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Correspondence - #21
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08/29/2023 Special
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Correspondence - #21
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10/25/2023 12:56:43 PM
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8/28/2023 3:28:39 PM
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City Clerk
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8/29/2023
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DOWDALL LAW OFFICES <br />A PROFESSIONAL CORPORATION <br />ATTORNEYS AT LAW <br />City of Santa Ana <br />August 28, 2023 <br />Page 15 <br />The Violations of Civil Rights of the Voters and Parkowners <br />The violations of the charter, the government code, and constitutional provisions for <br />charter governments proximately resulting the deprivation of constitutional rights on the part of <br />the mobilehome park owners in the city of Santa Ana. Under federal law, actions for damages <br />may be brought against individual leaders as agents of municipal Corporation such as the city of <br />Santa Ana. Each Council member should take fair notice that actions to promote violation of <br />constitutional rights may result in actions to determine whether or not compensation is required <br />for the damage cause, and the cognizable relief provided by federal law. In accordance with <br />opinions of the Ninth Circuit, <br />"We have found municipal liability on the basis of ratification when the officials <br />involved adopted and expressly approved of the acts of others who caused the <br />constitutional violation. See, e.g., Hammond v. County of Madera, 859 F.2d 797, <br />802-803 (9th Cir. 1988) (board, which was responsible for approving transfers of <br />rights -of -way, accepted and approved of transfer documents that resulted in <br />deprivation of constitutional rights);" <br />Trevino v. Gates (9th Cir. 1996) 99 F.3d 911, 920. <br />"(One) ...who has voluntarily undertaken the task of supervising the operation of <br />the school and the activities of the students, must be held to a standard of conduct <br />based not only on permissible intentions, but also on knowledge of the basic, <br />unquestioned constitutional rights of his charges. Such a standard imposes neither <br />an unfair burden upon a person assuming a responsible public office requiring a <br />high degree of intelligence and judgment for the proper fulfillment of its duties, <br />nor an unwarranted burden in light of the value which civil rights have in our <br />legal system. Any lesser standard would deny much of the promise of § 1983. <br />The U. S Supreme Court therefore concluded that the loyalty oath which requires a <br />public official to support and defend the constitution is enforced with federal remedies against a <br />dereliction of that civic responsibility. <br />... a school board member is not immune from liability for damages under § 1983 <br />if he knew or reasonably should have known that the action he took within his <br />sphere of official responsibility would violate the constitutional rights of the <br />student affected, or if he took the action with the malicious intention to cause a <br />deprivation of constitutional rights or other injury to the student.... A <br />compensatory award will be appropriate only if the school board member has <br />acted with such an impermissible motivation or with such disregard of the <br />-15- <br />
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