Changes for page Palo Alto Aff
Last modified by Administrator on 2017/08/29 03:39
Summary
-
Objects (1 modified, 1 added, 0 removed)
Details
- Caselist.RoundClass[11]
-
- EntryDate
-
... ... @@ -1,1 +1,1 @@ 1 -2017-01-07 01:26:49. 8311 +2017-01-07 01:26:49.0
- Caselist.CitesClass[14]
-
- Cites
-
... ... @@ -1,0 +1,66 @@ 1 +=Brackets for ableist language and clarity= 2 +I especially deleted all instances of ill with disabled 3 + 4 + 5 +=Part 1 is Armstrong the martyr= 6 + 7 + 8 +====The 4th circuit court of appeals reads the case of the Estate of Armstrong v. village of pinehurst in january 16==== 9 +Ronald Armstrong suffered from bipolar disorder and paranoid schizophrenia. On April 23, 2011, he had been off his prescribed medication for five days and was poking holes through the skin on his leg "to let the air out." J.A. 675.^^~~1~~^^ His sister, Jinia Armstrong Lopez ("Lopez"), worried by his behavior, convinced Armstrong to accompany her to Moore Regional Hospital ("Hospital") in Pinehurst, North Carolina. He willingly went to the Hospital and checked in, but "~~d~~uring the course of the evaluation he apparently became frightened and eloped from the ~~emergency department~~." Id. Based on that flight and Lopez's report about his odd behavior over the previous week, the examining doctor judged Armstrong a danger to himself and issued involuntary commitment papers to compel his return. Armstrong's doctor could have, but did not, designate him a danger to others, checking only the box that reads "~~m~~entally ill and dangerous to self" on the commitment form. Id. The Pinehurst police were called as soon as Armstrong left the Hospital, and three members of the department — all Appellees in this case — responded in short order. Officer Gatling appeared on the scene first, followed a minute or two later by Sergeant Sheppard. Lieutenant McDonald arrived about ten minutes after Sheppard. Armstrong had not traveled far when Gatling arrived. He was located near an intersection near the Hospital's main entrance. When the police arrived, Armstrong's commitment order had not yet been finalized.^^~~2~~^^ Therefore, Gatling and Sheppard engaged Armstrong in conversation. By all accounts, the parties were calm and cooperative at this point in time. Armstrong was acting ~~ (differently than a non impaired person would be expected to), however. When Officer Gatling first initiated conversation, Armstrong was wandering across an active roadway that intersects with the Hospital's driveway. Gatling successfully convinced him to withdraw to the relative safety of the roadside, but Armstrong then proceeded to eat grass and dandelions, chew on a gauze-like substance, and put cigarettes out on his tongue while the police officers waited for the commitment order. As soon as they learned that the commitment papers were complete, the three police officers surrounded and advanced toward Armstrong — who reacted by sitting down and wrapping himself around a four-by-four post that was supporting a nearby stop sign. The officers tried to pry Armstrong's arms and legs off of the post, but he was wrapped too tightly and would not budge. Immediately following finalization of the involuntary commitment order, in other words, Armstrong was seated on the 897*897 ground, anchored to the base of a stop sign post, in defiance of the order. The three police officers at the scene were surrounding him, struggling to remove him from the post. Lopez was in the immediate vicinity as well, along with Jack Blankenship and Johnny Verbal, two Hospital security officers. So Armstrong was encircled by six people — three Pinehurst police officers tasked with returning him to the Hospital, two Hospital security guards tasked with returning him to the Hospital, and his sister, who was pleading with him to return to the Hospital. Appellees did not prolong this stalemate. Nor did they attempt to engage in further conversation with Armstrong. Instead, just thirty seconds or so after the officers told Armstrong his commitment order was final, Lieutenant McDonald instructed Officer Gatling to prepare to tase(d) Armstrong. Officer Gatling drew his taser, set it to "drive stun mode,"^^~~3~~^^ and announced that, if Armstrong did not let go of the post, he would be tased. That warning had no effect, so Gatling deployed the taser — five separate times over a period of approximately two minutes.