Changes for page Tahoma Guzman Soto Aff
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... ... @@ -1,135 +1,0 @@ 1 -==The standard is resisting structural violence== 2 - 3 - 4 -====Structural violence is contingent on moral exclusions. Any attempt to ignore the importance of structural violence just exacerbates exclusion. ==== 5 -Winter and Leighton 1999 (Deborah DuNann Winter and Dana C. Leighton. Winter: Psychologist that specializes in Social Psych, Counseling Psych, Historical and Contemporary Issues, Peace Psychology. Leighton: PhD graduate student in the Psychology Department at the University of Arkansas. Knowledgable in the fields of social psychology, peace psychology, and ustice and intergroup responses to transgressions of justice) (Peace, conflict, and violence: Peace psychology in the 21st century. Pg 4-5) 6 - 7 -Finally, to recognize the operation of structural violence forces us to ask questions 8 -AND 9 -structural violence, can also be used to empower citizens to reduce it. 10 - 11 - 12 -====Minorities especially those of colors are more resistant to police because of the illegitimacy of their authority. This feeds the cycle of violence, change is needed within the structure of society==== 13 -Carbado 16 ~~DEVON W. CARBADO, "Blue-on-Black Violence: A Provisional Model of Some of the Causes" The Georgetown Law Journal http://georgetownlawjournal.org/files/2016/08/carbado-blue-on-black.pdf~~ 14 -Fifth, and finally, African-Americans' ongoing experiences with the police may cause 15 -AND 16 -upon seeing or encountering the police, each of which can precipitate police violence 17 - 18 - 19 -====Shootings of unarmed black people are more than just cops making mistake, it's reflective of our system that needs serious change==== 20 -Carbado 16 ~~DEVON W. CARBADO, "Blue-on-Black Violence: A Provisional Model of Some of the Causes" The Georgetown Law Journal http://georgetownlawjournal.org/files/2016/08/carbado-blue-on-black.pdf 21 -No single model can fully explain African-American vulnerability to police violence. At 22 -AND 23 -Brown onto the blue-on-black violence model this article articulates. 24 - 25 - 26 -====Laws are not colorblind, blacks do not receive the same treatments as whites==== 27 -**Tibbs 12** ~~Donald F. Tibbs, 2012, The Journal of Gender, Race and Justice, "From Black Power to Hip Hop: Discussing Race, Policing, and the Fourth Amendment Through the "War on" Paradigm", http://sci-hub.cc/doi/10.0000/heinonline.org/HOL/Page?handle=hein.journals/jgrj15andid=49~~ 28 -Using Hip Hop, KRS-One narrates how policing Black people is actually the 29 -AND 30 -to their jobs, with the added insult of back pay.' 3 31 - 32 - 33 -==Plan Text: Remove Clearly established label established Farlow vs Fitzgerald== 34 -We are removing back the reasonable standard set in Farlow Fitzgerald which establish that courts would use summary judgments and use an objective standard and reject subjective case by case standards. T 35 -In 1982 the Supreme Court significantly expanded the scope of qualified immunity of executive officials from constitutional tort claims. Harlow v. Fitzgerald removed the requirement that an official act in subjective good faith in order to claim the immunity, in favor of an objective test. After Harlow, officials are shielded from damages unless they violate a citizen's clearly-settled constitutional rights. 36 -**Shapiro 89** ~~Stephen J. Shapiro, PUBLIC OFFICIALS' QUALIFIED IMMUNITY IN SECTION 1983 ACTIONS UNDER HARLOW v. FITZGERALD AND ITS PROGENY: A CRITICAL ANALYSIS, Journal of Law Reform http://sci-hub.cc/doi/10.0000/heinonline.org/HOL/Page?handle=hein.journals/umijlr22andid=259~~ 37 -Although this standard serves the Court's purposes of avoiding trial and discovery AND 38 -a plaintiff whose constitutional rights have been violated in bad faith 39 - 40 - 41 -====The Clearly established label prevents any change in the current qualified immunity doctrine as the courts rely on summary judgements that don't make any change==== 42 -**Shapiro 89** ~~Stephen J. Shapiro, PUBLIC OFFICIALS' QUALIFIED IMMUNITY IN SECTION 1983 ACTIONS UNDER HARLOW v. FITZGERALD AND ITS PROGENY: A CRITICAL ANALYSIS, Journal of Law Reform http://sci-hub.cc/doi/10.0000/heinonline.org/HOL/Page?handle=hein.journals/umijlr22andid=259 43 -Application of the Harlow standard, especially as refined in Anderson v. Creighton, 44 -AND 45 -a summary judgment motion on the immunity issue without reaching the constitutional issue. 