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Cites

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1		-=Structural Violence 1AC=
2		-
3		-
4		-====I value morality as per the word ought in the resolution denoting moral obligation. ====
5		-
6		-
7		-====First, to evaluate ethical judgments we must first untangle our ontological commitments about who is and isn't included in the "us" and the "them." This requires inclusion of the subject at hand, and means oppression is morally reprehensible.====
8		-Butler 09. Judith Butler, Maxine Elliot Professor of Comparative Literature at UC Berkeley, "Frames of War: When is Life Grievable?" Jan 1st 2009, Pg.138, http://books.google.com/books/about/Frames_of_War.html?id=ga7hAAAAMAAJ
9		-We ask such normative questions as if we know what we mean by the subjects
10		-AND
11		-those subjects who will be eligible for recognition and those who will not.
12		-
13		-
14		-====Second, morality mandates expression of all voices, which necessarily prohibits structural oppression. ====
15		-Young 74. Iris Marion Young, Professor in Political Science at the University of Chicago since 2000, masters and doctorate in philosophy in 1974 from Pennsylvania State University. ~~"Justice and the Politics of Difference". Princeton University Press, 1990, Digital Copy.~~
16		-Group representation, third, encourages the expression of individual and group needs and
17		-AND
18		-to the voice of those my privilege otherwise tends to silence~~s~~.
19		-
20		-
21		-====Thus, the standard is minimizing oppression.====
22		-
23		-
24		-====The role of the ballot is to endorse the best liberation strategy for the oppressed. That mandates engagement with the real, material world – that's the best form of education- abstract ethics don't do anything====
25		-Matsuda 89. Mari Matsuda, Associate Professor of Law, University of Hawaii, "When the First Quail Calls: Multiple Consciousness as Jurisprudential Method", 11 Women's Rts. L. Rep. 1989
26		-Abstraction and detachment are ways out of the discomfort of direct confrontation with the ugliness
27		-AND
28		-for these writers as they enter into mainstream debates about law and theory.
29		-
30		-
31		-===Inherency===
32		-
33		-
34		-====Current orientations to the prison industrial complex are insufficient - small scale reform is needed.====
35		-Mann 16: Brian Mann, NPR staff writer, 10-20-2016, "Reports Of Prison Guard Brutality In New York Draw A Harsh Spotlight," NPR.org, http://www.npr.org/2016/10/20/498688702/reports-of-prison-guard-brutality-in-new-york-draw-a-harsh-spotlight.
36		-The scene: A half-dozen white corrections officers at Clinton Correctional Facility in
37		-AND
38		-oversight agency to review cases where inmates are injured or killed by officers.
39		-
40		-
41		-===Contention 1 is Sexual Abuse ===
42		-
43		-
44		-====The right from sexual abuse isn't 'clearly established' which causes it to perpetuate in prisons. The plan solves. ====
45		-Buchanan 07 Buchanan, Kim Shayo. Visting Professor of Law, UConn Law, Associate Professor of Law and Gender Studies, University of Southern California, J.D Columbia Law School, "Impunity: Sexual Abuse in Women's Prisons." Harvard University. 2007. https://www.prearesourcecenter.org/sites/default/files/library/108-impunity-sexualabuseinwomensprisons2007.pdf
46		-Prison guards and institutions also enjoy qualified immunity for conduct that is not clearly unlawful
47		-AND
48		-no optimal level of custodial sex which the threat of liability might overdeter.
49		-
50		-
51		-====The impact of sexual assault cannot be isolated by singular causal claims, they transcend throughout ontology.====
52		-STARS no date Sexual Assault and Assault Response Services (STARS) of El Paso. "Effects of Sexual Assault." No Date http://www.stars-elpaso.org/get/effects-of-sexual-assault
53		-Sexual assault is a personal and destructive crime. Its effects on you and your
54		-AND
55		-trigger any other emotions that were felt at the time of the trauma.
56		-
57		-
58		-===Contention 2 is LGBT+ Persons===
59		-
60		-
61		-====Current Qualified immunity doctrine prevents protection and rights from being extended to LGBT+ persons====
62		-Wagner 14 Robin B. Wagner, ( J.D. Candidate 2014 , DePaul University 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/law-review/vol63/iss3/7 VM
63		-Government officials who are sued under 42 U.S.C. § 1983
64		-AND
65		-interpreting those rights in light of society's evolved appreciation for human dignity.18
66		-
67		-
68		-====Especially true in prisons- LGBT+ persons face violence, assault, and police brutality====
69		-Gattuso 15 Gattuso, Reina. Reina Gattuso writes about gender, sexuality, and social justice with equal parts rhapsody and snark. She is a regular contributor at Feministing. Reina will spend 2015 through 2016 on a Fulbright Research Fellowship in Delhi, India. "New Report: Being Gay or Trans in Prison Is a Horror Show." ATTN:. ATTN:, Inc., 25 June 2015. Web. 01 Nov. 2016. http://www.attn.com/stories/2111/lgbt—in-prison-mass-incarceration VM
70		-For the millions of LGBT people incarcerated each year, the sentence is only the
