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+Intersectionality aff |
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+V: Protecting the most vulnerable to Police Violcence |
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+Here’s a quote by Nelson Mendela “A Nation should not be judged by how it treats its highest citizens, but it's lowest ones” |
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+C: Intersectionality |
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+The Value in this debate is to resist structural violence against the most vulnerable – this requires intersectionality. You must resist structural violence against the most vulnerable before you can consider any alternative: only this concrete analysis of trans, queer, race, (dis)abilites, and the multitude of the intersections is able to present the impossible demands that will resist assimilation or extermination. |
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+Spade '10 (Dean Spade, "KEYNOTE ADDRESS," 19 Colum. J. Gender and L. 1086, 2010, 1109-1110) |
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+The political and economic conditions we .... that are deeply rooted in and connected to social movements for racial and gender justice, wealth redistribution, and opposition to imperialism. |
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+Advocacy: The Supreme Court of the United States should limit qualified immunity by adopting the Ninth Circuit's decision on Title II of the Americans with Disabilities Act's applicability to arrest situations in Sheehan v. City and County of San Francisco as a legal precedent for all circuits on the next available test case. |
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+Contention 1: Excessive Force |
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+Qualified Immunity erases accountability and hazes the line between excessive and un-excessive force; hence opening up a space for mass police violence, particularly violence inflicted upon PoC, People with (dis)abilites, queer people, trans people, and people within these intersections. |
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+Stefan 2016 { Lindsey De; “’No Man Is Above the Law and No Man Is Below It:’ How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct;” (Apparently 2017 LUL); Seton Hall University, Seton Hall Law, Law School Student Scholarship, Accessed 2016, ,http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1861andcontext=student_scholarship} |
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+Of course, the most outwardly evident ... conduct violated the Fourth Amendment.”113 |
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+Contention 2: An analysis of police violence upon intersectional bodies. |
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+The supreme court ruled in favor of granting the police qualified immunity, who shot Teresa Sheenah, a japanese women with (dis)abilites. The courts left the question whether ADA applied to police arresting people with (dis)abilites and that opens up for mass police brutality upon people with (dis)abilites, espcialley intersectional people with (dis)abilites, and letting them get away with it by simply claiming Qualified Immunity. |
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+Liptak 15 { ,Adam, covers the United States Supreme Court and writes "Sidebar," a column on legal developments. A graduate of Yale Law School, he practiced law "Supreme Court Sides With Police in a Shooting, and Against a State on Taxes," New York Times, http://www.nytimes.com/2015/05/19/us/supreme-courts-rules-on-a-police-shooting-state-taxes-and-prisoners-lawsuits.html?_r=1®ister=facebook } |
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+The court sided with two San Francisco police... to address the question. |
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+Again another case; Lincoln District Courts ruled in favor of the police who used excessive violence against Leroy Duffie, a black man with physical (dis)abilites. It is clear that qualified immunity gives the police the right to inflict gratuitous violence upon intersectional bodies and still get away with it. |
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+Johnson 2016 {Riley Johnson reports on breaking news and public safety issues in Lincoln and southeast Nebraska., http://journalstar.com/news/local/911/appeals-court-lower-court-erred-in-dismissing-lawsuit-brought-by/article_d165d99e-3bd1-5d90-9737-53b72c7c9d9f.html} |
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+He was wrongly mistreated by the police ... to have saved him from,” he said. |
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+Analysis: We couldn’t find any cases of trans poc’s w/ (dis)abilites and that could be due to the fact that trans voices are already so erasured. Our anaylytic is that if a trans person faces a particular kind of oppression and and they are also another intersection of identity then the oppression will be more quanitive, (as opposed to qualfitive). These two examples are indicative of a broader picutre of qualfiied immunity; wherein intersectional bodies are faced with enormous amounts of excessive force and then the police could just claim QI and get away with it. |
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+Contention 3: Reducing Works |
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+Auner 16 ~Thomas J. "For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests." Loyola of Los Angeles Law Review 49.1 (2016): 335. |
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+Excessive force claims... police training and provide uniform federal protections for the mentally ill. |