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+Hassel 2 |
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+Diana Hassel Winter 1999 Living a Lie: The Cost of Qualified Immunity Missouri Law Review http://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=3402andcontext=mlr (Balancing test is used in cases addressing due process of law) |
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+In some areas |
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+AND |
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+ qualified immunity defense. |
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+====Reasonableness of inquiry questions stem from the clearly established requirement and give leeway to courts in siding with law enforcement. ==== |
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+Hassel 3: |
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+Diana Hassel Winter 1999 Living a Lie: The Cost of Qualified Immunity Missouri Law Review http://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=3402andcontext=mlr |
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+Finally, if the |
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+AND |
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+constitutional violation occurs. |
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+ |
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+====Second, Qualified immunity allows for police officers to escape accountability for use of excessive force. ==== |
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+Sheng writes: (Philip. Professor at BYU. An "Objectively Reasonable" Criticism of the Doctrine of Qualified Immunity in Excessive Force Cases Brought Under 42 U.S.C. ยง 1983, 26 BYU J. Pub. L. 99 Available at: http://digitalcommons.law.byu.edu/jpl/vol26/iss1/5) |
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+In Graham v. Connor |
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+AND |
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+ force cases altogether. |
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+ |
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+====Ambiguous use of the clearly established requirement allows police officers to use excessive force with little deterrence or recourse. Qualified Immunity allows for the justification of violence. Both municipalities and individual police officers are unlikely to be found liable under current law. ==== |
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+Senkel writes: |
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+1999 ( Tara. Attorney in New York. Civilians Often Need Protection From the Police: Let's Handcuff Police Brutality 15 N.Y.L. Sch. J. Hum. Rts. 385 (1998-1999). http://heinonline.org/HOL/Page?public=falseandhandle=hein.journals/nylshr15andpage=385andcollection=journals~~#) |
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+While victims of |
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+AND |
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+are exigent circumstances.237 |
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+ |
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+====Third, The clearly established requirement stands in the way of developing and protecting procedural rights. ==== |
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+Attorneys only take on qualified immunity cases when there is little risk of losing the clearly established standard. Precedent can't evolve in the status quo because of selection bias. |
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+Reinert: |
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+Reinert, Alexander Does Qualified Immunity Matter? University of St. Thomas Law Journal. Volume 8 Spring 2011 (Interviews with 133 attorneys in qualified immunity cases) |
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+Nearly every respondent |
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+AND |
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+ their organization's mission. |
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+ |
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+ |
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+====Thus, procedural protections cannot meaningfully exist in a world where plaintiffs must prove a clearly established violation. Only through removing the requirement can courts develop protections for individuals. Consideration of civil rights stagnates in a world where attorneys have disincentives to take the most controversial cases. ==== |
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+Reinert 2: |
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+The data are |
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+AND |
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+qualified immunity defense. |