the abrogation¶ of qualified did not proscribe the voluntary assumption¶ of such liability.' 87 By announcing prospective immunity, would be removing an illconceived¶ cushion that enabled entities the Court simply governmental to avoid paying¶ costs imposed by violations committed by the both section 1983 and Bivens for constitutional¶ their officials.' In the absence society will pay these costs, either by 88 of¶ qualified immunity, increasing¶ the providing insurance or indemnification. salaries of lower-level officials to compensate them for the risk¶ of liability, or by Insurance¶ and indemnification programs are the most attractive alternative, as they would be less costly to implement.
did not proscribe the voluntary assumption¶ of such liability.' 87 By announcing the prospective abrogation¶ of qualified immunity, the Court would simply be removing an illconceived¶ cushion that enabled governmental entities to avoid paying¶ the costs imposed by both section 1983 and Bivens for constitutional¶ violations committed by their officials.' 88 In the absence of¶ qualified immunity, society will pay these costs, either by increasing¶ the salaries of lower-level officials to compensate them for the risk¶ of liability, or by providing insurance or indemnification. Insurance¶ and indemnification programs are the most attractive alternative, as they would be less costly to implement.