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�A'1K e.5 <br />*•'�!i C Q AUR PAR44DIlCOIW94 PA&.kC-�d-BIIDA 32789 <br />c'rr e; yof*� tip" Community Dev. <br />w utilities 130�6ad•9860 <br />Finance <br />OFFICE Other <br />OF THE <br />CITY MANAGER May 3, 1983 <br />TO: Mayors/City Managers - State of Florida <br />County Commission Chairmen/County Administrators - State of <br />Florida <br />FROM: David T. Harden, City. Manager/?/` <br />SUBJECT: Local government liability under /42 USC, Section 1983 <br />The City of Winter Park urges your support for passage of Senate <br />Bill 141. Passage of this bill would amend Title 42 U.S. Code, <br />Sections 1983 and 1988, to allow local governments to raise good <br />faith as a defense against alleged violation of constitutional rights. <br />The City of Winter Park is currently involved in a case where the <br />jury at the Federal District Court level has awarded a plaintiff more <br />than $300,000 in damages. This particular case has been in the federal <br />courts since 1975. The constitutional rights the City is alleged to <br />have violated were not clearly established until several years after <br />the events which led to the law suit. As a matter of fairness, to hold <br />a municipality liable for violating a constitutional right that didn't <br />exist at the time of the alleged violation is almost like allowing the <br />federal judiciary to pass ex post facto laws with which to punish a <br />local government for behavior it had no way of knowing was constitutionally <br />"wrong". Enclosed is a resolution urging passage of Senate Bill 141, <br />together with a copy of the bill and an article from the National Institute <br />of Municipal Law Officials discussing the background of this legislation. <br />The bill is scheduled for hearings before the Subcommittee on the Constitution <br />on May 12. <br />This matter should be of vital concern- to all local governments throughout <br />the state of Florida and the entire nation. Your assistance in supporting <br />this legislation will be greatly appreciated. It will relieve local tax- <br />payers of substantive unwarranted liability and would not in -any way de- <br />prive plaintiffs of their rights. <br />Thank you for your support. Please let me know if you need any additional <br />information from us. <br />dth/a <br />cc: Senator Paula Hawkins <br />Senator Lawton M. Chiles <br />Representative William McCollum <br />Florida League of Cities <br />Attorney Brandenburg explained that the City of Winter <br />Park, Florida is requesting the support of Indian River <br />County in urging Congress to change certain portions of <br />25 <br />