46 - 47 - 48 -====Qualified Immunity prevents future changes to the current rules ==== 49 -**Shapiro 89** ~~Stephen J. Shapiro, PUBLIC OFFICIALS' QUALIFIED IMMUNITY IN SECTION 1983 ACTIONS UNDER HARLOW v. FITZGERALD AND ITS PROGENY: A CRITICAL ANALYSIS, Journal of Law Reform http://sci-hub.cc/doi/10.0000/heinonline.org/HOL/Page?handle=hein.journals/umijlr22andid=259~~ 50 -Assume, for example, that ~~if~~ a plaintiff's complaint alleged the violation 51 -AND 52 -existence of the constitutional right. Under Anderson, this could no longer happen 53 - 54 - 55 -====Harlow Ruling is not good at weeding out frivolous lawsuit ==== 56 -**Shapiro 89** ~~Stephen J. Shapiro, PUBLIC OFFICIALS' QUALIFIED IMMUNITY IN SECTION 1983 ACTIONS UNDER HARLOW v. FITZGERALD AND ITS PROGENY: A CRITICAL ANALYSIS, Journal of Law Reform http://sci-hub.cc/doi/10.0000/heinonline.org/HOL/Page?handle=hein.journals/umijlr22andid=259~~ 57 -If these claims are viewed not as frivolous, but as claims where a constitutional 58 -AND 59 -result without depriving plaintiffs of a remedy against those who acted with malice. 60 - 61 - 62 -==Contention 1: Qualified Immunity perpetuates police brutality == 63 - 64 - 65 -===A: QI Doctrine=== 66 - 67 - 68 -**====Individuals who have had their rights violated can't recover damages because of qualified immunity====** 69 -**Bagenstos 16** ~~Samuel R. Bagenstos, Michigan Law Review Volume 114 ~| Issue 6, "Who Is Responsible for the Stealth Assault on Civil Rights?" University of Michigan Law School~~ 70 -The consequences of the doctrinal developments I have discussed in this Part are extremely significant 71 -AND 72 -does not get the headlines, but it has headline-generating consequences. 73 - 74 - 75 -===B: Cycle of Violence=== 76 - 77 - 78 -====Qualified Immunity incentives a culture of unchecked police violence ==== 79 -**Worthy 16** ~~Sabrina S. Worthy, "Failure to Prosecute Police Misconduct Breeds a Systematic Tolerance of Police" Law School Student Scholarship Seton Hall Law 2016 http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1847andcontext=student_scholarship~~ – H.G. 80 -There is disconnect between what the Supreme Court has affirmatively held and the objectively reasonableness 81 -AND 82 -with it. No one questions the officer's conduct which reinforces the misconduct. 83 - 84 - 85 -====Police Officers increasingly violent in the US==== 86 -Andrew Emett Record Number of Cops Charged with Killing People in 2015 — Not a ..." 2016. 10 Jul. 2016 http://thefreethoughtproject.com/record-number-cops-charged-murder-manslaughter-2015-single-officer-convicted/ 87 -Although the number of cops charged with murder or manslaughter sharply spiked last year, 88 -AND 89 -to death following a police pursuit after Rooker had already crashed his vehicle. 90 - 91 - 92 - 93 -====Stereotypes are reinforced through police violence==== 94 -Carbado 16 ~~DEVON W. CARBADO, "Blue-on-Black Violence: A Provisional Model of Some of the Causes" The Georgetown Law Journal http://georgetownlawjournal.org/files/2016/08/carbado-blue-on-black.pdf~~ 95 -The problem of race, stereotyping, and police violence is potentially even worse. 96 -AND 97 -helps to produce the stereotype of African-Americans as violent and dangerous). 98 - 99 - 100 -====Racially segregated communities are over policed which creates more crime and perpetuates a cycle of police violence==== 101 -Carbado 16 ~~DEVON W. CARBADO, "Blue-on-Black Violence: A Provisional Model of Some of the Causes" The Georgetown Law Journal http://georgetownlawjournal.org/files/2016/08/carbado-blue-on-black.pdf~~ 102 -There are two sets of reasons why racial segregation renders African Americans vulnerable to repeated 103 -AND 104 -enforcement contact and thus the possibility of excessive force by the police.55 105 - 106 - 107 -====Minorities, especially those of colors are disproportionally in frequent contact with police which causes a perpetual cycle of violence. Qualified Immunity perpetuates the cycle of violence by condoning it. ==== 108 -Carbado 16 ~~DEVON W. CARBADO, "Blue-on-Black Violence: A Provisional Model of Some of the Causes" The Georgetown Law Journal http://georgetownlawjournal.org/files/2016/08/carbado-blue-on-black.pdf~~ 109 -This Article offers a theoretical model that explains the persistence of what I will call 110 -AND 111 -of particular officers engaging in particular acts of violence against particular African Americans. 