Summary

• Objects (0 modified, 0 added, 1 removed)
  • Caselist.CitesClass[124]

Details

Caselist.CitesClass[124]

Cites

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1		-Interpretation: The affirmative must defend that the United States limit the qualified immunity of police officers by getting rid of immunity from suit.
2		-According to Letric Law, qualified immunity is
3		-http://www.lectlaw.com/def2/q063.htm, Letric Law
4		-The defense of qualified immunity protects "government officials . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). The rule of qualified immunity " `provides ample support to all but the plainly incompetent or those who knowingly violate the law.' " Burns v. Reed, 500 U.S. 478, 494-95 (1991) (quoting Malley v. Briggs, 475 U.S. 335, 341 (1986)). "Therefore, regardless of whether the constitutional violation occurred, the officer should prevail if the right asserted by the plaintiff was not `clearly established' or the officer could have reasonably believed that his particular conduct was lawful." Romero v. Kitsap County, 931 F.2d 624, 627 (9th Cir. 1991) (emphasis added). Furthermore, "the entitlement is an immunity from suit rather than a mere defense to liability; .. . it is effectively lost if a case is erroneously permitted to go to trial." Mitchell v. Forsyth, 472 U.S. 511, 526 (1985).
5		-Qualified immunity is only a pre-trial move in civil lawsuits, not criminal charges. Bergstein:
6		-TUESDAY, MARCH 18, 2008 Qualified immunity: injunction but no damages - Bergstein and Ullrich, LLP.
7		-Qualified immunity hovers over any civil rights lawsuit brought under Section 1983, the civil rights statute that allows you to enforce the Constitution against government officials. Qualified immunity is what it sounds like: government officials are immune from suit, but that immunity is qualified as it does not always apply. The general rule is that if the state of the law was not clearly established at the time of the civil rights action, the government official cannot be sued for damages. We know whether the state of the law was clearly established by looking at the case law as decided by the Supreme Court and the local Court of Appeals. Qualified immunity, however, does not stand in the way of an injunction to force the government to comply with the law. You can get an injunction but not recover damages in these esoteric cases.
8		-
9		-Violation: The aff is body cams- that's FX t since it's not action that directly limits suit immunity, which is what QI really is about.
10		-Standards:
11		-1. Limits
12		-2. Text
13		-Fairness and Jurisdiction are voters.
14		-Drop the debater.
15		-Competing Interps.
16		-No RVI.

EntryDate

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1		-2017-03-16 01:48:56.0

Judge

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1		-Victor Fu

Opponent

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1		-WB Ray JG

ParentRound

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1		-63

Round

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1		-3

Team

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1		-Strake Jesuit Chen Neg

Title

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1		-ND - T - Effects Topical

Tournament

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1		-UT