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HomeMy WebLinkAbout32-City Attorney 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.