COM 0637.002 1996-1998 - Laserfiche WebLink

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~ lJ i Duane N.H. PaRq, Esq. September 17, 1993 Page 3 oould subject the individual defendant to ppeereonal liability for which indemnification is unavailable, conElicta of interest would erieo. I4~ nt 197, 507 1?.2d at 236 (footnote and citations omitted). The oourt in opinion ss2 identified a alarm for punitive damages agninst a governmental officer or employee as as example of n rituaeioa in which indemnification eight be unavailable. 1'he court in Opinion sS2 gave support to the views of the New Joreey 6uprearo Coust'a Judviaory Committee on Professional Etbics, which had determined ns follows 2n the event the Section 1983•actiun is suaceaeful and involves punltivs dmages•~-tne matter of indemnnification for costs and punitive damages le put in issue between tho official and tba municipality. Since the municipal nttornay moat be tree to exercise hie rodependant judgment in advising and delendlnq the municipality on the lndenasificntioa claim, that municipal eounsol cannot properly represent the municipal official agninrt whom the not on ran brought. Yn New Joreey, mete law dictates that municipalities are specifically immune troy ppunitive damages under 11983. The potontial punitive damages linbility o! public officials in 51983 actions prompead the New Jeraep Committese on Professional Nthics to rule that each official moat be represented by independent counsel. The Committee erpresead the view chat aonaent of th} lndividual oo- defeadanes would not be suffioieat to avsrcomo the ac[ual conflict. The eanre in Qpj prop 3S2 supported that conclusion. -101 N.J.;st {07 1?.2d st 231. - Turninq to your inquiry, you hove lndicntad that the police officers, police chief, and the City presently egr9e that the ofilcazs were acting in their official capacities at the t1A6 of the incident. Howver, you arc uncertain whether the Cityy rill indemnify she officers for any punitive damages awarded Ln the event the plaintiff's claims are upheld. MithouL a definite ansr?sr as to whether the city will indemnify the lndividual oo-defendants from all potential mpnotary damages, re are unable to find that conflict of interest concerns oen ba surmounted. Onleee the city agrees to indemnify ehs officers, separate counsel would have to be engaged to repreaant thta. As indicated Sn ORj.nion 552, where an netual conflict exists to a ;1987 nation, consent by the parties to the multiple ropresantation will not satisfy ethical parametora. ~181?/e?~ Lawvera'_ K nunl on Professional ~,'onduct, 51x101 (1991)