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Summary

Details

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1 -===Framework===
2 -====I value morality as per evaluative ought in the resolution which is defined as used to express duty or moral obligation by Merriam Webster====
3 -https://www.merriam-webster.com/dictionary/ought
4 -====Ethics arise from the subject, always social and changed by surroundings and environment====
5 -**Butler 92**. Judith. 1992. "Continent Foundations: Feminism and the Question of "Postmodernism" Feminists Theorize the Political.
6 -In a sense, The subject is constituted through an exclusion and differentiation, perhaps a repression, that is subsequently concealed, covered over, by the effect of autonomy. In this sense, autonomy is the logical consequence of a disavowed dependency, which is to say that the autonomous subject can maintain the illusion of its autonomy insofar as it covers over the break out of which it is constituted. This dependency and this break are already Social relations, ones which precede and condition the formation of the subject. As a result, this is not a relation in which the subject finds itself, as one of the relations that forms it situation. The subject is constructed through acts of exclusion and differentiation that distinguish the subject from its constitutive outside, a domain of abjected alterity. There is no ontologically intact reflexivity to the subject which is then placed within a cultural context; that cultural context, as it were, is already there as the disarticulated process of that subject’s production, one that is concealed by the frame that would situate a ready-made subject in an external web of cultural relations. We may be tempted to think that to assume the subject in advance is necessary in order to safeguard the agency of the subject. But to claim that the subject is constituted is not to claim that it is determined; on the contrary, the constituted character of the subject is the very precondition of its agency. For what is it that enables a purposive and significant reconfiguration of cultural and political relations, if not a relation that can be turned against itself, reworked, resisted? Do we need to assume theoretically from the start a subject with agency before we can articulate the terms of a significant social and political task of transformation, resistance, radical democratization? If we do not offer in advance the theoretical guarantee of that agent, are we doomed to give up transformation and meaningful political practice? My suggestion is that agency belongs to a way of thinking about persons as instrumental actors who confront an external political field. But if we agree that politics and power exist already at the level at which the subject and its agency are articulated and made possible, then agency can be presumed only at the cost of refusing to inquire into its construction. Consider that "agency" has no formal existence or, if it does, it has no bearing on the question at hand. In a sense, The epistemological model that offers us a pregiven subject or agent is one that refuses to acknowledge that agency is always and only a political prerogative. As such, it seems crucial to question the conditions of its possibility, not to take it for granted as an a priori guarantee. We need instead to ask, what possibilities of mobilization that are produced on the basis of existing configurations of discourse and power? Where are the possibilities of reworking that very matrix of power by which we are constituted, of reconstituting the legacy of that constitution, and of working against each other those processes of regulation at can destabilize existing power regimes? For if the subject is constituted by power, that power does not cease at the moment the subject is constituted, for that subject is never fully constituted, but is subjected and produced time and again. That subject is neither a ground nor a product, but the permanent possibility of a certain resignifying process, one which gets detoured and stalled through other mechanisms of power, but which is power’s own possibility of being reworked. The subject is an accomplishment regulate and produced in advance. And is as such fully political; indeed, perhaps most political at the point in which it is claimed to be prior to politics itself.
7 -
8 -====Precariousness makes the subject invisible and makes ethics impossible, means resolving that comes first. They operate through frames.====
9 -**Butler 2**. Judith. Frames of War: When Is Life Grievable? London: Verso, 2009. Print.
