| ... |
... |
@@ -1,37
+1,0 @@ |
| 1 |
|
-==1NC Shell== |
| 2 |
|
- |
| 3 |
|
- |
| 4 |
|
-===Plan Text=== |
| 5 |
|
- |
| 6 |
|
- |
| 7 |
|
-====I propose: "The United States Federal Government will remove qualified immunity for police officers." This is further explained by:==== |
| 8 |
|
-Bernick 15, Evan. Assistant Director of the Center for Judicial Engagement at the Institute for Justice, the national law firm for liberty. May 6, 2015. "To Hold Police Accountable, Don't Give Them Immunity" Foundation for Economic Education. https://fee.org/articles/to-hold-police-accountable-dont-give-them-immunity/ |
| 9 |
|
-Qualified immunity shields police misconduct not only from liability but also from meaningful judicial scrutiny |
| 10 |
|
-AND |
| 11 |
|
-be replaced with a rule of strict liability for bona fide constitutional violations. |
| 12 |
|
- |
| 13 |
|
- |
| 14 |
|
-===Competition=== |
| 15 |
|
- |
| 16 |
|
- |
| 17 |
|
-====This is functionally competitive with the Aff because limiting qualified immunity is restricting it – it can't be restricted if it fails to exist, thus qualified immunity can't be both removed and restricted.==== |
| 18 |
|
- |
| 19 |
|
- |
| 20 |
|
-===Solvency=== |
| 21 |
|
- |
| 22 |
|
- |
| 23 |
|
-====Turns case - Aff only creates a solvency ruse – the entire system that qualified immunity creates is problematic and anything short of a removal of qualified immunity fails to solve.==== |
| 24 |
|
-Hassel, Diana. Associate Professor, Roger Williams University School of Law. 1999. "Living a Lie: The Cost of Qualified Immunity," Missouri Law Review Vol. 64, 1999. |
| 25 |
|
-Current qualified immunity doctrine serves as a means to diffuse conflict. Without a clear |
| 26 |
|
-AND |
| 27 |
|
-margins, but fundamental recasting of the terms of the debate is unlikely. |
| 28 |
|
- |
| 29 |
|
- |
| 30 |
|
-===Net Benefits=== |
| 31 |
|
- |
| 32 |
|
- |
| 33 |
|
-====The net benefit is solving for the entire system of qualified immunity that is problematic.==== |
| 34 |
|
-Hassel 2, Diana. Associate Professor, Roger Williams University School of Law. 1999. "Living a Lie: The Cost of Qualified Immunity," Missouri Law Review Vol. 64, 1999. |
| 35 |
|
-The problem with qualified immunity is not so much that the outcomes are sometimes unfair |
| 36 |
|
-AND |
| 37 |
|
-to be about individual cases and the reasonableness of individual defendants. |