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REL:adg <br />4/8/81 <br /> <br />RESOLUTION NO. 81-65 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF <br />THE CITY OF SANTA ANA URGING THE <br />CONGRESS OF THE UNITED STATES TO <br />AMEND TITLE 42 UNITED STATES CODE <br />SECTIONS 1983 AND 1988 TO LIMIT <br />THE LIABILITY OF MUNICIPAL GOVERN- <br />MENTS AND TO LIMIT ATTORNEY'S FEES <br />IN ACTIONS ALLEGING VIOLATIONS OF <br />CIVIL RIGHTS. <br /> <br /> WHEREAS, the Supreme Court of the United States <br />has recently handed down decisions that interpret Sections <br />1983 and 1988 of the Civil Rights Act (42 U.S. Code 1983 and <br />1988) so as to extend the liability of municipal governments <br />to an extraordinary degree; and <br /> <br /> WHEREAS, in the past year, the liability of city <br />and county governments has been extended by the Supreme <br />Court of the United States to make such local governments <br />liable under 42 U.S. Code 1983 even when the government <br />employees taking the action complained of are not liable; <br />and <br /> <br /> WHEREAS, claims filed against municipal <br />governments for damages, including punitive damages, under <br />Title 42 U.S. Code, 1983-1988, have reached an unprecedented <br />level that strikes at the solvency of local governments; and <br /> <br /> WHEREAS, the cost of defending unjustified Civil <br />Rights cases has subjected municipal governments to heavy <br />expense and a disatrous fiscal drain on local tax funds; and <br /> <br /> WHEREAS, the threat of unjustified Civil Rights <br />actions and punitive damages has resulted in municipal <br />employees becoming reluctant to perform their official <br />duties in an aggressive manner; and <br /> <br /> NOW, THEREFORE, BE IT RESOLVED, by the City <br />Council of the City of Santa Ana that the Congress of the <br />United States be urged to amend Title 42, United States <br />Code, Sections 1983 and 1988 so as to limit the liability of <br />municipal governments in Civil Rights actions and to limit <br />or eliminate attorney's fees in actions alleging violations <br />of civil rights. <br /> <br /> BE IT FURTHER RESOLVED that the City Clerk is <br />directed to forward a certified copy of this Resolution to <br />the California United States Senators, to Orange County <br />members of the House of Representatives of the United <br /> <br />States, the League of California Cities, <br />Division, and each city in the County of <br /> <br />Orange County <br />Orange. <br /> <br /> ADOPTED, this 20th day of Apr]] , <br />1981, by the following vote: <br /> <br />AYES: <br /> <br />NOES: <br /> <br />COUNCILMEMBER: <br />COUNCILMEMBER: <br /> <br />Acosta, Bricken, Griset, Luxembourger, <br />Markel, McGuigan, Serrato <br /> <br />None <br /> <br />ABSENT: COUNC ILMEMBER: <br /> <br />ATTEST: <br /> <br />~PPROVED AS TO FORM: <br /> <br />None <br /> <br />CITY ATTORNEY <br /> <br /> <br />