10 -The precarity of life imposes an obligation upon us. We have to ask about the conditions under which it becomes possible to apprehend a life or set of lives as precarious, and those that make it less possible, or indeed impossible. Of course, it does not follow that if one apprehends a life as precarious one will resolve to protect that life or secure the conditions for its persistence and flourishing. It could be, as both Hegel and Klein point out in their different ways, that the apprehension of precariousness leads to a heightening of violence, an insight into the physical vulnerability of some set of others that incites the desire to destroy them. And yet, I want to argue that if we are to make broader social and political claims about rights of protection and entitlements to persistence and flourishing, we will first have to be supported by a new bodily ontology, one that implies the rethinking of precariousness, vulnerability, injurability, interdependency, exposure, bodily persistence, desire, work and the claims of language and social belonging. To refer to "ontology" in this regard is not to lay claim to a description of fundamental structures of being that are distinct from any and all social and political organization. On the contrary, none of these terms exist outside of their political organization and interpretation. The "being" of the body to which this ontology refers is one that is always given over to others, to norms, to social and political organizations that have developed historically in order to maximize precariousness for some and minimize precariousness for others. It is not possible first to define the ontology of the body and then to refer to the social significations the body assumes. Rather, To be a body is to be exposed to social crafting and form, and that is what makes the ontology of the body a social ontology. In other words, the body is exposed to socially and politically articulated forces as well as to claims of sociality-including language, work, and desire-that make possible the body's persisting and flourishing. The more or less existential conception of "precariousness" is thus linked with a more specifically political notion of "precarity." And it is the differential allocation of precarity that, in my view, forms the point of departure for both a rethinking of bodily ontology and for progressive or left politics in ways that continue to exceed and traverse the categories of identity.1 The epistemological capacity to apprehend a life is partially dependent on that life being produced according to norms that qualify it as a life or, indeed, as part of life. In This way, the normative production of ontology thus produces the epistemological problem of apprehending a life, and this in turn gives rise to the ethical problem of what it is to acknowledge or, indeed, to guard against injury and violence. Of course, we are talking about different modalities of "violence" at each level of this analysis, but that does not mean that they are all equivalent or that no distinctions between them need to be made. The "frames" that work to differentiate the lives we can apprehend from those we cannot (or that produce lives across a continuum of life) not only organize visual experience but also generate specific ontologies of the subject. Subjects are constituted through norms which, in their reiteration, produce and shift the terms through which subjects are recognized. These normative conditions for the production of the subject produce an historically contingent ontology, such that our very capacity to discern and name the "being" of the subject is dependent on norms that facilitate that recognition. At the same time, it would be a mistake to understand the operation of norms as deterministic. Normative schemes are interrupted by one another, they emerge and fade depending on broader operations of power, and very often come up against spectral versions of what it is they claim to know: thus, there are "subjects" who are not quite recognizable as subjects, and there are "lives" that are not quite—or, indeed, are never-recognized as lives. In what sense does life, then, always exceed the normative conditions ofits recognizability? To claim that it does so is not to say that "life" has as its essence a resistance to normativity, but only that each and every construction of life requires time to do its job, and that no job it does can overcome time itself. In other words, the job is never done "once and for all." This is a limit internal to normative construction itself, a function of its iterability and heterogeneity, without which it cannot exercise its crafting power, and which limits the finality of any of its effects.
