MANAGING WITHOUT IMMUNITY: THE CHALLENGE FOR STATE AND LOCAL GOVERNMENT OFFICIALS IN THE 1980s.

This article discusses several aspects of the state of governmental immunity in the U.S. The introduction of reasonable measures to accommodate these rights will minimize litigation and secure some measure of immunity as a result of good faith action. Eric Schnapper, an attorney for the parties bringing the Monell case, argues that properly structured delegations of authority may be a means of decreasing liability. Their are eligibilities that do not presently exist as a matter of course, and for state and local governments to bear the cost of defense litigation and plaintiff attorney fees is a troublesome burden. A more radical approach would be to introduce a strategy of federal indemnification, similar to what exists for nuclear power facilities under the Price-Anderson Act. All liability above the maximum is borne by the federal government under an indemnification scheme. An indemnification scheme covering Section 1983 judgments could cap the maximum liability for individual programs or governments, and could assign priorities among the various classes of damages so that those which are the most severe and readily computable would receive first consideration.