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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: December 12, 2001
Subject: Authorization to join amicus curiae brief in support of
of the City of Sacramento in the case of Kay Barnes v. City of
/. . facramento
V.o: "'.tl J...L
From: JAMES F. PENMAN
Dept: CITY ATTORNEY
Synopsis of Previous Council action:.
None.
Recommended motion:
That the Mayor and Common Council authorize the City Attorney to join in the amicus curiae brief in support of
the City of Sacramento in the case of Kay Barnes v. Jeffrey Gorman.
L~-~
o Signature
Contact person: Robert 1. Simmons
Phone:
5355
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount: None
Source:
Finance:
Council Notes:
Agenda Item No. 3 f)...t
I a.} 17 jDI
STAFF REPORT
Council Meeting Date: December 12. 2001
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
December 12, 2001
Authorization to join amicus brief in support of the City of Sacramento
in the case of Kay Barnes v. Jeffrey Gorman
The City of Sacramento is seeking the City's support of an amicus brief to be filed in the U.S.
Supreme Court. The 4th and 8th Circuit Courts of Appeal have decided that cities may be liable for
punitive damages in actions under the Americans with Disabilities Act. The 3rd and 6th Circuits
have held otherwise. The u.S. Supreme Court has now agreed to resolve this conflict by reviewing
the 8th Circuit case.
Under most federal laws, public entities are not liable for punitive damages as a matter of
public policy. The decisions by the 4th and 8th Circuits raise the specter of greatly expanding
liability for public entities.
The City Attorney recommends that the City of San Bernardino join in the amicus curie brief.
There is no charge to the City of San Bemardino for joinder in the brief. The brief will be prepared
by the Sacramento City Attorney's office.