HomeMy WebLinkAbout10046 - Limit Liability & Attorney FeesRESOLUTION NO. 10.0.46
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY
• OF NEWPORT BEACH URGING THE CONGRESS OF THE
UNITED STATES TO AMEND TITLE 42 UNITED STATES
CODE SECTIONS 1983 AND 1988 TO LIMIT THE
LIABILITY OF MUNICIPAL GOVERNMENTS AND TO
LIMIT ATTORNEY'S FEES IN ACTIONS ALLEGING
VIOLATIONS OF CIVIL RIGHTS
WHEREAS, the Supreme Court of the United States has
recently rendered decisions that interpret Sections 1983 and 1988
of the Civil Rights Act (42 U.S. Code Sections 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 hold such local governments liable unde 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,
Sections 1983 and 1988 have reached an unprecedented level that
presents a risk to the solvency of local Government; and
WHEREAS, the cost of defending unjustified Civil Rights
cases has subjected Municipal Governments to heavy expense and
substantial 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 a proper and
assertive manner,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
. the City of Newport Beach that the Congress of the United States
is urged to amend Title 42, United States Code, Section 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 hereby
authorized and directed to forward certified copies 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, Orange County Division,
and to each City in the County of Orange.
ATTEST:
City Clerk
ADOPTED this 26th day of _MaY , 1981.
HRC /pr
5 /11/81