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R-300 - 04/14/1981 - GOVERNMENT LEGISLATION - Resolutions r Y ( UESiMi' T • 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. .00/10,:-•...,........ . a G +t+v " ,. . :*$l,*T` 1 ., , Resolution R- 300 • Page i , . Ayes: Trustees Conlreve/ Isirte, Philip, Reynolds Rush and Watson Nays: „- Absent: e . / • • 'iv/ - ' //r . - , , .1 „//.� 4 t ATTEST: �, �. 3 �_ � riyix