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Jay Kimura, Esq. <br /> Page 2 <br /> In addition, the County has liabilities and immunities which differ from yours. In the <br /> context of the federal civil rights claim, there is no County liability in the absence of a County <br /> "custom" or "policy" which underlies the alleged violation of plaintiff's constitutional rights. As <br /> to you personally, there is no such doctrinal immunity. <br /> Conversely, you enjoy, as prosecuting attorney, absolute immunity from liability in the <br /> federal civil rights context, provided your conduct arises from your court activities and events <br /> incident thereto. Alternatively, "qualified immunity" is routinely granted individuals employed <br /> by governmental entities regardless of their governmental role. The County has neither absolute <br /> nor qualified immunity. <br /> To avoid these conflicts of interests, the County Council agreed to indemnify you Cor all <br /> damages, including punitive damages, and to have our office represent you. <br /> We find the probability ofpunitive damages to be remote. We believe that you acted in <br /> good faith and in the performance of your duty. <br /> You have, however, every right to be represented by counsel of your own choosing and at <br /> your own expense. If you choose your own separate counsel, the County will not appropriate <br /> funds for separate counsel, since the County Council agreed to indemnify you for all damages, <br /> including punitive damages. <br /> B. Unitary Rgpresentation Necessary. <br /> The advantages in unitary representation outweigh the speculative conflicts of <br /> interests. <br /> In our review of all pertinent reports and discussions with witnesses to date, we have yet <br /> to discern any material differences between you and the County. <br /> The advantages of unitary representation are the ease of communicating among you, us <br /> and other County officials and personnel, a coordinated and coherent defense, savings in time <br /> and expense, and the appearance of solidarity and harmony, all of which can be very important to <br /> a successful defense. <br /> We have already filed an answer to the complaint, and we are prepared to defend you <br /> <br /> with entire loyalty and vigor. <br /> <br />