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+Same offense, new plan text |
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+Plan: The Supreme Court of the United States should limit qualified immunity by adopting the Ninth Circuit’s decision on Title II of the Americans with Disabilities Act’s applicability to arrest situations in Sheehan v. City and County of San Francisco as a legal precedent for all circuits on the next available test case. |
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+Auner 16 Thomas J. "For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests." Loyola of Los Angeles Law Review 49.1 (2016): 335. |
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+Excessive force claims stemming from the Fourth Amendment and section 1983 of the Civil Rights |
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+AND |
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+incentivize proper police training and provide uniform federal protections for the mentally ill. |
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+They continue |
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+The Ninth Circuit’s approach to the ADA’s applicability to arrest situations in Sheehan should be a model for all circuits. Holding the ADA applicable to arrest situations furthers the ADA’s objectives and forces law enforcement agencies to implement improved training programs. Training programs implemented by police departments in order to comply with the ADA will likely lead to increased safety among those with mental illnesses. Thus, the Supreme Court has a duty to ensure that a mentally ill person living within in the Fifth Circuit is subject to the same federal protections as a mentally ill person living within the Ninth Circuit. In addition to making the federal law uniform, it is the right thing to do for the mentally ill. |