Resolution 83-491RESOLDTION N0. 491
A RESOLllTION OF T'HE CITY OF LONGW00D, FLORIDA,
IRtGING THE DNITED STATES CONGRESS TO PASS SENATE
r~ BILL 141 AMENDING 42 U.S.C. §§ 1983 AND 1988:
FURTHER URGING THE UNIT£.D STATES CONGRESS TO YiARE
ACIENDMENTS APPLICABLE TO ALL CASES NOW ANO HEREAFTER
PF.ND ING IN THE PF.DERAL TRIAL AND APPELLATE CDIIRTS
YIHEREAS, prior en 19J8, all municipalities i the United States
of America w inmune from damage liability under 42 U.S.C. ®® 1983
and 1988, and2e
WHEREAS, subsequent to 19J8, all m is ipalie ies in ehe United
SCa of America became s ccly liablenin damages under 42 U.S.C.
SS 1983 and 1988, regardlessrof whether the c nst icu[ional right alleged-
ly violated was clearly established at the time of the alleged violation;
and
YINEREAS, withou[ having been allowed t raise "good faith" a
a defense, m cipalities ehroughout ehe Unieed States of Americas
have been hel drliable in damages for violating c nal rights
they had no way of knowing ex rsted ac the eime ofn ehetalle ged vinlation;
and
WNEREAS, such law s ar ding damages againse m pal it ies
For iolat of righcsuthe m oal officers i volvednhad-n way o£
knowing ex iseed a ehe c ofucheralleged violation i effect punishes
cipal taxpayers and m ipal officials for behavior Ehere Baas no
wayrof knowing was wrong;uand
WHEREAS, damage ards i uch law suits repre signif icanc
burden cipalities and mun.c ipal taxpayers throughout the Unieed
Stages of America, therefore,
HE IT RESOLVED eY THE CITY COMMISSION OF THE CITY OF LONG4)OOD,
FLORIDA, AS FOLLOWS:
Section 1: The Ci[y Conmiss ian of the City of Longwood,
Florida, urges ehe ^nic ed States Congress e t Senate Bi11 141
ending 42 U.S.C. SS 1983 and 1988 to limit damage awards againse
cipal it only rhos whey ehe m cipal officials
volved violated clearly e eablishedne stieueionalnriehes and t
1im the and of a neys' Lee and ~ s rec DVerabLe rn ac ttons
brought under 42 U.SCCU 55 1983 and 1900,st
r_
Section 2: The Ciey Commission of the City of Longwood, Florida,
further urges ehe United States Congress t expressly state within
the bill amending 42 U.S.C. SS 1983 and 1988, as above, that 11 rial
and appellate c of ehe Unieed Scaees of America hou3.d
ach c e beforerthem under 42 U.E.C. SE 1983 and 1988 e
deg whether the citutional rights a ged in ehac c
e clearly e t blishedna the t e of the alleged violae ion,at
deny any a rdsof damages aya instrthe m c.i.pality involved for violation
of rights not clearly established ae ehenerme of [he alleged violation.
Sec n 3: This Resolueion shall take effect invnediately upon Zes
adope ioneio
ADOPTED ae a egular m eeinR, of he Ciey Coavsi ss ion of the Cicy
of Longwood, Florida, held at City Nall, Long;ood, Florida this .,Z?'a/
day of May 1983. r-,~r
ty o ~Lo;xgaood, Florida
~~. A(T~~T/JE.ST:
Crty' C1erk~