| ... |
... |
@@ -1,0
+1,21 @@ |
|
1 |
+Text: The United States courts or insert aff actor here should maintain qualified immunity |
|
2 |
+- Be more conscientious about evaluating issues against the relevant precedent in a way that embraces the methodology and true holding of that precedent |
|
3 |
+- More often conduct a prong-one analysis to define the right implicated in the issues of a given case |
|
4 |
+Robin B. Wagner 14, JD candidate at DePaul College of Law, “Are Gay Rights Clearly Established?: The Problems with the Qualified Immunity Doctrine”, 63 DePaul L. Rev. 869 (2014) Available at: http://via.library.depaul.edu/cgi/viewcontent.cgi?article=1029andcontext=law-review |
|
5 |
+In three cases of government officials denying their homosexual employees their clearly established equal protection |
|
6 |
+AND |
|
7 |
+analysis to define the right implicated in the issues of a given case. |
|
8 |
+ |
|
9 |
+It competes – the counterplan doesn’t limit QI but modifies current QI procedure which is conceptually distinct – the gutcheck is if someone read this as an aff, it would lose to T-Limit |
|
10 |
+ |
|
11 |
+First plank prevents abuse of precedent and ensures accurate holding to prior precedent – status quo QI procedures are plagued with Courts unwilling to engage with the hard task of evaluating precedent – CP solves that |
|
12 |
+Robin B. Wagner 14, JD candidate at DePaul College of Law, “Are Gay Rights Clearly Established?: The Problems with the Qualified Immunity Doctrine”, 63 DePaul L. Rev. 869 (2014) Available at: http://via.library.depaul.edu/cgi/viewcontent.cgi?article=1029andcontext=law-review |
|
13 |
+Conscientious evaluation of presented issues against existing precedent is not inherently objective, nor should |
|
14 |
+AND |
|
15 |
+assured: there would no longer be a clearly established right in play. |
|
16 |
+ |
|
17 |
+Second plank requires courts to more thoroughly examine allegations of constitutional rights – that ensures more cases remain active, encourages settlements, prevents undermining previous precedent, and sets a model for future decisions that more clearly establishes future rights |
|
18 |
+Robin B. Wagner 14, JD candidate at DePaul College of Law, “Are Gay Rights Clearly Established?: The Problems with the Qualified Immunity Doctrine”, 63 DePaul L. Rev. 869 (2014) Available at: http://via.library.depaul.edu/cgi/viewcontent.cgi?article=1029andcontext=law-review |
|
19 |
+The key to avoiding such negative outcomes for plaintiffs is for courts to employ the |
|
20 |
+AND |
|
21 |
+holding officials accountable when they have indeed violated an individual’s clearly established right. |