that could be made to opinion

Document 25

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: April 11th, 1978
Action: Will Write "Separate Opinion"
A memo where a justice states that he or she will circulate a "separate opinion" draft, including that a "separate opinion" will be out soon or that a revised draft of the "separate opinion" will be circulated
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author
Action: Join Majority If...
Justice sends memo to majority opinion author that states that the conditions under which the justice can or will not join the majority opinion; this includes memos with language like will join if..., will join the majority opinion if author makes changes suggested by another justice, or will join part of majority opinion if...; these memos may also state that a justice cannot join majority opinion if..., or could not join an opinion with a particular point, will withdraw join if...

Document 26

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: April 12th, 1978
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 27

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: April 12th, 1978
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 28

From: William J. Brennan, Jr.
To: Byron R. White, Lewis F. Powell, John Paul Stevens
Copied: Conference
On: April 13th, 1978
Action: Majority Opinion Author's Response
May be response to a suggestion, reservation, or a separate opinion; may also say that author will respond to another opinion; may state majority opinion author's change to opinion that was not prompted by another justice; may indicate that the opinion is different from the conference discussion; may be a circulation of a portion of the opinion (a footnote, multiple pages without circulating the whole opinion); may be a suggestion from the majority opinion author regarding several options for changing majority opinion; may be a suggestion from the author for a change that could be made to opinion
Action: Will Circulate Majority Opinion
A memo where a justice states that he or she will circulate a majority opinion draft, including that an opinion will be out soon or that the author will revise majority opinion without stating the changes

Document 29

From: William H. Rehnquist
To: Conference
Copied: None
On: April 14th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 30

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 21st, 1978
Action: Majority Opinion Author's Response
May be response to a suggestion, reservation, or a separate opinion; may also say that author will respond to another opinion; may state majority opinion author's change to opinion that was not prompted by another justice; may indicate that the opinion is different from the conference discussion; may be a circulation of a portion of the opinion (a footnote, multiple pages without circulating the whole opinion); may be a suggestion from the majority opinion author regarding several options for changing majority opinion; may be a suggestion from the author for a change that could be made to opinion
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion

Document 31

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: April 21st, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 32

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: April 24th, 1978
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 33

From: William J. Brennan, Jr.
To: Potter Stewart
Copied: Conference
On: April 25th, 1978
Action: Majority Opinion Author's Response
May be response to a suggestion, reservation, or a separate opinion; may also say that author will respond to another opinion; may state majority opinion author's change to opinion that was not prompted by another justice; may indicate that the opinion is different from the conference discussion; may be a circulation of a portion of the opinion (a footnote, multiple pages without circulating the whole opinion); may be a suggestion from the majority opinion author regarding several options for changing majority opinion; may be a suggestion from the author for a change that could be made to opinion
Action: Will Circulate Majority Opinion
A memo where a justice states that he or she will circulate a majority opinion draft, including that an opinion will be out soon or that the author will revise majority opinion without stating the changes

Document 34

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: April 26th, 1978
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author
Action: Will Write Concurring Opinion
A memo where a justice states that he or she will circulate a concurring opinion draft, including that a concurring opinion will be out soon or that a revised draft of the concurring opinion will be circulated; this may also apply to opinions that concur in part or concur in the judgment or result

Document 35

From: John Paul Stevens
To: William J. Brennan, Jr.
Copied: Conference
On: April 26th, 1978
Action: Join Part of Majority Opinion
Memos where a justice joins part of a majority opinion or where a justice joins all but part "X" of the majority opinion
Action: Will Not Write "Separate Opinion"
A memo where a justice states that he or she will not write a "separate opinion"

Document 36

From: William H. Rehnquist
To: Conference
Copied: None
On: April 26th, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 37

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: April 27th, 1978
Action: Endorse Another Justice's Suggestion
Memos where a justice states agreement with another justice's suggestion to the majority opinion author (e.g., I am about where Justice X is, agree with Justice X's letter to you, I have no problem with Justice X's suggestion, agree with another justice's comment, is Justice X's suggestion ok with you). The identity of the justice whose suggestion is endorsed is located in the JOINED variable.
Action: Suggestion before Majority Opinion Circulated
Justice makes a suggestion or lays out position in the case before the majority opinion is circulated; discussion of issues before an opinion has been drafted; memo laying out other justice's position or describing how other justices’ have voted so far in the case; lays out position without directing it at a circulating opinion

Document 38

From: John Paul Stevens
To: Conference
Copied: None
On: April 27th, 1978
Action: Concur in Part
This refers to a concurring opinion draft that concurs in part of the majority

Document 39

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: April 29th, 1978
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author

