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Case 1:07-cv-00251-JMS-LEK Document 42-2 Filed 08/13/2008 Page 8 of 27 <br /> MEMORANDUM OF AUTHORITIES <br /> I. STATEMENT OF THE CASE <br /> Defendants County of Hawaii, Jay Kimura and Jefferson R. Malate <br /> (collectively referred to as "County Defendants"), has no liability under <br /> 42 U.S.C. §1983 on the following grounds: <br /> 1. All of the actions complained of concern the duties of the County <br /> Defendants as public prosecutors and there is no allegation nor any evidence of an <br /> unconstitutional policy statement, ordinance, regulations or decisions formally <br /> adopted and promulgated by the County of Hawaii ("County"). <br /> 2. As public prosecutors, Defendants Jay Kimura ("Kimura") and <br /> Jefferson R. Malate ("Malate") have absolute immunity for actions that amount to <br /> a quasi judicial function. <br /> 3. The County Defendants have no liability absent liability by an <br /> individual defendant. <br /> Hence, the County Defendants seek summary judgment as to the allegations <br /> concerning a violation by it under 42 U.S.C. §1983. <br /> II. DISCUSSION <br /> A. . No County Liability. <br /> A §1983 plaintiff cannot rely on a theory of respondeat superior to <br /> hold a city (county) liable for the individual actions of its police officers. <br />