^^~~4~~^^ Rather than have its desired effect, the tasing actually increased Armstrong's resistance. But shortly after the tasing ceased, Blankenship and Verbal jumped in to assist the three police officers trying to pull Armstrong off of his post. That group of five successfully removed Armstrong and laid him facedown on the ground. During the struggle, Armstrong complained that he was being choked. While no witness saw the police apply any chokeholds, Lopez (his sister)did see officers "pull~~~~ his collar like they were choking him" during the struggle. J.A. 192. With Armstrong separated from the post, Appellees restrained him. Lieutenant McDonald and Sergeant Sheppard pinned Armstrong down by placing a knee on his back and standing on his back, respectively, while handcuffs were applied. But even after being cuffed, Armstrong continued to kick at Sergeant Sheppard, so the police shackled his legs too. The officers then stood up to collect themselves. They left Armstrong facedown in the grass with his hands cuffed behind his back and his legs shackled. At this point, he was no longer moving — at all. Lopez was the first to notice that her brother was unresponsive, so she asked the officers to check on him. Appellees did so immediately,^^~~5~~^^ but Armstrong's condition had already become dire. When the officers flipped him over, his skin had 898*898 turned a bluish color and he did not appear to be breathing. Sergeant Sheppard and Lieutenant McDonald administered CPR, and Lieutenant McDonald radioed dispatch to send Emergency Medical Services ("EMS"). EMS responders transported Armstrong to the Hospital's emergency department where resuscitation attempts continued but were unsuccessful. He was pronounced dead shortly after admission. According to the Pinehurst Police Department's summary of communications during the incident, just six and one-half minutes elapsed between dispatch advising Appellees that Armstrong's commitment papers were final and Appellees radioing for EMS. 10 + 11 + 12 +====And the court later ruled that while there was gratuitous violence it did not matter due to qualified immunity: THACKER 16, Circuit Judge on the case card is still from the cite above==== 13 +The Estate of Ronald H. Armstrong ("Appellant" when referring to the estate, or "Armstrong" when referring to the decedent) appeals an order granting summary judgment to the Village of Pinehurst, North Carolina, and Lieutenant Jerry McDonald, Sergeant Tina Sheppard, and Officer Arthur Gatling, Jr., of the Pinehurst Police Department ("Appellees"). The district court determined that qualified immunity bars Appellant's claim that Appellees used excessive force when executing an involuntary commitment order, which required Armstrong's immediate hospitalization. On review, we hold that Appellees used unconstitutionally excessive force when seizing Armstrong, but we, nevertheless, agree with the district court that Appellees are entitled to qualified immunity. We, therefore, affirm the grant of summary judgment in Appellees' favor on the grounds explained below. 14 +Our advocacy is that the judges in the 4th circuit court of appeals ought to 15 +AND 16 +as a person would do if they were on the 4rth circuit court. 