HomeMy WebLinkAbout47-81 RESOLUTIONRESOLUTION NO. ifier/
A RESOLUTION URGING THE UNITED STATES CONGRESS TO
SUPPORT SENATE BILLS S.584 AND S.585 TO LIMIT THE
LIABILITY OF STATES AND POLITICAL SUBDIVISIONS 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 of lawsuits being filed against state and local
governments claiming millions of dollars in damages and
attorney's fees; and
WHEREAS, said lawsuits threaten the financial stability
of state and local governments; and
WHEREAS, Senator Hatch of Utah, Chairman of the subcommittee
on the Constitution of the Senate Judiciary Committee, has
introduced 5.584 which would limit the federal "laws" whose
violation triggers a Sec. 1983 cause of action to laws
"providing for equal rights of citizens or of all persons
within the United States"; and
WHEREAS, Senator Hatch has introduced S.585 which would
bar an action against a local government which "acted in
good faith with a reasonable belief that the actions of the
political subdivision were not in violation of any rights,
privileges, or immunities secured by the Constitution or by
laws providing for equal rights of citizens or persons"; and
WHEREAS, the Fayetteville Board of Directors has determined
that the aforesaid bills 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:
Section 1. That the Board of Directors hereby strongly
supports passage of 5.584 and S 585.
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'Section 2. That the Board of Directors strongly supports
passage of a bill to remove the availability of attorney's
fees in actions against state and local governments,under 42 U.S.C. 1983.
Section 3. That the Board of Directors,hereby strongly
opposes passage of 5.990.
PASSED AND APPROVED this
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