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+Courts are experiencing a slow down but are still functioning. |
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+Palazzolo 3/15 |
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+Joe Palazzolo, 3/15/16 “In federal courts, fewer lawsuits but a longer wait” The Wall Street Journal - Joe Palazzolo writes about legal affairs from The Wall Street Journal's headquarters in New York. His areas of coverage include the federal judiciary, privacy, gun laws and anticorruption. |
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+ |
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+The judicial backlog has grown about 28 since 2011. The pending cases included |
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+AND |
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+results in the displacement or delay of civil disputes, creating a backlog. |
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+ |
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+Courts are increasingly overstretched but qualified immunity is a key doctrine to keep the workload down—aff clogs the courts. Ferris ‘92 |
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+Putnam and Ferris 92 (Charles Putnam, Senior Assistant Attorney General, Office of the New Hampshire Attorney General, J.D. 1985, University of Connecticut. Charles Ferris, J.D. 1992, Franklin Pierce Law Center, Concord, New Hampshire.)“DEFENDING A MALIGNED DEFENSE: THE POLICY BASES OF THE QUALIFIED IMMUNITY DEFENSE IN ACTIONS UNDER 42 U.S.C. § 1983” BRIDGEPORT LAW REVIEW QUINNIPIAC COLLEGE Volume 12 Number 3 Spring 1992 |
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+A second policy consideration present in section 1983 litigation and furthered by the qualified immunity |
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+AND |
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+the Due Process Clause and is therefore not actionable under section 1983.2 |
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+Turns the aff—clogged courts mean there’s zero avenue for plaintiffs to combat police misconduct—that’s the internal link to solvency in the AFF. |