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+====Studies show officers fear litigation, which creates a chilling effect on enforcement==== |
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+**Hawkins and Montsinger 7 **Homer C. Hawkins (Associate Professor, School of Criminal Justice, Michigan State University) and Catherine Montsinger (Assistant Professor, Criminology, Johnson C. Smith University). "Police and Civil Liability: A Practical Guide to Avoiding Litigation." Law Enforcement Executive Forum • 2007 • 7(1). https://www.iletsbeiforumjournal.com/images/Issues/FreeIssues/ILEEF202007-7.1.pdf |
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+Litigaphobia, also referred to as Police Liability Syndrome, creates a certain paralysis in |
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+AND |
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+become trained to avoid the "chill effect" that litigation may present. |
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+ |
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+ |
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+====Litigation prevents police from upholding the law==== |
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+**Boutwell 79** |
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+J. Paul Boutwell (Special Agent, Legal Counsel Division, Federal Bureau of Investigation). "Qualified Immunity of Law Enforcement Officials." FBI Law Enforcement Bulletin. January 1979. https://www.ncjrs.gov/pdffiles1/Digitization/53755NCJRS.pdf |
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+There is no doubt that the cancellation of insurance coverage, increased premiums, and |
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+AND |
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+discretion with undue timidity. the public interest is served by nothing less. |
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+ |
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+ |
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+====Limiting immunity would cause courts to restrict constitutional rights to compensate==== |
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+**Fallon 11 **Richard H. Fallon, Jr., (The Ralph S. Tyler, Jr. Professor of Law, Harvard Law School). "Asking the Right Questions About Officer Immunity." 80 Fordham L. Rev. 479 (2011). http://ir.lawnet.fordham.edu/flr/vol80/iss2/3 |
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+As another possible response to a world without official immunity, the Supreme Court might |
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+AND |
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+It is not unreasonable. |