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4/8/81
RESOLUTION NO. 81-65
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA URGING THE
CONGRESS OF THE UNITED STATES TO
AMEND TITLE 42 UNITED STATES CODE
SECTIONS 1983 AND 1988 TO LIMIT
THE LIABILITY OF MUNICIPAL GOVERN-
MENTS 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, 1983-1988, 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 disatrous fiscal drain on local tax funds; and
WHEREAS, the threat of unjustified Civil Rights
actions and punitive damages has resulted in municipal
employees becoming reluctant to perform their official
duties in an aggressive manner; and
NOW, THEREFORE, BE IT RESOLVED, by the City
Council of the City of Santa Ana 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, the League of California Cities,
Division, and each city in the County of
Orange County
Orange.
ADOPTED, this 20th day of Apr]] ,
1981, by the following vote:
AYES:
NOES:
COUNCILMEMBER:
COUNCILMEMBER:
Acosta, Bricken, Griset, Luxembourger,
Markel, McGuigan, Serrato
None
ABSENT: COUNC ILMEMBER:
ATTEST:
~PPROVED AS TO FORM:
None
CITY ATTORNEY