[Congressional Record Volume 152, Number 27 (Monday, March 6, 2006)]
[Senate]
[Page S1805]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


           AUTHORIZING REPRESENTATION BY SENATE LEGAL COUNSEL

  Mr. FRIST. I ask unanimous consent the Senate now proceed to 
consideration of S. Res. 391, which was submitted earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 391) to authorize representation by 
     the Senate legal counsel in the case of Timothy P. Toms v. 
     Alan Hantman, et al.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. FRIST. Mr. President, this resolution concerns a civil action 
filed by a former employee of the Architect of the Capitol against an 
employee of the Senate along with various employees of the Architect of 
the Capitol and a Capitol Police Officer. The plaintiff in the case 
claims that the defendants conspired to retaliate against him in his 
employment because he had tried to report misconduct in the operations 
of the Architect of the Capitol. The plaintiff seeks damages from the 
defendants in this case for allegedly violating his constitutional 
rights.
  The claims against the Senate employee, whose involvement in this 
suit arises solely out of her oversight role as a staff member on the 
Appropriations Committee, are subject to dismissal on numerous legal 
grounds, including failure to state a claim upon which relief can be 
granted, and legislative and qualified immunity from suit. This 
resolution authorizes the Senate Legal Counsel to represent the Senate 
employee in this case and to move to dismiss the claims against her.
  Mr. FRIST. I ask unanimous consent the resolution be agreed to, the 
preamble be agreed to, and the motion to reconsider be laid upon the 
table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 391) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 391

       Whereas, in the case of Timothy P. Toms v. Alan Hantman, et 
     al., No. 1:05-CV-01981, pending in the United States District 
     Court for the District of Columbia, the plaintiff has named 
     as a defendant Carolyn E. Apostolou, Clerk of the 
     Subcommittee on the Legislative Branch of the Senate 
     Committee on Appropriations;
       Whereas, pursuant to sections 703(a) and 704(a)(1) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(1), the Senate may direct its counsel to defend 
     Members, officers, and employees of the Senate in civil 
     actions relating to their official responsibilities: Now 
     therefore, be it
       Resolved, That the Senate Legal Counsel is authorized to 
     represent Carolyn E. Apostolou in the case of Timothy P. Toms 
     v. Alan Hantman, et al.

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