HomeMy WebLinkAbout1983-049RESOLUTION 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
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represent&tives from t'iie State of Florida to use their best
efforts in urging the passage of this important law.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded
by Commissioner Lyons and, upon being put to a vote, the
vote was as follows:
Chairman Richard N. Bird Aye
Vice -Chairman Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner Patrick B. Lyons Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 6th
Attest:_) ^j
FREDA-WRIGHT, Cle k
APPROVED, -AS TO FORM
AND LEG#YSUF
By 1
Y . BRANDENBU G
0ounty Attorney
day of July , 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
1 �—
By�
RICHARD N. BIRD
Chaiiman