HomeMy WebLinkAboutCity Council - 5036 RESOLUTION NO. 5036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH REQUESTING THE UNITED STATES
CONGRESS TO AMEND TITLE 42 UNITED STATES CODE
SECTIONS 1983 , 1985 AND 1988 TO LIMIT THE LI-
ABILITY OF MUNICIPAL GOVERNMENTS AND TO LIMIT
ATTORNEY 'S FEES IN ACTIONS INVOLVING ALLEGED
VIOLATIONS OF CIVIL RIGHTS
WHEREAS, recent decisions of the United States courts , in-
terpreting 42 United States Code sections 1983, 1 8 and 1 88
p g 95 9 ,
the Civil Rights Act, have greatly extended the liability of mu-
nicipal government; and
Such interpretations during the past years have greatly ex-
panded the Civil Rights Act beyond its original purpose to eradi-
cate discrimination, and have transformed the Act into a general
federal tort law; and
Such increase in liability to local government, including
punitive damages , filed under Title 42 of the United States Code
sections 1983 , 1985 and 1988 , poses a serious threat to the sol-
vency of local government; and
The necessity of local government to defend itself against
a barrage of nuisance civil rights actions has created a drain
on local economy because of heavy litigation expense and the fis-
cal imbalance caused thereby; and
Government employees, charged with law enforcement, are being
hampered in performance of their duty to protect the local cit-
izenry because of the ever-present threat of civil rights suits ,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that it does hereby request the United
States Congress to adopt legislation to limit the liability of
municipal government, to limit application of the Act to unlawful
discrimination, and to limit attorney' s fees in actions in-
RCS :ahb
7/31/81 1.
v,
volving alleged violations of civil rights (Title 42 United
States Code sections 1983, 1985 and 1988) .
BE IT FURTHER RESOLVED that the City Clerk is hereby di-
rected to furnish copies of this resolution to appropriate
members of the United States Congress, the Orange County Board
of Supervisors, and the California League of Cities .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 8th
day of September , 1981.
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Mayor
ATTEST : INITIATED AND APPROVED AS TO
FORM:
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City Clerk City Attorney C
REVIEWED AND APPROVED :
ity Admin trator
2.
Res. No. 5036
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as:
CITY OF HUNT INGTON BEACH )
1, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 8th day
of September 1981 by the following vote:
AYES: Councilmen:
MacAllister, Thomas, Pattinson, Finley, Mandic, Kelly
NOES: Councilmen:
None
ABSENT: Councilmen:
Bailey
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California