HomeMy WebLinkAboutResolution 416 Senate Bill 141
RESOLUTION NO. 416
A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA
URGING THE UNITED STATES CONGRESS TO PASS SENATE BILL
141 AMENDING 42 U.S.C. SS 1983 and 1988; FURTHER URGING
THE UNITED STATES CONGRESS TO MAKE SAID AMENDMENTS
APPLICABLE TO ALL CASES NOW AND HEREAFTER PENDING IN
THE FEDERAL TRIAL AND APPELLATE COURTS.
WHEREAS, prior to 1978, all municipalities in the United States
of America were immune from damage liability under 42 U,S.C. SS 1983 and
1988, and
WHEREAS, subsequent to 1978, all municipalities in the United
States of America became strictly liable in damages under 42 U,S.C. SS 1983
and 1988, regardless of whether the constitutional right allegedly violated was
clearly established at the time of the alleged violation, and
WHEREAS, without having been allowed to raise "good faith" as a
defense, municipalities throughout the United States of America have been
held liable in damages for violating constitutional rights they had no way
of knowing existed at the time of the alleged violation, and
WHEREAS, such law suits awarding damages against municipalities
for violations of rights the municipal officers involved had no way of knowing
existed at the time of the alleged violation in effect punishes municipal
taxpayers and municipal officials for behavior there was no way of knowing
was wrong, and
WHEREAS, damage awards in such law suits represent a significant
burden on municipalities and municipal taxpayers throughout the United States
of America.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF WINTER SPRINGS, FLORIDA, THAT:
SECTION I - The City Commission of the City of Winter Springs,
Florida, urges the United States Congress to enact Senate Bill 141 amending
42 U.S.C. SS 1983 and 1988 to limit damage awards against municipalities to
only those situations where the municipal officials involved violated clearly
established constitutional rights and to limit the award of attorneys' fees
and costs recoverable in actions brought under 42 U.S.C. SS 1983 and 1988.
SECTION II - The City Commission of the City of Winter Springs,
Florida, further urges the United States Congress to expressly state within
the bill amending 42 U.S.C. SS 1983 and 1988, as above, that all trial courts
and appellate courts of the United States of America should examine each case
before them under 42 U,S.C. SS 1983 and 1988 to determine whether the
constitutional rights asserted in that case were clearly established at
the time of the alleged violation, and, should they find that those rights were
not clearly established at the time of the alleged violation, to deny any award
of damages against the municipality involved for violation of rights not clearly
established at the time of the alleged violation
SECTION III - This resolution shall become effective immediately
upon its passage and adoption.
Passed and adopted this 24 day of May, 1983.
CITY OF WINTER SPRINGS, FLORIDA
JOHN V. TORCASO, MAYOR
ATTEST:
Mary T. Norton
City Clerk