112 - 113 - 114 -====Structural racism causes mass oppression and violence=== 115 -**Feagin 6 **(Joe ~~President of American Sociology Association~~ "Systemic Racism: A theory of oppression" Routledge, 2006) 116 -"No person is an island; all residents of the United States are part 117 -AND 118 -depends upon the speedy elimination of racial oppression and other major social oppressions." 119 - 120 - 121 -==Contention 2: Limiting Qualified Immunity Solves== 122 - 123 - 124 -====Oversight for qualified Immunity solves==== 125 -**Worthy 16** ~~Sabrina S. Worthy, "Failure to Prosecute Police Misconduct Breeds a Systematic Tolerance of Police" Law School Student Scholarship Seton Hall Law 2016 http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1847andcontext=student_scholarship~~ – H.G. 126 -One of the purposes of the justice system and creation of laws is to establish 127 -AND 128 -it would create a system of accountability. And hopefully deter police misconduct. 129 - 130 - 131 -====Limiting Qualified Immunity is uniquely key to solving for police brutality ==== 132 -**Wright 15** ~~SAM WRIGHT, "Want to Fight Police Misconduct? Reform Qualified Immunity", Nov 3, 2015, Above the Law, Sam Wright is a public interest lawyer who has spent his career exclusively in nonprofits and government~~ 133 -In order to truly hold police accountable for bad acts, civilians must be able 134 -AND 135 -want to see justice done, we should push to make it happen. - EntryDate
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... ... @@ -1,0 +1,1 @@ 1 +Hello, you can reach me through email at soto26938@gmail.com. - EntryDate
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... ... @@ -1,0 +1,135 @@ 1 +==The standard is resisting structural violence== 2 + 3 + 4 +====Structural violence is contingent on moral exclusions. Any attempt to ignore the importance of structural violence just exacerbates exclusion. ==== 5 +Winter and Leighton 1999 (Deborah DuNann Winter and Dana C. Leighton. Winter: Psychologist that specializes in Social Psych, Counseling Psych, Historical and Contemporary Issues, Peace Psychology. Leighton: PhD graduate student in the Psychology Department at the University of Arkansas. Knowledgable in the fields of social psychology, peace psychology, and ustice and intergroup responses to transgressions of justice) (Peace, conflict, and violence: Peace psychology in the 21st century. Pg 4-5) 6 + 7 +Finally, to recognize the operation of structural violence forces us to ask questions 8 +AND 9 +structural violence, can also be used to empower citizens to reduce it. 10 + 11 + 12 +====Minorities especially those of colors are more resistant to police because of the illegitimacy of their authority. This feeds the cycle of violence, change is needed within the structure of society==== 13 +Carbado 16 ~~DEVON W. CARBADO, "Blue-on-Black Violence: A Provisional Model of Some of the Causes" The Georgetown Law Journal http://georgetownlawjournal.org/files/2016/08/carbado-blue-on-black.pdf~~ 14 +Fifth, and finally, African-Americans' ongoing experiences with the police may cause 15 +AND 16 +upon seeing or encountering the police, each of which can precipitate police violence 17 + 18 + 19 +====Shootings of unarmed black people are more than just cops making mistake, it's reflective of our system that needs serious change==== 20 +Carbado 16 ~~DEVON W. CARBADO, "Blue-on-Black Violence: A Provisional Model of Some of the Causes" The Georgetown Law Journal http://georgetownlawjournal.org/files/2016/08/carbado-blue-on-black.pdf 21 +No single model can fully explain African-American vulnerability to police violence. At 22 +AND 23 +Brown onto the blue-on-black violence model this article articulates. 