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+Limiting qualified immunity would hamstring police |
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+Mears 14 |
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+Bill Mears (CNN Supreme Court Producer). “Justices seem to side with police in deadly chase case.” CNN. 4 March 2014. http://www.cnn.com/2014/03/04/us/court-police-chase/ |
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+Under generally applied ... of deadly force. |
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+Studies show officers fear litigation, which creates a chilling effect on enforcement |
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+Hawkins and Montsinger 7 |
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+Homer C. Hawkins (Associate Professor, School of Criminal Justice, Michigan State University) and Catherine Montsinger (Assistant Professor, Criminology, Johnson C. Smith University). “Po- lice and Civil Liability: A Practical Guide to Avoiding Litigation.” Law Enforcement Executive Fo- rum • 2007 • 7(1). https://www.iletsbeiforumjournal.com/images/Issues/FreeIssues/ILEEF202007- 7.1.pdf |
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+Litigaphobia, also referred ... litigation may present. |
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+ |
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+QI deters crime by preventing frivolous litigation from bogging down police and thus endangers the civilians because they cannot be protected. |
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+Rosen 5 |
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+Michael M. Rosen (Attorney in San Diego at Fish and Richardson PC, an intellectual property law rm; JD, Harvard Law). “A Quali ed Defense: In Support of the Doctrine of Quali ed Immunity in Excessive Force Cases, With Some Suggestions for its Improvement.” 35 Golden Gate U. L. Rev. (2005). http://digitalcommons.law.ggu.edu/ggulrev/vol35/iss2/2 |
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+1. Reducing Costs and ... as the public. |
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+Police forces are harmed by frivolous litigation even when they win the case |
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+Boutwell 79 |
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+J. Paul Boutwell (Special Agent, Legal Counsel Division, Federal Bureau of Investigation). “Qual- i ed Immunity of Law Enforcement O ciais.” FBI Law Enforcement Bulletin. January 1979. https://www.ncjrs.gov/pd les1/Digitization/53755NCJRS.pdf “Hundreds of Police Agencies Losing Insuranc13 Coverage,” the Washington Post, October 26, 1976, p. A3. “Many Insurers Leave Field, Citing Surge in Lawsuits,” e Wall Street Journal, November 7,1977, p. 1. “Are O cers Afraid to Act?” e Wall Street Journal, November 7, 1977, p. 1. |
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+Headlines, such as ... this was done in Hill v. Rowland. 2 |