HomeMy WebLinkAbout37-81 RESOLUTION•
RESOLUTION NO. , 3 .7.6p1
A RESOLUTION URGING THE ARKANSAS CONGRESSIONAL
DELEGATION TO STUDY, APPROVE, INTRODUCE AND SUPPORT
A BILL PROPOSED BY THE NATIONAL INSTITUTE OF MUNICIPAL
LAW OFFICERS TO LIMIT THE LIABILITY OF STATES AND
POLITICAL SUBDIVISIONS AND TO LIMIT ATTORNEY'S FEES
IN ACTIONS ALLEGING VIOLATIONS OF CIVIL RIGHTS.
WHEREAS, under recent decisions of the United States
Supreme Court, states and political subdivisions are amenable
to suit under the Civil Rights Act and have been denied any
immunity derived from the absolute or good faith immunity of
their officials; and
_WHEREAS,;.the:United States Supreme Court has construed
the Civil Rights Act to cover not only constitutional violations,
but also violations of federal law; and
WHEREAS, said Supreme Court decisions have resulted in
hundreds of lawsuits being filed against state and local
governments claiming millions of dollars in damages and attorney's
fees thereby threatening the financial stability of said governments;
and
WHEREAS, the National Institute of Municipal Law Officers
is proposing an amendment to 42 U.S.C. Sec. 1983 to limit the
coverage of said statute to civil rights violations, no matter
what remedy is sought and to make available to government
defendants the same immunity, absoluteor qualified, which is
applied to their employee co-defendants (actual or potential)
in any case; and
WHEREAS, NIMLO is proposing a bill to amend the Fees Act,
42 U.S.C. Sec. 1988, to eliminate its applicability to actions
under 42 U.S.C. Sec. 1983; and -,
WHEREAS, the Fayetteville Board of Directors has determined
that the aforesaid amendments are in the best public interest
and are necessary to safeguard the financial stability of local
governments.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF FAYETTEVILLE, ARKANSAS:
That the Board of Directors hereby strongly urges the
Arkansas Congressional delegation to study, approve, introduce
and support to amend the Civil Rights Act and Fees Act to
limit the liability of states and political subdivisions and
to limit attorney's fees in actions alleging violations of
civil rights. A copy of the NIMLO Bill supported by this
Resolution is attached hereto marked Exhibit "A" and made a
part hereof.
1981.
PASSED AND APPROVED thisc24U day of YCtA.A. ✓
ATTEST:
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+N,.t . C :TY CLERK
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APPROVED:
MICROFILMED
•
[NIIy1LO DRAFT,]
A BILL
To amend Sections 1979 and 722 of the
Revised Statutes to limit the liability
of states and political subdivisions
and to limit attorney's fees in actions
alleging violations of civil rights.
EXHIBIT` A
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, that this
Act may be cited as "The Civil Rights and Attorney's Fees Awards
Amendments. of 1981."
SEC. 2. That the Revised Statutes Section 1979 (42 U.S.C.
1983) as amended is amended further as follows:
(a) By inserting "(a)" immediately before "every", and
by striking the period after "Columbia" and inserting
in lieu thereof ";";
(b) By adding the words "civil rights" immediately before
"laws"; and
(c) By adding at the end thereof the following new sub-
section:
"(b) In any action, suit or proceeding under the
provisions of this Section, a State or a
political subdivision of a State, including
a municipality, county, town, borough, parish,
village or school district, shall be immune
from liability for damages or any other relief
where the act complained of was performed in
good faith by its officials or employees,
or where the officials or employees are them-
selves immune from liability under this section.
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SEC.3. That the Revised Statutes Section 722 (42 U.S.C.
1988) as amended is amended further by striking the following:
"to enforce a provision of sections 1977, 1978, 1979, 1980
and 1981 of the Revised Statutes, title IX of Public Law
92-318," by striking "or" immediately preceding "title VI of
the Civil Rights Act of 1964" and inserting in lieu thereof
the following:" by or on behalf of the United States of America,
to enforce, or charging a violation of,"
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