11 -
12 -====Thus the standard is rendering life grievable====
13 -
14 -====Thus I affirm that the United States ought to limit the use of qualified immunity. I affirm the entire resolution – specifying a specific court case or intricate policy makes no sense – I defend disad ground but ld debate is about values – we will argue limiting qualified immunity is good and the neg can still read counterplans or disads to why it is bad – but they simply have to prove why the aff is a bad idea.====
15 -
16 -===Contention 1 is Disposability===
17 -====Analyzing the historical starting point of Qualified immunity is important – it was created as a response to systemic violence white officers committed against blacks in the civil war. This culture of "allowing" police violence had roots starting in the 19th century.====
18 -**Kirby 2000**. John D. Kirby, Qualified Immunity for Civil Rights Violations: Refining the Standard , 85 Cornell L. Rev. 461. 2000. http://scholarship.law.cornell.edu/clr/vol85/iss4/11 HSLASC
19 -A. Constitutional Remedies The Qualified immunity doctrine grew out of the use of section 1983 and the Bivens doctrine by individuals seeking redress for violations of their constitutional rights.2' The Court's expansive reading of section 1983,22 and its announcement of a new cause of action in Bivens v. Six Unknown Agents of Federal Bureau of Narcotics,23 created the potential for a vast increase in personal liability for federal and state officials. The Court reacted to this new potential for liability by carving out pockets of immunity for certain classes of officials. 24 1. Section 1983 At its inception, section 198325 was specifically intended as a response to the systematic violence and injustice against southern blacks in the wake of the Civil War.26 The Act, written in broad terms, provides a remedy against "any person" who, under color of state law, deprives any person of "any rights, privileges, or immunities secured by the Constitution and laws .... 27
20 -
21 -====Specifically, black men and women experience oppressions that situate them as precarious or disposable through the interactions with the police. These killings and rulings
22 -A) create material injustices
23 -B.) feed the positive feedback loop of blackness = disposable====
24 -**Butler and Yancy 15**. Judith, George. January 12, 2015. What’s Wrong With ‘All Lives Matter’? The New York Times, The Opinion Pages, The Stone. http://opinionator.blogs.nytimes.com/2015/01/12/whats-wrong-with-all-lives-matter/?'r=0. AKB.
25 -George Yancy: In your 2004 book, "Precarious Life: The Powers of Mourning and Violence," you wrote, "The question that preoccupies me in the light of recent global violence is, Who counts as human? Whose lives count as lives?" You wrote that about the post-9/11 world, but it appears to also apply to the racial situation here in the United States. In the wake of the recent killings of unarmed black men and women by police, and the failure to prosecute the killers, the message being sent to black communities is that they don’t matter, that they are "disposable." Posters reading "Black Lives Matter," "Hands Up. Don’t Shoot," "I Can’t Breathe," communicate~~s~~ the reality of a specific kind of racial vulnerability that black people experience on a daily basis. How does all this communicate to black people that their lives don’t matter? Judith Butler: Perhaps we can think about the phrase "black lives matter." What is implied by this statement, a statement that should be obviously true, but apparently is not? If black lives do not matter, then they are not really regarded as lives, since a life is supposed to matter. So what we see is that some lives matter more than others, that some lives matter so much that they need to be protected at all costs, and that other lives matter less, or not at all. And When that becomes the situation, then the lives that do not matter so much, or do not matter at all, can be killed or lost, can be exposed to conditions of destitution, and there is no concern, or even worse, that is regarded as the way it is supposed to be. The callous killing of Tamir Rice and the abandonment of his body on the street is an astonishing example of the police murdering someone considered disposable and fundamentally ungrievable. When we are taking about racism, and anti-black racism in the United States, we have to remember that Under slavery black lives were considered only a fraction of a human life, so the prevailing way of valuing lives assumed that some lives mattered more, were more human, more worthy, more deserving of life and freedom, where freedom meant minimally the freedom to move and thrive without being subjected to coercive force. But when and where did black lives ever really get free of coercive force? One reason the chant "Black Lives Matter" is so important is that it states the obvious but the obvious has not yet been historically realized. So it is a statement of outrage and a demand for equality, for the right to live free of constraint, but also a chant that links the history of slavery, of debt peonage, segregation, and a prison system geared toward the containment, neutralization and degradation of black lives, but also a ~~Now~~ police system~~s~~ that more and more easily and often can take away a black life in a flash all because some officer perceives a threat. So let us think about what this is: the perception of a threat. One man is leaving a store unarmed, but he is perceived as a threat. Another man is in a chokehold and states