1981-136RESOLUTION NO. 81R- 136
~' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM 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 handed down decisions that interpret Sections 1983
and 1988 of the Civil Rights Act (42 U.S. Code 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 make 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 damages, under Title 42 U.S.
Code, 1983-1988, have reached an unprecedented level that
strikes at the solvency of local governments; and
WHEREAS, the cost of defending unjustified Civil Rights
cases has subjected municipal governments to heavy expense and
a disastrous fiscal drain on local tax funds; and
WHEREAS, the threat of unjustified Civil Rights actions
and punitive damages has resulted in municipal employees becom-
ing reluctant to perform their official duties in an aggressive
manner; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council
of the City of Anaheim that the Congress of the United States be
urged to amend Title 42, United States Code, Sections 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 FURTHE R RESOLVED that the City Clerk is directed
to forward a certified copy 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 each city in the County of
Orange.
-1-
THE FOREGOING
the City Council of the
March, 1981.
RESOLUTION is approved and adopted by
City of Anaheim this 24th day of
IM
ATTESTS
CITY CLERK OF THE TY OF ANAHEIM
r~1PH: jh
-2-
'""'~.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 81R-136 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 24th day of March, 1981, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENTt COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 81R-136 on the 24th day of March, 1981.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 24th day of March, 1981.
CITY LERK OF THE CI OF ANAHEIM
(SEAL)
I, LINDA iJ. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 81R-136 duly passed and adopted
by the Anaheim City Council on March 24, 1981.
~CI7.'Y CT~ERK