1983-11-21 - Resolution 1983-43 - SUPPORTING THE PASSAGE OF SENATE BILLS S.81 AND 2.141RESoLUTToN No. 83- l,3
SIIPPORTING THE PASSAGE OF SENATE BILLS
s.81 AND S.141
I,IIIEREAS, Sectlon 1983 (42 U.S.C. Sectlon 1983), as orlglnated in
the Clv11 Rlghts Act of Aprll 20, L87L, rras enacted by Congress pursuant
to Sectlon 5 of the I'ourteenth Amendment in order to enforce the Amendment i
and
WI{EREAS, under precedent of Main v. Thiboutot 448 u. s. 1 (1980) ,
Section 1983 actions also may be brought for violations of statutes unre-
lated to civil or equal rights; and
I{HEREAS, the United States Supreme Court, in owen v. Cit of Indepen-
dence, 445 lJ.S. 622 (1980), created a rule of absolute 1labi1ity for municipal
defendants in Section 1983 suits, while retaining the good faith defense for
nunicipal officers and employees ln those same suits; and
WIIEREAS, the applicatlon of Owen to hold a munlcipality llable uader
Sectlon 1983 for the decislons of its officers and employees may cripple
the ability of municipal governmental entities, agencies and departments to
make respooslble declslons, free from the threats of constant litigation and
the lnposition of substantlal damage awards upon subsequent Federal judicial
scrutiny of those governmenEal decislons; and
WIEREAS, the cost to nunlcipalities of defendlng prlma facie Section
L983 suits, regardless of the nerits of the actions and the avai.labillty of
alternative state or statutory remedies, i.s further burdening the already
stralned budgets of nunicipal governments; and
WHEREAS, in all Section 1983 actlons' attorneyrs fees are required to be
pald to prevailing plaintiffs under the civil Rights Attorneyrs Fees Awards
Act of 1976, thus fosterlng the allegation of Sectlon 1983 vlolations when-
ever possible to suPPlenent other legal clalms and encouraging the lnitiatlon
and maintenance of frivolous and burdensome Federal Court sults against
municipallties at the exPense ' ultlnately, of municlpal taxPayers; and
(1)
(2)
IIEEREAS, subsequent decislons of rhe Uoited States Supreme Court in the
cases of City of Newport v. Fact Concerts, Inc., 453 u.s. 247 (L98]-');
Middlesex County Sewerage Authority v. National Sea C1anmers , 453 U,S, 1
(1981); and Hensley v. Eckerhart, 103 S. Ct. 1933 (1983) , have establlshed
that: punitlve damages are not avallable against municipalities ln Section
1983 cases, federal statutes which provlde a prlvate right of actlon cannot
also be the basis for Sectlon L983 sults against nunlclpalit.ies, and the
extent of plalntlffrs success ls a cruclal facLor ln determlnlog the proper
amount of a Section 1983 fee award, but do not otherwlse clearly Llmlt
Sectlon 1983 or the holdings and the lnpllcations in Owen and Thiboutot.
NoW, TIIEREFoRE, BE IT RESOLVED by rhe presldent and Board of Trustees
of the Vill-age of BuffaLo Grove, Cook and Lake Countles, Illinois, as
follows:
1. That the Presldent and Board of Trustees ful1y support the passage
of Senate Bi11s S.81 and S.141.
2. That the Village Clerk is hereby authorlzed and directed to trans-
nit certlfied copies of this ResoLution to UnLted States Senators
Alan Dixon and Charles Percy.
AyES: 5 - llarienthal, 0rReil ly, Hartstein, Glover, Reid
NA'ES: 0 - None
ABSENT: I - S tone
pASSED: November 2l 1983
AppROVED: November 2l
-'/vi11 age President
ATTEST !
.-:
'!e,*.111i&...!,,-*viuaEd clerk
, 1983
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