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~ \J i Dunne N.N. Pnnq, 8sq. September 17, 1993 Page 3 oould aub~scc the lndivianal deiendane to personal liability for which indemnification is unavailable, conflicts of interact would erica. et 197, S07 1?.2d at 236 (footnote and ritations omitted). Ths vourt in onin on SS2 identified a claim for punitive damages agninet a governmental officer or employee as as example of n situation in which indemnification might be unavailable. The count in 4oinion SS2 gave cup r't to the views of the New Jersey 6upseaa Court's Advisory Co~tee on Profeaeional Ethics, which haA determined ae follows In the event the Section 1983 -actia~ is suoceeaful and involves punitive damagee~-the matter of indemnification for wets and punitive damages la put in issue between the official and the munielpality. Since the municipal attorney moat be free to axerotae hie independent the~in ndemtllfi n ioa claim,dthat mungicipal counsel ctannoe properly repreaont the municipal official against whom the notion .rat brought. In New Jareey, state lax dictates that municlpelities are specifically immune from punitive damages under 61983. The potontiel punitive damages liability of public Ofticiale in 51983 actions prompted the New Jezaey Committee on vrofeaeional 8chies to rule that each official moat De represented Dy independent counsel. The Committee ezpreeeed the view tLet consent of the individual oo- dafeadante would not bs sufflolant to overcome the actual conflict. The court in Qplnion SS2 supported that conclusion. 102 N.J. st f07 A.2d et 23e. Turning to yOnr inquiry, yyoou hove indicated that the police officers, police chief, and tt~i City presently agree that the officers mere acting in their official cnpacltiee at the time o! the inoident. However, you era uncertain whether the Cityy will indemnify ehs officers for say punitive damages awarded 1n the event the pleintiff'e olaiaa are upheld. Mithout a definite anexer as to whether the City will indemnify the individual oo-defendants from all pocentisl monetary damages, ire are unable to find that conllict of interest concerns Den be surmounted. palace the city agrees to indemnify ehs officers, separate couruel Would have to De engaged to represent thee. As indicated in ()ginion 552, where an actual conflict exists in a ;1997 aotlnn, canaent by the pnrcies to the multiple ropre¦entation will Woe satisfy ethical parametora. ~ 1?a1?/BNA T,aavers' llenual on PrQfe~aional Cor,~dyct 511101 (1992)