71		-AND
72		-of incarcerated transgender men have been physically assaulted by other prisoners and staff.
73		-
74		-
75		-====Furthermore, judges stretch current qualified immunity doctrine to deny access to court for LGBT+ persons- this prevents getting legal redress for discrimination or rights violations====
76		-Wagner 14 Robin B. Wagner, ( J.D. Candidate 2014 , DePaul University 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/law-review/vol63/iss3/7 VM
77		-Therefore, when three cases on facts that easily sufficed for allegations of equal protection
78		-AND
79		-provide both parties with the predictability they need and deserve from the law.
80		-
81		-
82		-====Rights related to sexual orientation provide a key lens to show how current qualified immunity doctrine inherently limits rights and LGBT+ oppression to continue====
83		-Wagner 14 Robin B. Wagner, ( J.D. Candidate 2014 , DePaul University 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/law-review/vol63/iss3/7 VM
84		-Rights related to sexual orientation provide a useful context for evaluating the doctrine of qualified
85		-AND
86		-, even when it should be by virtue of clear Supreme Court precedent.
87		-
88		-
89		-===Contention 3 is Plan and solvency===
90		-
91		-
92		-====Plan Text: The Supreme Court of the United States of America ought to limit qualified immunity for police officers in prisons by reversing the Carrigan ruling.====
93		-
94		-
95		-====Carrigan ruling limits prisoners from contesting inhumane conditions in prisons- plan resolves this====
96		-Bell et al. 99 (Cheryl Bell, Martha Coven, John P. Cronan, Christian A. Garza, Janet Guggemos, and Laura Storto. All of them are associated with the Harvard Law School. "Rape and Sexual Misconduct in the Prison System: Analyzing America 's Most 'Open' Secret." 1999. Yale Law and Policy Review. http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1385andcontext=ylpr)
97		-Another seemingly impervious barrier that inmates face when bringing claims of cruel and unusual punishment
98		-AND
99		-thus bringing individual inmates' rights back in balance with those of government officials.
100		-
101		-
102		-====The plan prevents lower court confusion which helps with rights claims on a larger basis. ====
103		-De Stefan 16: 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 article claims it's from 2017 but let's just go 2016 to be safe. Seton Hall University. http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1861andcontext=student_scholarship
104		-Altering the qualified immunity doctrine is an excellent way to begin the path to restoring
105		-AND
106		-the most immediate way to rebuild trust and begin healing the citizenpolice relationship.
107		-
108		-
109		-====Limiting solves- allows rights violations and discrimination to be found unconstitutional====
110		-Wagner 14 Robin B. Wagner, (J.D. Candidate 2014 , DePaul University 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/law-review/vol63/iss3/7 VM
111		-The key to avoiding such negative outcomes for plaintiffs is for courts to employ the
112		-AND
113		-because the Court has required that there be something more than moralistic grounds.
114		-
115		-
116		-====Specifically, it allows officials to be held accountable and it allows more engagement with the law by lower courts- this is key to creating consensus that the Supreme Court will then accept====
117		-Wagner 14 Robin B. Wagner, (J.D. Candidate 2014 , DePaul University 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/law-review/vol63/iss3/7 VM
118		-Another value of the prong-one analysis is demonstrated by the Lathrop court,
119		-AND
120		-holding officials accountable when they have indeed violated an individual's clearly established right.
121		-
122		-
123		-====Limiting qualified immunity won't bring a flood of new litigation- even if it did it would catalyze reform to mitigate the impact====
124		-Buchanan 07 Buchanan, Kim Shayo. Visting Professor of Law, UConn Law, Associate Professor of Law and Gender Studies, University of Southern California, J.D Columbia Law School, "Impunity: Sexual Abuse in Women's Prisons." Harvard University. 2007. https://www.prearesourcecenter.org/sites/default/files/library/108-impunity-sexualabuseinwomensprisons2007.pdf
125		-A second, related rationale for qualified immunity is that governmental institutions must be spared
126		-AND
127		-seem that the flood of litigation is urgently needed to bring about reform.

EntryDate

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1		-2016-12-05 04:01:30.0

Judge

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1		-Maya Sachdeva

Opponent

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1		-Colleyville CW

ParentRound

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1		-3

Round

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1		-2

Team

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1		-Garland PHAM Aff

Title

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1		-Nov-Dec Structural Violence Aff

Tournament

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1		-Creekview