R-300 - 04/14/1981 - GOVERNMENT LEGISLATION - Resolutions r Y ( UESiMi' T
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R. 3 o0
RESOLUTION R- 300
WHEREAS, in 1871, the Congress of the United States, concerned
about reports of mob violence in the South, after much debate passed the
Civil Rights Act of 1871, which law has subsequently been codified as
42 U.S.C. 81983, commonly known as the Federal Civil Rights Act; and
WHEREAS, for ninety years following its enactment, Section 1983
was seldom used as a civil rights remedy until, in 1961, in the case of
Monroe v, Pape, the United States Supreme Court held that, municipal
ocials who abused their authority could be liable under Section 1983,
but that municipalities were not "persons" under the original enactment
and therefore not liable in dama$es and
WHEREAS, the decision in Monroe was followed for 17 years until
the said Supreme Court in 1978 overruled Monroe and held in the case
of Monell v. Department of Social Services that municipalities maybe sub-
ject to liability for money damages under Section 1983; and
WHEREAS, in April, 1980, the said Supreme Court further expanded
its interpretation of Section 1983 in the case' of Owen V. Cit . of In-
dependence in which the Court held that municipalities would be str ctly
liable under Section 1983 for civil rights violations, even if the of-
fending officer or employee is not otherwise liable by reason of a
"good faith immunity"; and
WHEREAS, in June, 1980, the said Supreme Court again extended the
scope of Section 1983, holding, in the case of Maine, v. Thiboutot that
Section 1983 provides a cause of action for vioations o rig is created
by federal statutes as well as by constitutional law, so that noW-
municipalities may be held strictly liable for errors in the administra-
tion of complex federal, statutes; and
WHEREAS, in all Section 1983 cases the Courts'are authorized to
award attorneys fees pursuant to the Civil Rights Attorneys Fees Award.
Act of 1976, 42 `U.S.C., Section 1988; and
WHEREAS, the expansion of the liability and potential liability
of municipalities under Sections 1983 and 1988 has greatly increased the
expenses of municipalities in defending civil rights actions and in
paying judgments and attorneys fees to successful plaintiffs, thereby
causing serious concern for the financial stability of municipalities;
NOW, THEREFORE, -BE IT, RESOLVED BY THE PRESIDENT. AND BOARD OF
TRUSTEES OF THE VIlLAGE. OF -OAK BROOK, DU PAGE AND COOK COUNTIES,
ILLINOIS as follows:
Section 1: That the Intergovernmental Risk Management Agency (I.R.M.A.)
be urged to use its best efforts to seek amendments to the Federal Civil
Rights enactments of Sections 1983 and 1988 ,to overcome the effects of
the Supreme Court decisions to protect the fiscal integrity of local
governments.
Section 2: That the Intergovernmental Risk Management Agency (I.R.M.A.)
be urged to coordinate its efforts to amend Section 1983 and 1988 with
various ;national or'gamiaations seeking the same ojective, including the
drafting of the-legislation called for in this Resolution, the collection
of data in support of such legislation, and testifying before committees
of Congress.
Section 3: That the President and Board of Trustees forward a copy
of thisResol.ution to its Congressional Representatives and urge them
to sponsor and support appropriate legislation called for in this
Resolution, and further forward a copy of this Revolution to the
I.R.M.A. Risk Manager.
Passed this 14th ,;day of April 1981.
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Resolution R- 300 •
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Ayes: Trustees Conlreve/ Isirte, Philip, Reynolds Rush and Watson
Nays: „-
Absent: e .
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ATTEST:
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