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a . pane K.H. Penq, Enq. gaytamber 17, 1993 page 2 One of the Dslandants previously filed a xbrkers' compensation c1elA with the City ea a result of the incidsat in Question. On the advice of en attorney in youz Department, the claim was denied by the City. The Defsndant (thsvugh an attorney) has requested independent counsel for trial in the civil rights action, which is presently srt !or eeptesober 28, 1993. Your Department down not wish to present the oeae o! any ono Deiendent in a manner which will be detrimental to the interests of any other Defendant. I1. I NOQ.lA! You ask whether (1)~.Detendente are entieled to independent counsel solely due to thha fact that a claim for punitive damages has bean made agsinnt theme and (2) n conflict of interest exirts as to one of the Defendant/Officern because an attorney in your Department denied the workers' compensation claim of that Defendant/Officer and will defend the City agsinet that claim. III. QISCUBSIOM. p iti{~, ve Dnm~9ce Clsim. The majority of oourte which have considered a governmental lax office's Concurrent representntioA of the government end of publio employees, and whether any contlicte o1 interest may arise therefrom, have ra~eoted s ~ !A disquelifieetion rule in favor of cane-by-case raviax, ~4.! pglitign for Aaviex o~lon SS2, 102 N.J. 19s, S07 A.2d 233 (1986) $2?yiZ d v. 9orrr, 89 l.Supp. X33 (N.D.I11. 198~)~ Qenth v. 8a em, 111 A.0.2Q°778, X90 N.Y.S.2d S26 (1985). , In 4~inion SS2, 8yore, the oourt examined "whether a municipal attorney may repronont both the munioipality and individusl officials or smployaes of that municipality when all have been sued ae oo-detandenes in a civil rights eotion under II.S.C. f198~.• 102 N.J. nt 195, S07 A.2d at 231. Tbo court concluded that point representation would be permissible it the defenses to De raised by the government sad its employeen ere consistent p~ ii there aso no divergent claiau for eompeneator~ relief against each close o! detondants. I~ at S09 x.2d at 239. Tho court in (fin on SS2 made clear that whore a civil complaint could be constxved as alleging personal liability on the part of a gpovernment emplolroo, a conflict o! interest would not erieo if, for exemplo, oniy injunctive relief, injunctive relief coupled with compensatory de,mages, or compensatory damages alone were sought ,;pQ responsibility for providing that relief rested with the governmental body. Kowavar, "whenever the claims nesertsd i