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RESOLUTION NO. 81-78
CONSENT CALENDAR
7-6-81
NO. 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
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 ~T3.EGING VIOLATIONS OF CIVIL
RIGHTS
WHEREAS, the Supreme Count of the United States has recently ren-
dered 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 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 ~mages, 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 puni-
tive damages has resulted in Municipal Employees becoming reluctant to per-
form their official d~ies in a proper and assertive manner,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Tustin that the Congress of the United Stat~s 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 Cali-
fornia 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.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tustin held on the 6th day of July, 1981.
MAYOR
CITY CLERK