Document 40

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: May 1st, 1978
Action: Join Majority If...
Justice sends memo to majority opinion author that states that the conditions under which the justice can or will not join the majority opinion; this includes memos with language like will join if..., will join the majority opinion if author makes changes suggested by another justice, or will join part of majority opinion if...; these memos may also state that a justice cannot join majority opinion if..., or could not join an opinion with a particular point, will withdraw join if...
Action: Suggestion to Majority Opinion
This includes memo with broad statements including that a justice cannot join the opinion, cannot join a part of the opinion, does not agree with the opinion, or has continuing doubts with the opinion; memos that indicate that the author's change is not enough; memos that make suggestions for specific changes to majority opinion or that express reservations about some aspect of the majority opinion; this code is also given for suggestions to memorandum opinions by an assigned author
Action: May Write "Separate Opinion"
A memo where a justice states that he or she may (or will probably) write a "separate opinion"

Document 41

From: William J. Brennan, Jr.
To: Lewis F. Powell
Copied: Conference
On: May 2nd, 1978
Action: Majority Opinion Author's Response
May be response to a suggestion, reservation, or a separate opinion; may also say that author will respond to another opinion; may state majority opinion author's change to opinion that was not prompted by another justice; may indicate that the opinion is different from the conference discussion; may be a circulation of a portion of the opinion (a footnote, multiple pages without circulating the whole opinion); may be a suggestion from the majority opinion author regarding several options for changing majority opinion; may be a suggestion from the author for a change that could be made to opinion

Document 42

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 4th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 43

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 4th, 1978
Action: Cover Memo to Majority Opinion or Per Curiam Opinion
This includes a cover memo to memorandum opinion if written by the assigned author; cover memo to changes to majority opinion
Action: Majority Opinion Author's Response
May be response to a suggestion, reservation, or a separate opinion; may also say that author will respond to another opinion; may state majority opinion author's change to opinion that was not prompted by another justice; may indicate that the opinion is different from the conference discussion; may be a circulation of a portion of the opinion (a footnote, multiple pages without circulating the whole opinion); may be a suggestion from the majority opinion author regarding several options for changing majority opinion; may be a suggestion from the author for a change that could be made to opinion

Document 44

From: Lewis F. Powell
To: William J. Brennan, Jr.
Copied: Conference
On: May 5th, 1978
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 45

From: Thurgood Marshall
To: William J. Brennan, Jr.
Copied: Conference
On: May 5th, 1978
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 46

From: Byron R. White
To: William J. Brennan, Jr.
Copied: Conference
On: May 8th, 1978
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 47

From: Potter Stewart
To: William J. Brennan, Jr.
Copied: Conference
On: May 15th, 1978
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 48

From: Harry A. Blackmun
To: William J. Brennan, Jr.
Copied: Conference
On: May 17th, 1978
Action: Join Majority Opinion
Memos where a justice joins the majority opinion includes please join me; I agree; I am still with you; I acquiesce; I will go along; I dissent but will be silent; graveyard join or dissent. This code includes join of memorandum opinions if it is written by the assigned author, orders if it disposes of case, decrees, per curiam opinions. It also includes statements that the justice joins, but subject to what others might write.

Document 49

From: Lewis F. Powell
To: Conference
Copied: None
On: May 17th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 50

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: May 18th, 1978
Action: Majority Opinion
This refers to a majority opinion draft

Document 51

From: William H. Rehnquist
To: Conference
Copied: None
On: May 23rd, 1978
Action: Dissenting Opinion
This refers to a dissenting opinion draft, including dissents from denial of certiorari if in opinion form

Document 52

From: Lewis F. Powell
To: Conference
Copied: None
On: May 24th, 1978
Action: Separate Opinion Author's Response
Circulation of Change to Separate Opinion (e.g., footnote, portion of opinion, adding paragraph); this occurs in a memo, not on a draft opinion; circulation of change to unlabeled opinion

Document 53

From: Lewis F. Powell
To: Conference
Copied: None
On: May 25th, 1978
Action: Concurring Opinion
This refers to a concurring opinion draft

Document 54

From: Warren E. Burger
To: William H. Rehnquist
Copied: Conference
On: May 31st, 1978
Action: Join Dissent
Memos where a justice states that they join a dissenting opinion, including joining the dissent in part, joining a dissent from denial of cert, or joining a dissent at foot. The identity of the dissenting opinion author who receives the join is located in the JOINED variable.

Document 55

From: William J. Brennan, Jr.
To: Conference
Copied: None
On: June 13th, 1978
Action: Announcements of Opinion
This includes memos about the timing of a decision announcement (e.g., can we hold this case for a week; opinion should be handed down tomorrow; opinion not ready for case to come down; take as much time as you need); memos about the pace of opinion writing (e.g., a justice’s delay in a case or apologizing for a delay or holding up another justice); memo requesting that a justice make an announcement regarding an opinion