Resolution 146-1983
RESOLUTION NO. 146 -1983
RESOLUTION URGING CONGRESS TO PASS SENATE BILL 141
AMENDING TITLE 42 U. S. CODE SECTIONS 1983 AND 1988.
WHEREAS, Congress has enacted Title 42 U. S. Code Sections 1983
and 1988, and that there has been instances where municipal govern-
ments and counties have been charged with the violation of constitu-
tional rights leading to large verdicts, and
WHEREAS, the aforesaid Title 42 U. S. Code Sections 1983 and
1988 did not provide and does not afford the various municipalities
and the counties of this country a chance to defend these alleged
constitutional right invasions on the basis of good faith, now, there-
fore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
1. That Senate Bill 141 pending in the U. S. Senate does
afford an amendment to Title 42 U. S. Code Sections 1983 and 1988
such that the counties and the cities in this country may interpose
good faith as a defense to constitutional rights suits under said
Title, that such amendment is predicated upon the ability of the
municipality or the county to interpose good faith as a defense to
such alleged invasion of constitutional rights under this Title 42
U. S. Code specifically.
2. That the Mayor and County Commission of Monroe County do
urge the Senators from Florida to support this amendment in Senate
Bill 141 with all of their energy, thus alleviating the unfairness
now existing in the law wherein the cities and counties cannot
avoid such alleged constitutional invasions on the basis that they
acted in good faith.
3. That the Clerk of this Board is hereby instructed to
forthwith forward to Senators Paula Hawkins and Lawton M. Chiles
and Representative Dante Fascell a copy of this resolution.
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Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held on
the 27th day of May, A.D. 1983.
(Seal)
At tes t: RALPH W. VIHnE, CLERK
1 'v: 7;Yv..0 1"1\. P ~ .0 "-
Clerk
APPROVED AS TO FORM
A GAL SUFFICIENC
BY