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168	168	AND
169	169	granted, discovery stops, and there is no trial on the merits.
170	170
	171	+= Part 2 are the Harms =
	172	+
	173	+
	174	+==== Structural violence is legally justified–police routinely violate the Fourth Amendment to use excessive force against black bodies ====
	175	+
	176	+Drew Carbado 16, ~~[Honorable Harry Pregerson Professor of Law, UCLA~~], "Blue-on-Black Violence: A Provisional Model of Some of the Causes," Georgetown Law Journal Vo. 104, 2016. RFK
	177	+No single model can fully explain African-American vulnerability to police violence. At
	178	+AND
	179	+"a pattern of excessive force in violation of the Fourth Amendment. 2
	180	+
	181	+
	182	+==== The "clearly established" standard as presently interpreted virtually guarantees qualified immunity so officers are almost never indicted ====
	183	+
	184	+Drew Carbado 16, ~~[Honorable Harry Pregerson Professor of Law, UCLA~~], "Blue-on-Black Violence: A Provisional Model of Some of the Causes," Georgetown Law Journal Vo. 104, 2016. RFK
	185	+4 A second problem with the "clearly established" doctrine pertains to how courts
	186	+AND
	187	+a significant doctrinal hurdle to holding police officers accountable for acts of violence.
	188	+
	189	+
	190	+==== Not only do victims go without compensation, the "clearly established" right clause means courts can continue to avoid clarifying the scope of the law which prevents the law from ever becoming clearly established ====
	191	+
	192	+Alan K. Chen 15, ~~[professor of law at the University of Denver Sturm College of Law~~], "Qualified Immunity Limiting Access to Justice and Impeding Development of the Law," Human Rights Magazine Vol. 41, 2015.
	193	+Critics of qualified immunity point out that the breadth of the doctrine's protection means that
	194	+AND
	195	+F. App'x 852, 852–53 (4th Cir. 2009).
	196	+
	197	+
	198	+= Part 3 is the Plan =
	199	+
	200	+
	201	+==== Plan: The United States government ought to limit qualified immunity for police officers by changing the "clearly established right" clause to "clearly unconstitutional." ====
	202	+
	203	+Michael S. Catlett 05, ~~[JD, University of Arizona College of Law~~], "Clearly Not Established: Decisional Law and the Qualified Immunity Doctrine," Arizona Law Review Vol. 47, 2005. RFK
	204	+In trying to decide whether a constitutional right is "clearly established," courts should
	205	+AND
	206	+case?; 197 (4) How recently was the constitutional right pronounced?
	207	+
	208	+
	209	+==== Asking whether the defendant's actions were "clearly unconstitutional" as opposed to violating "clearly established rights" avoids legal technicalities that excuse egregious behavior ====
	210	+
	211	+John C. Jeffries 10, ~~[Professor, University of Virginia School of Law~~], Jr. "What's Wrong with Qualified Immunity," Florida Law Review, Vol. 62, September 2010. RFK
	212	+A second suggestion would be to change the doctrinal formula for qualified immunity. Rather
	213	+AND
	214	+would not be irrelevant in determining whether conduct is "clearly unconstitutional." 84
	215	+
	216	+
	217	+==== The plan changes culture – it is a form of social condemnation that validates the claims of the survivor. **Armacost 98** ====
	218	+
	219	+**
	220	+**Armacost 98 Barbara Armacost, Vanderbilt Law Review, April, 1998, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=90852, "Qualified Immunity: Ignorance Excused," WP**
	221	+If constitutional rights are especially valued in comparison with other kinds of rights, it
	222	+AND
	223	+in courts but through public reaction to reported allegations of clear constitutional impropriety.**
	224	+
	225	+
	226	+==== The plan fosters cooperation, which operates as a key check against police departments. De Stefan '16 ====
	227	+
	228	+Lindsey de Stefan - J.D. Candidate, 2017, Seton Hall University School of Law; B.A., Ramapo College of New Jersey. ""No Man Is Above the Law and No Man Is Below It:" How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct." The date is claimed to be 2017… but that's impossible. So it says it has had 360 downloads since July 26, 2016 which is when the article is most likely to have been assumed to be released on the website. Stetan Hall Law. http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1861&context=student_scholarship JJN
	229	+VI. Amending Qualified Immunity Doctrine as a Catalyst for Curbing Police Violence Altering the
	230	+AND
	231	+the most immediate way to rebuild trust and begin healing the citizenpolice relationship.
	232	+
	233	+
	234	+==== Limiting qualified immunity is essential to ensuring justice for police wrongdoing and having adequate judicial scrutiny. Bernick '15: ====
	235	+
	236	+Evan Bernick, "To Hold Police Accountable, Don't Give Them Immunity", Foundation for Economic Education, 05/06/2015, https://fee.org/articles/to-hold-police-accountable-dont-give-them-immunity/
	237	+The sad fact is that is often effectively impossible to hold police officers accountable for
	238	+AND
	239	+granted, discovery stops, and there is no trial on the merits.
	240	+
171	171	= Part Two is the Plan =
172	172
173	173