24 + 25 + 26 +====Laws are not colorblind, blacks do not receive the same treatments as whites==== 27 +**Tibbs 12** ~~Donald F. Tibbs, 2012, The Journal of Gender, Race and Justice, "From Black Power to Hip Hop: Discussing Race, Policing, and the Fourth Amendment Through the "War on" Paradigm", http://sci-hub.cc/doi/10.0000/heinonline.org/HOL/Page?handle=hein.journals/jgrj15andid=49~~ 28 +Using Hip Hop, KRS-One narrates how policing Black people is actually the 29 +AND 30 +to their jobs, with the added insult of back pay.' 3 31 + 32 + 33 +==Plan Text: Remove Clearly established label established Farlow vs Fitzgerald== 34 +We are removing back the reasonable standard set in Farlow Fitzgerald which establish that courts would use summary judgments and use an objective standard and reject subjective case by case standards. T 35 +In 1982 the Supreme Court significantly expanded the scope of qualified immunity of executive officials from constitutional tort claims. Harlow v. Fitzgerald removed the requirement that an official act in subjective good faith in order to claim the immunity, in favor of an objective test. After Harlow, officials are shielded from damages unless they violate a citizen's clearly-settled constitutional rights. 36 +**Shapiro 89** ~~Stephen J. Shapiro, PUBLIC OFFICIALS' QUALIFIED IMMUNITY IN SECTION 1983 ACTIONS UNDER HARLOW v. FITZGERALD AND ITS PROGENY: A CRITICAL ANALYSIS, Journal of Law Reform http://sci-hub.cc/doi/10.0000/heinonline.org/HOL/Page?handle=hein.journals/umijlr22andid=259~~ 37 +Although this standard serves the Court's purposes of avoiding trial and discovery AND 38 +a plaintiff whose constitutional rights have been violated in bad faith 39 + 40 + 41 +====The Clearly established label prevents any change in the current qualified immunity doctrine as the courts rely on summary judgements that don't make any change==== 42 +**Shapiro 89** ~~Stephen J. Shapiro, PUBLIC OFFICIALS' QUALIFIED IMMUNITY IN SECTION 1983 ACTIONS UNDER HARLOW v. FITZGERALD AND ITS PROGENY: A CRITICAL ANALYSIS, Journal of Law Reform http://sci-hub.cc/doi/10.0000/heinonline.org/HOL/Page?handle=hein.journals/umijlr22andid=259 43 +Application of the Harlow standard, especially as refined in Anderson v. Creighton, 44 +AND 45 +a summary judgment motion on the immunity issue without reaching the constitutional issue. 46 + 47 + 48 +====Qualified Immunity prevents future changes to the current rules ==== 49 +**Shapiro 89** ~~Stephen J. Shapiro, PUBLIC OFFICIALS' QUALIFIED IMMUNITY IN SECTION 1983 ACTIONS UNDER HARLOW v. FITZGERALD AND ITS PROGENY: A CRITICAL ANALYSIS, Journal of Law Reform http://sci-hub.cc/doi/10.0000/heinonline.org/HOL/Page?handle=hein.journals/umijlr22andid=259~~ 50 +Assume, for example, that ~~if~~ a plaintiff's complaint alleged the violation 51 +AND 52 +existence of the constitutional right. Under Anderson, this could no longer happen 53 + 54 + 55 +====Harlow Ruling is not good at weeding out frivolous lawsuit ==== 56 +**Shapiro 89** ~~Stephen J. Shapiro, PUBLIC OFFICIALS' QUALIFIED IMMUNITY IN SECTION 1983 ACTIONS UNDER HARLOW v. FITZGERALD AND ITS PROGENY: A CRITICAL ANALYSIS, Journal of Law Reform http://sci-hub.cc/doi/10.0000/heinonline.org/HOL/Page?handle=hein.journals/umijlr22andid=259~~ 57 +If these claims are viewed not as frivolous, but as claims where a constitutional 58 +AND 59 +result without depriving plaintiffs of a remedy against those who acted with malice. 60 + 61 + 62 +==Contention 1: Qualified Immunity perpetuates police brutality == 63 + 64 + 65 +===A: QI Doctrine=== 66 + 67 + 68 +**====Individuals who have had their rights violated can't recover damages because of qualified immunity====** 69 +**Bagenstos 16** ~~Samuel R. Bagenstos, Michigan Law Review Volume 114 ~| Issue 6, "Who Is Responsible for the Stealth Assault on Civil Rights?" University of Michigan Law School~~ 70 +The consequences of the doctrinal developments I have discussed in this Part are extremely significant 71 +AND 72 +does not get the headlines, but it has headline-generating consequences. 