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Case 1:07-cv-00251-JMS-LEK Document 42 Filed 08/13/2008 Page 2 of 2 <br /> undersigned attorney, moves the court for summary judgment in favor of County <br /> Defendants and against Plaintiff Jack Thomas ("Plaintiff') on the ground that the <br /> County Defendants has no liability under 42 U.S.C. §1983 because the prosecuting <br /> attorney and the deputy prosecuting attorneys have absolute immunity for actions <br /> taken in their role as prosecutor, and since the individual defendants have <br /> immunity, the County Defendants has no liability for any action taken in their <br /> prosecution of Plaintiff in this matter. <br /> This motion is based upon Rules 7, 43(e) and 56, Federal Rules of Civil <br /> Procedure, LR 56.1, the separate concise statement, memorandum of authorities, <br /> Declaration of Michael J. Udovic, the records and files herein and the evidence and <br /> argument to be elicited upon hearing of this motion. <br /> Dated: Hilo, Hawaii, August 13, 2008. <br /> COUNTY OF HAWAII, JAY KIMURA <br /> AND JEFFERSON MALATE, Defendants <br /> By: /s/Michael J. Udovic <br /> MICHAEL J. UDOVIC <br /> Deputy Corporation Counsel <br /> Their Attorney <br /> 2 <br />