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RESOLUTION NO. 83-49 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, URGING THE UNITED STATES CONGRESS TO PASS SENATE BILL 141 AMENDING 42 USC 1.983 AND 1988. WHEREAS, prior to 1978 all municipalities and counties in the United States were immune from liability under 42 USC 1983 and 1988, and WHEREAS, subsequent to 1978 all municipalities and counties in the United States became strictly liable for damages under these sections regardless of whether the constitutional rights allegedly violated were clearly established at the time of the alleged violation, and WHEREAS, the current status of the law does not allow a county or municipality to raise A"good fait " 4��« defense in cases alleging a violation of an individual's constitutional rights, and WHEREAS, many cases tried under these sections have resulted in damage awards against municipalities and counties in situations where the municipal officers or county officers involved had no way of knowing at the time of the alleged viola- tion that their conduct was in violation of law and in effect punishes municipal taxpayers and officials for behavior which they had no way of• determining was wrong at the time, and WHEREAS, damage awards in such lawsuits represent a serious threat and significant burden to local governments throughout the United States. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The United States Congress is urged to enact Senate Bill 141 amending 42 USC Sections 1983 and 1988 to limit damage awards against municipalities and counties to only those situ- ations where the municipal officers involved violate clearly established constitutional rights and further to limit the award of attorney's fees and costs recoverable .in actions brought under Sections 42 USC 1983 and 1988, and 2. The Board of County Commissioners urges the -1-