73 + 74 + 75 +===B: Cycle of Violence=== 76 + 77 + 78 +====Qualified Immunity incentives a culture of unchecked police violence ==== 79 +**Worthy 16** ~~Sabrina S. Worthy, "Failure to Prosecute Police Misconduct Breeds a Systematic Tolerance of Police" Law School Student Scholarship Seton Hall Law 2016 http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1847andcontext=student_scholarship~~ – H.G. 80 +There is disconnect between what the Supreme Court has affirmatively held and the objectively reasonableness 81 +AND 82 +with it. No one questions the officer's conduct which reinforces the misconduct. 83 + 84 + 85 +====Police Officers increasingly violent in the US==== 86 +Andrew Emett Record Number of Cops Charged with Killing People in 2015 — Not a ..." 2016. 10 Jul. 2016 http://thefreethoughtproject.com/record-number-cops-charged-murder-manslaughter-2015-single-officer-convicted/ 87 +Although the number of cops charged with murder or manslaughter sharply spiked last year, 88 +AND 89 +to death following a police pursuit after Rooker had already crashed his vehicle. 90 + 91 + 92 + 93 +====Stereotypes are reinforced through police violence==== 94 +Carbado 16 ~~DEVON W. CARBADO, "Blue-on-Black Violence: A Provisional Model of Some of the Causes" The Georgetown Law Journal http://georgetownlawjournal.org/files/2016/08/carbado-blue-on-black.pdf~~ 95 +The problem of race, stereotyping, and police violence is potentially even worse. 96 +AND 97 +helps to produce the stereotype of African-Americans as violent and dangerous). 98 + 99 + 100 +====Racially segregated communities are over policed which creates more crime and perpetuates a cycle of police violence==== 101 +Carbado 16 ~~DEVON W. CARBADO, "Blue-on-Black Violence: A Provisional Model of Some of the Causes" The Georgetown Law Journal http://georgetownlawjournal.org/files/2016/08/carbado-blue-on-black.pdf~~ 102 +There are two sets of reasons why racial segregation renders African Americans vulnerable to repeated 103 +AND 104 +enforcement contact and thus the possibility of excessive force by the police.55 105 + 106 + 107 +====Minorities, especially those of colors are disproportionally in frequent contact with police which causes a perpetual cycle of violence. Qualified Immunity perpetuates the cycle of violence by condoning it. ==== 108 +Carbado 16 ~~DEVON W. CARBADO, "Blue-on-Black Violence: A Provisional Model of Some of the Causes" The Georgetown Law Journal http://georgetownlawjournal.org/files/2016/08/carbado-blue-on-black.pdf~~ 109 +This Article offers a theoretical model that explains the persistence of what I will call 110 +AND 111 +of particular officers engaging in particular acts of violence against particular African Americans. 112 + 113 + 114 +====Structural racism causes mass oppression and violence=== 115 +**Feagin 6 **(Joe ~~President of American Sociology Association~~ "Systemic Racism: A theory of oppression" Routledge, 2006) 116 +"No person is an island; all residents of the United States are part 117 +AND 118 +depends upon the speedy elimination of racial oppression and other major social oppressions." 119 + 120 + 121 +==Contention 2: Limiting Qualified Immunity Solves== 122 + 123 + 124 +====Oversight for qualified Immunity solves==== 125 +**Worthy 16** ~~Sabrina S. Worthy, "Failure to Prosecute Police Misconduct Breeds a Systematic Tolerance of Police" Law School Student Scholarship Seton Hall Law 2016 http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1847andcontext=student_scholarship~~ – H.G. 126 +One of the purposes of the justice system and creation of laws is to establish 127 +AND 128 +it would create a system of accountability. And hopefully deter police misconduct. 129 + 130 + 131 +====Limiting Qualified Immunity is uniquely key to solving for police brutality ==== 132 +**Wright 15** ~~SAM WRIGHT, "Want to Fight Police Misconduct? Reform Qualified Immunity", Nov 3, 2015, Above the Law, Sam Wright is a public interest lawyer who has spent his career exclusively in nonprofits and government~~ 133 +In order to truly hold police accountable for bad acts, civilians must be able 134 +AND 135 +want to see justice done, we should push to make it happen. - EntryDate
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