17 + 18 +POSITION OF JUDGE 19 +====Because you have an obligation to teach debaters about how oppression manifests itself in the real world- that means taking on the reality of the oppressed and being responsible for at least saying you'd do something about it Smith ^^ ^^’13, ==== 20 +"It will be uncomfortable, it will be hard, and it will require continued effort but the necessary step in fixing this problem, like all problems, is the community as a whole admitting that such a problem with many "socially acceptable" choices exists in the first place. Like all systems of social control, the reality of racism in debate is constituted by the singular choices that institutions, coaches, and students make on a weekly basis. I have watched countless rounds where competitors attempt to win by rushing to abstractions to distance the conversation from the material reality that black debaters are forced to deal with every day. One of the students I coached, who has since graduated after leaving debate, had an adult judge write out a ballot that concluded by "hypothetically" defending my student being lynched at the tournament. Another debate concluded with a young man defending that we can kill animals humanely, "just like we did that guy Troy Davis". Community norms would have competitors do intellectual gymnastics or make up rules to accuse black debaters of breaking to escape hard conversations but as someone who understands that experience, the only constructive strategy is to acknowledge the reality of the oppressed, 21 +engage the discussion from the perspective of authors who are black and brown, and 22 +AND 23 +good idea all the neg has to do is prove that it is. 24 +1. ANALYTIC 25 +2. ANALYTIC 26 +3. ANALYTIC 27 + 28 +====ARMSTRONG WAS GUILTY OF NOTHING BUT BEING MENTALLY DISABLED- EVERY DEATH MATTERS SHOULD HAVE REVENGE ENACTED UPON IN ORDER TO RESIST ABLEISM==== 29 +Teplin 14 http://www.usnews.com/opinion/articles/2014/05/14/the-mentally-ill-are-treated-like-criminals-by-the-police 30 +They (we) are guilty of living while mentally ~~DISABLED~~. And they 31 +AND 32 +mental i~~disabilioty~~, we treat persons with mental disorders like criminals. 33 + 34 + 35 +====ARMSTRONG ENCAPSULATES EVERYTHING WRONG WITH POLICE VIOLENCE AGAINST DISABLED PEOPLE FROM EXCESSIVE AND DEADLY FORCE OUT OF IMPATIENCE TO GETTING OFF FREE TO BEING CALLED TO HELP AND ONLY ENDING UP KILLING THE VICTIM==== 36 +CPR 14 http://www.centerforpublicrep.org/litigation-and-major-cases/damage-cases/41-litigation/damage-cases/68-use-of-police-force-against-people-with-psychiatric-disabilities 37 +In 2001 Amnesty International published a report called "United States of America: Race 38 +AND 39 +amended complaintfiled Oct. 16, 2001), which precisely fits this description. 40 + 41 + 42 +====AND THE ARMSTRONG CASE REPRESENTS THE STEREOTYPE OF MENTALLY DISABLED PEOPLE LIKE MYSELF AS DANGEROUS AND IRRATIONAL==== 43 +BRIAN SUMNER 16 http://www.copblock.org/167145/police-brutality-and-mental-illness-go-hand-in-hand/ brackets for ablest language 44 +It’s ~~strange~~ to think that half of the people who have been killed 45 +AND 46 +hire mental health professionals to respond to the mentally disabled and mentally ill. 47 + 48 + 49 +====AND ARMSTRONGS STORY IS SADLY NOT UNIQUE- HALF OF POLICE KILLING ARE OF DISABLED PEOPLE AS THEY ARE SEEN AS NONCOMPLIANT LIKE ARMSTRONG- OUR SOLVENCY COMES FROM RAISING AWARENESS OF THE ARMSTRONG CASE==== 50 +MARY O HARA 16 https://www.theguardian.com/society/2016/mar/29/media-must-report-police-violence-towards-disabled-people 51 + 52 +Not only are the total numbers of police-involved deaths in the 53 +AND 54 +opportunity to learn from tragedies, identify patterns, and implement necessary reforms". 55 + 56 + 57 +====THE 1AC IS AN ENCOURAGEMENT OF DISABLED PEOPLE REPORTING COMPLAINS AND THE DECRIMINILIZATION OF PEOPLE WITH PYSCHIATRIC DISABILITIES WHICH CAUSES A REORIENTATION IN POLICE TRAINING==== 58 +CPR2 59 +Police are rarely disciplined in the wake of a shooting, even shooting of an 60 +AND 61 +to contact the Center for Public Representation for sample materials referred to above. 62 + 63 + 64 +=Part 2 is a liberation strategy= 65 +ANALYTIC 66 +CHANGING FRAMING CARDS BASED ON DISCLOSED NEGS - EntryDate
-
... ... @@ -1,0 +1,1 @@ 1 +2017-01-07 01:26:51.203 - Judge
-
... ... @@ -1,0 +1,1 @@ 1 +3 of them - Opponent
-
... ... @@ -1,0 +1,1 @@ 1 +Loyola - ParentRound
-
... ... @@ -1,0 +1,1 @@ 1 +11 - Round
-
... ... @@ -1,0 +1,1 @@ 1 +Doubles - Team
-
... ... @@ -1,0 +1,1 @@ 1 +Palo Alto Aff - Title
-
... ... @@ -1,0 +1,1 @@ 1 +Nov dec Armstrong but my flows weak - Tournament
-
... ... @@ -1,0 +1,1 @@ 1 +ALTA