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-=Court Clog DA= |
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-==UQ== |
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-====Qualified Immunity protects Police Officers from unjust persecution. Schwartz 13 ==== |
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-(Supreme Court Fortifies Qualified Immunity for Law Enforcement in Warrant Cases) |
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-http://digitalcommons.tourolaw.edu/cgi/viewcontent.cgi?article=1659andcontext=scholarlyworks |
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-Qualified immunity shields state and local law enforcement officers from personal monetary liability under § |
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-but the plainly incompetent or those who knowingly violate the law.'" |
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-====Qualified Immunity plays a pivotal role in crime deterrence and cost efficiency Rosen 05 ==== |
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-(A Qualified Defense: In Support of the Doctrine of Qualified Immunity in Excessive Force Cases, With Some Suggestions for its Improvement.Golden Gate University Law Review) |
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-http://digitalcommons.law.ggu.edu/cgi/viewcontent.cgi?article=1899andcontext=ggulrev |
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-It is hard to deny that the more time police officers spend at trial defending |
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-qualified immunity can play in reducing unnecessary costs and in improving deterrence of crime |
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-==LINKS== |
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-**====Qualified Immunity limits frivolous lawsuits against the police, any limiting opens the flood gates for biblical levels of litigation Rosen |
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-Michael M. Rosen, "A Qualified Defense: In Support of the Doctrine of Qualified Immunity in Excessive Force Cases, With Some Suggestions for its Improvement", Golden Gate University Law Review, Volume 35, issue 2, Article 2, p. 145-146 |
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-In its amicus brief in support of the Saucier petitioner, NAPO addressed several concerns related to costs and deterrence.47 It began by asserting that officers currently face too many lawsuits related to their conduct, litigation that generally is resolved in their favor and therefore wastes taxpayer time and money! It pointed to an "ever increasing number of lawsuits against law enforcement officers" and the threat that increase poses to the general public interest.49 The increased threat of lawsuits, according to this argument, deters effective police performance, thereby diminishing public safety:o NAPO referred to Justice Scalia's assertion in Anderson v. Creighton5l that permitting frivolous lawsuits against law enforcement to go to trial "entails substantial social costs, including the risk that fear of personal monetary liability and harassing litigation will unduly inhibit officials in the discharge of their duties."·2 Several scholars echo NAPO's concerns. Richard Fallon and Daniel Meltzer describe the fears of the Supreme Court in Harlow v. Fitzgerald,53 explaining that such litigation works its evils by deterring officers through the threat of personal liability. Barbara Armacost notes that such liability begets poor law enforcement, which in turn harms the very people the officers are sworn to protect. 54 The chief of the Federal Bureau of Investigation Academy's Legal Instruction Unit echoes these sentiments. 55 Thus, at least in theory, the proliferation of lawsuits appears to involve serious risks to agents as well as the public.==== |
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-====In the Status Quo, the Supreme Court has already established precedent for Qualified Immunity, any more cases detracts from Juduicial power and increases court cases Callahan '16==== |
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-Mike Callahan, "Protecting cops from frivolous lawsuits: Qualified immunity, explained", Policeone.com, 04/29/2016 |
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-The Supreme Court's decisions in Brosseau and Mullenix are significant for several reasons. First |
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-qualified immunity defense and use it to successfully defend their police officer clients. |
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-==Impact== |
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-====Increased court clog collapses the Federal Judiciary. Oakley '96:==== |
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-**The Myth of Cost-Free Jurisdictional Reallocation John B. Oakley Annals of the American Academy of Political and Social Science, Vol. 543, The Federal Role in Criminal Law (Jan., 1996), pp. 52-63 Published by: Sage Publications, Inc. in association with the American Academy of Political and Social Science Article Stable URL: http://www.jstor.org/stable/1048447** |
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-Personal effects: The hidden costs of greater workloads. The hallmark of federal justice |
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-would raise the most serious questions of the future course of the nation. |
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-====Global rule of law consensus solves extinction – collapse turns the case and magnifies structural human rights abuses==== |
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-**Nagan 1** (RESEARCH SCHOLAR PROF U FLORIDA, LAWYER ROLES, IDENTITY, AND PROFESSIONAL RESPONSIBILITY, 13 FLA. J. INT'L L. 131) |
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-Lawyers may be critical "engineers" in the restructuring of command, corrupt and |
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-states, terrorists states, garrison states, authoritarian states, totalitarian states). |