HomeMy WebLinkAbout81-21 - Urging U.S. Congress to Limit Liability of Cities in Civil Rights ViolatorsRESOLUTION NO. 81-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA URGING THE CONGRESS OF THE
UNITED STATES TO AMEND TITLE 42 UNITED STATES
CODE SECTIONS 1983 AND 1988 TO LIMIT THE LIA-
bILITY Ur MUNICiVHL GOVERNMENTS AND TO LIMIT
ATTORNEY'S FEES IN ACTIONS ALLEGING VIOLATIONS
OF CIVIL RIGHTS.
WHEREAS, the Supreme Court of the United States has recently
handed down decisions that interpret Sections 1983 and 1988 of the
Civil Rights Act (42 U.S. Code 1983 and 1988) so as to extend the
liability of municipal governments to an extraordinary degree; and
WHEREAS, in the past year, the liability of city and county
governments has been extended by the Supreme Court of the United States
to make such local governments liable under 42 U.S. Code 1983 even
when the government employees taking the action complained of are not
liable; and
WHEREAS, claims filed against municipal governments for damages,
including punitive damages, under Title 42 U.S. Code 1983 through
1988, have reached an unprecedented level that strikes at the solvency
of local governments; and
WHEREAS, the cost of defending unjustified Civil Rights cases
has subjected municipal governments to heavy expense and a disastrous
fiscal drain on local tax funds; and
WHEREAS, the threat of unjustified Civil Rights actions and puni-
tive damages has resulted in municipal employees becoming reluctant to
perform their official duties in an aggressive manner;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Costa Mesa that the Congress of the United States be urged to amend
Title 42, United States Code, Sections 1983 and 1988 so as to limit the
liability of municipal governments in Civil Rights actions and to limit
or eliminate attorney's fees in actions alleging violations of civil
rights.
BE IT FURTHER RESOLVED that the City Clerk is directed to forward
a certified copy of this Resolution to the California United States
Senators, to Orange County members of the House of Representatives of
the United States, and the League of California Cities, Orange County
Division.
PASSED AND ADOPTED this 20th d o p '1, 1981.
ayor of t e City of Costa Mesa
ATTEST:
C y Clerk of the City of Costa M a
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa hereby certify that the above and
foregoing Resolution No. 81-21 was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof, held on
the 20th day of April, 1981.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the
Seal of the City of Costa Mesa this 21st day of April, 1981.
-Citj Clerk of the City of Costa Mes