Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[5]
  • Caselist.CitesClass[5]

Details

Caselist.RoundClass[5]

EntryDate

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1		-2016-12-05 07:48:38.806
	1	+2016-12-05 07:48:38.0

Caselist.CitesClass[5]

Cites

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	1	+FW
	2	+
	3	+I affirm. I value morality as per the word ought in the resolution denoting moral obligation.
	4	+
	5	+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.
	6	+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
	7	+We ask such normative questions as if we know what we mean by the subjects
	8	+AND
	9	+those subjects who will be eligible for recognition and those who will not.
	10	+
	11	+Second, morality mandates expression of all voices, which necessarily prohibits structural oppression.
	12	+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.
	13	+Group representation, third, encourages the expression of individual ¶ and group needs and
	14	+AND
	15	+to the voice of those my privilege otherwise tends to silences.
	16	+
	17	+Thus, the standard is minimizing oppression.
	18	+
	19	+Contention 1 is Sex Abuse
	20	+
	21	+The right from sexual abuse isn’t ‘clearly established’ which causes it to perpetuate in prisons.
	22	+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
	23	+Prison guards and institutions also enjoy qualified immunity for conduct that is not clearly unlawful
	24	+AND
	25	+no optimal level of custodial sex which the threat of liability might overdeter.
	26	+
	27	+The impact of sexual assault cannot be isolated by singular causal claims, they transcend throughout ontology.
	28	+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
	29	+Sexual assault is a personal and destructive crime. Its effects on you and your
	30	+AND
	31	+trigger any other emotions that were felt at the time of the trauma.
	32	+
	33	+Contention 2 is LGBT+ Persons
	34	+
	35	+Current Qualified immunity doctrine prevents protection and rights from being extended to LGBT+ persons
	36	+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
	37	+Government officials who are sued under 42 U.S.C. § 1983
	38	+AND
	39	+interpreting those rights in light of society’s evolved appreciation for human dignity.18
	40	+
	41	+Especially true in prisons- LGBT+ persons face violence, assault, and police brutality
	42	+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
	43	+For the millions of LGBT people incarcerated each year, the sentence is only the
	44	+AND
	45	+of incarcerated transgender men have been physically assaulted by other prisoners and staff.
	46	+
	47	+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
	48	+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
	49	+Therefore, when three cases on facts that easily sufficed for allegations of equal protection
	50	+AND
	51	+provide both parties with the predictability they need and deserve from the law.
	52	+
	53	+Contention 3 is Solving the Problem
	54	+
	55	+I advocate that the Supreme Court of the United States of America ought to limit qualified immunity for police officers in prisons by reversing the Carrigan ruling.
	56	+
	57	+Carrigan ruling limits prisoners from contesting inhumane conditions in prisons- plan resolves this
	58	+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)
	59	+Another seemingly impervious barrier that inmates face when bringing claims of cruel and unusual punishment
	60	+AND
	61	+thus bringing individual inmates' rights back in balance with those of government officials.
	62	+
	63	+This solves the problem- it prevents lower court confusion which helps with rights claims on a larger basis.
	64	+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
	65	+Altering the qualified immunity doctrine is an excellent way to begin the path to restoring
	66	+AND
	67	+the most immediate way to rebuild trust and begin healing the citizenpolice relationship.
	68	+
	69	+ALSO- limiting qualified immunity won’t bring a flood of new litigation- even if it did it would catalyze reform to mitigate the impact
	70	+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
	71	+A second, related rationale for qualified immunity is that governmental institutions must be spared
	72	+AND
	73	+seem that the flood of litigation is urgently needed to bring about reform.
	74	+
	75	+Finally, Rights related to sexual orientation provide a key lens to show how current qualified immunity doctrine inherently limits rights and LGBT+ oppression to continue
	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	+Rights related to sexual orientation provide a useful context for evaluating the doctrine of qualified
	78	+AND
	79	+, even when it should be by virtue of clear Supreme Court precedent.

EntryDate

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	1	+2016-12-05 07:48:41.349

Judge

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	1	+dont remember

Opponent

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	1	+dont remember

ParentRound

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	1	+5

Round

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	1	+1

Team

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	1	+Garland PHAM Aff

Title

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	1	+Nov-Dec Lay Aff

Tournament

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	1	+Creekview