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RESOLUTION NO
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A RESOLUTION AUTHORIZING THE CITY ATTORNEY'S OFFICE
TO SEEK FURTHER APPEALS IN WILLIAMS V. BUTLER.
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WHEREAS, the United States District Court for the
Eastern District of Arkansas ruled as a matter of law that the
City of Little Rock was responsible to Debbie Williams for
damages caused her by Municipal Judge William Butler in his
official capacity; and
WHEREAS, this liability was found despite the fact that
Judge Butler did not act within City policy, and his actions was
totally contrary to the practice of the City of Little Rock in
ensuring that its employees are guaranteed their right to free
speech; and
WHEREAS, the United States Court of Appeals by an
equally divided panel has allowed this decision to stand, despite
the fact this decision is in direct conflict with other Circuit
Courts of Appeals in the country; and
WHEREAS, the City Attorney believes that this is a case
that is an excellent vehicle for review of the parameters of
municipal liability, and one in which the City may be ultimately
successful before the United States Supreme Court.
NOW, THEREFORE, BE IT RESOLVED:
SECTION 1. That the office of the City Attorney is
authorized to appeal the decision of the United States Court of
Appeals for the Eighth Circuit to the United States Supreme Court
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by a petition for Writ of Certiorari, or any other means they
deem advisable; and
SECTION 2. That the office of the City Attorney is
authorized to seek reimbursement for any extraordinary costs of
this appeal that could not have been foreseen during the 1985
budget preparation process.
SECTION 3. Because the City of Little Rock faces at
present a judgment between $65,000.00 and $75,000.00 that it
believes to be illegal, and because an appeal to the United
States Supreme Court is the only way to now effectively challenge
whether that judgment has to be paid, and because action has to
be taken within the next fifteen (15) days of this Board hearing
to stay the payment of that judgment, and to begin the appellate
process, and because the expenditure of this $75,000.00 would be
against the health, safety, and welfare of the citizens of Little
Rock since it would cause a payment of funds and potentially the
diversion of funds from other essential City services, an
emergency is therefore declared to exist and this resolution is
declared to take full force and effect upon signing.
ADOPTED: May 21, 1985
ATTEST:
CITY MERK JANE 6UZtUn
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APPROVED:
MAYOR THOMAS A. PRINCE
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