COM 0637.002 1996-1998 - Laserfiche WebLink

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yuane H.H. Pang, Er September 17, 1991 Page ~ One of the Dalendants previously filed a wbrkess• compeneetion claim with the City ea a result of the incident !n estion. On the advice of sn ettorney in your Dopartment, the claim was denied by the City. The Defendant (through an attorney) hae requoeted independent counsel for trial in the civil rights action, which it presently set !or September 2e, 1993. Your Departmont does noL wlah to present the oase o! any ono Defendant in a mnnnor which will be detrimental to tho intereete o! any other Defendant. II. INODIRi• You ask whethezr (1)•.Detertdante are entitled to independent counsel eolely due to t s fact that n claim Lor punitive damages has been made against thom~ and (2) a coniliot o! interest exists as to ono of tho Defendant/0ificors because an attorney in your Department denied the workora• Compere ation Claim of that Defendant/0!licer and will defend the City against thnt claim. III. ~SC0882021. A. Punit_ iVe De~aoee Claim. Tho majority o! oourts which have conalde7ced a governmental law oliice•s Concurrent representation of the government and of public eaaployees, and whether any conllicte of interest may arioe therefrom, have rejeoted a ~ i! disqueliiication rule in favgs OL cnae-by-cnao roviav. 6~ p~.xi~i0~,sor Aeview ems, ion SS2, 102 N.J. i s, S07 A.2d Z]3 (:1986)f ,h9 Qiiod_v. eorzv, 89 f.Suppp. eJ3 (N.D.I11. 198{)1 pegth r:`Salom, 111 JF.D.2d 770, 490 N.Y:8.4d 326 (1965). - In 4oinion 553, ~,uora, the court exas?ined "whether a municipal ettorney may represoat both the munioipality and individual officials or employees of that municipality when all have been sued ea oo-delandnnts Ln a civil rights aotioa under LI.S.C. 61983.• 102 li.J. at 195, 507 1?.2d at 13~. The court concluded that 3oine representation would be pereiisaibla i! the delense¦ to ba raised by the government and its employees are consistent ~ i! there are no divergent claisu for tompensator~r relief against each ales o! detondants. j~,, at 507 ]?.4d at 239. ' The court Ln Aoinien SS2 made clear that whore a civil complaint could be construed as alleging personal liability on the part of a poverruaent employee, a conflict o! i.ntersst would not nriee if, !or exempla, only injunctive relief, injunctive relief coupled with compensatory damages, or compensatory damages alone wore sought ~ responsibility for providing that relief rested with the governmentn body. However, 'whenever the claims neserted 1