Judge Edgardo Ramos
Bernstein’s action under 42 USC §1983 alleged false imprisonment, unlawful detention, assault, battery and infliction of emotional distress on minor son A.B. during a 2010 hazing incident when A.B. began service as a volunteer firefighter with defendant village’s fire department. The incident led to charges being filed against individual defendants Bettman, Goswick and Kropp. Each of them sought an order directing the village to defend and indemnify him under Chapter 10 of the Village Code. The court granted the defendants’ defense motions only. Discussing Baker v. Gerould, Dunton v. County of Suffolk, and Fanelli v. Town of Harrison, the court found that the likelihood that the individual defendants would assume adverse positions was sufficiently serious to require separate counsel, rendering joint representation inappropriate. However, the court found the question of indemnification not ripe for review. Additionally, because the village’s insurer is not a party, and because the issue of the insurer’s alleged obligation to cover the individual defendants’ defense costs was distinct from those raised by the defendants’ motions, the court declined to rule on the issue of the insurer’s potential liability.
