83-GGRESOLUTION NO. 83- ~
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, URGING
THE UNITED STATES CONGRESS TO PASS SENATE
BILL 141 AMENDING U.$.C. §§ 1983 and
1988; FURTHER URGING THE UNITED STATES
CONGRESS TO MAKE SAID AMENDMENTS
APPLICABLE TO ALL CASES NOW AND HEREAFTER
PENDING IN THE FEDERAL TRIAL AND
APPELLATE COURTSe
WHEREAS, prior to 1978, all municipalities in the
United States of America were immune from damage liability
under 42 U~S.C. ~§ 1983 and t988~ and
WHEREAS, subsequent to 1978~ all municipalities in
the United States of America became strictly liable in dam-
ages under 42 U.S.C. §§ 1983 and 1988, regardless of whether
the constitutional right allegedly violated was clearly
established at the time of the alleged violation; and
WHEREAS, without having been allowed to raise "good
faith" as a defense, municipalities throughout the United
States of America have been held liable in damages for
violating constitutional rights they had no way of knowing
existed at the time of the alleged violation; and
WHEREAS, such law suits awarding damages against
municipalities for violations of rights the municipal offi-
cers involved had no way of knowing existed at the time of
the alledged violation in effect punishes municipal tax-
payers and municipal officials for behavior there was no way
of knowing was wrong; and
WHEREAS~ damage awards in such law suits represent
a significant burden on municipalities and municipal tax-
payers throughout the United States of America.
NOW~ THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BOYNTON BEACH~ FLORIDA:
Section 1. The City Council of the City of Boynton
Beach~ Florida, urges the United States Congress to enact
Senate Bill 141 amending 42 U.S.C. §§ 1983 and 1988 to limit
damage awards against municipalities to only those
situations where the municipal officials involved violated
clearly established ~constitutional rights and to limit the
award of attorneys' fees and costs recoverable in actions
brought under 42 U.S~C. §§ 1983 and 1988.
Section 2. The City Council of the City of Boynton
Beach, Florida~ further urges the United States Congress to
expressly state within the bill amending 42 U.S.C. §§ 1983
and 1988~ as above~ that all trial courts and appellate
courts of the United States of America should examine each
case before them under 41 U.SoC. §§ 1983 and 1988 to deter-
mine whether the constitutional rights asserted in that case
were clearly established at the time of the alleged viola-
tion, and~ should they find that those rights were not
clearly established at the time of the alleged violation, to
deny any award of damages against the municipality involved
for violation of rights not clearly established at the time
of the alleged violation~
Section 3. The Resolution should take effect imme-
diately upon its adoption.
PASSED AND ADOPTED THIS
~ ~1983.
day of
CITY OF BOYNTON BEACH, FLORIDA
r
vic .... .
ATTEST:
(Corporate Seal)