that he cannot breathe, and the chokehold is not relaxed, and the man dies because he is perceived as a threat. Mike Brown and Eric Garner. We can name them, but in the space of this interview, We cannot name all the black men and women whose lives are snuffed out all because a police officer perceives a threat, sees the threat in the person, sees the person as pure threat. Perceived as a threat even when unarmed or completely physically subdued, or lying in the ground, as Rodney King clearly was, or coming back home from a party on the train and having the audacity to say to a policeman that he was not doing anything wrong and should not be detained: Oscar Grant. We can see the videos and know what is obviously true, but it is also obviously true that police and the juries that support them obviously do not see what is obvious, or do not wish to see. So the police see a threat when there is no gun to see, or someone is subdued and crying out for his life, when they are moving away or cannot move. These figures are perceived as threats even when they do not threaten, when they have no weapon, and the video footage that shows precisely this is taken to be a ratification of the police’s perception. The perception is then ratified as a public perception at which point we not only must insist on the dignity of black lives, but name the racism that has become ratified as public perception. In fact, the point is not just that black lives can be disposed of so easily: they are targeted and hunted by a Police force that is becoming increasingly emboldened to wage its race war by every grand jury decision that ratifies the point of view of state violence. Justifying lethal violence in the name of self-defense is reserved for those who have a publicly recognized self to defend. But those whose lives are not considered to matter, whose lives are perceived as a threat to the life that embodies white privilege can be destroyed in the name of that life. That can only happen when a recurrent and institutionalized form of racism has become a way of seeing, entering into the presentation of visual evidence to justify hateful and unjustified and heartbreaking murder. So it is not just that black lives matter, though that must be said again and again. It is also that stand-your-ground and racist killings are becoming increasingly normalized, which is why intelligent forms of collective outrage have become obligatory.
26 -
27 -====Qualified immunity harms the groups and communities most victimized by police wrongdoing. ====
28 -**Crockford ’15** - Kade Crockford, "Militarization of Police and Racial Justice Gone Wrong: The Eurie Stamps Tragedy", ACLU, Speak Freely, 09/29/2015
29 -Duncan invokes the qualified immunity doctrine, which holds that police officers cannot be sued for conduct that doesn’t clearly violate the law, conduct which at the time appeared reasonable. By that theory, while the actions that preceded the shooting – taking the gun off safety, pointing it at Stamps – were clearly unconstitutional, as soon as Duncan (accidentally) pulled the trigger, he became immune from liability for his conduct. As my colleagues write in a friend-of-the-court brief, the defendant’s argument is dangerous and bizarre. It would, if accepted, produce a legal doctrine that provides incentive for police officers to injure or kill people they have subjected to unconstitutional police practices. It inoculates officers if, but only if, their unreasonable actions cause injury. As applied to the facts of this case, this rule means that an officer who unreasonably aims a firearm at a civilian’s head would incur liability if the civilian is not shot, but not if the firearm discharges and the civilian is killed. Other possibilities abound. For example, if an officer seeks to extract a confession by dangling a suspect over the ledge of a high-rise, the officer will be liable under if he later pulls the suspect back to safety. Yet, under the defendants’ rule, the officer will acquire immunity if his grip should fail and he accidentally – but as a consequence of his prior, intentional, and unreasonable conduct – the suspect to this death. A ruling accepting this argument would be terrible and absurd under any circumstances, but particularly given the climate of militarized policing in the United States today – a burden borne disproportionately by Americans with darker skin. Across the nation, police departments armed with military weapons and flash-bang "grenade" bombs barge into people’s homes in the early morning, simply to serve search warrants or arrest suspects. More often than not, these raids are conducted to look for drugs or someone suspected of selling them. An ACLU survey of departments throughout the nation found that 71 percent of the targets of these militarized raids are people of color. Moreover, as my colleagues argue in their brief, Black and Latino people are subjected to more police stops than whites, even when controlling for crime and other factors. Studies show that "race can influence the probability that the police will erroneously harm an innocent person during an encounter." Other studies "have extensively documented unconscious negative associations about people of color, including an association between Blacks and crime." Americans are more likely to think Black people holding innocuous objects are holding guns, and to erroneously "shoot" those Black people when given the opportunity. Subjected to more dangerous SWAT raids and police stops, and the targets of racist tropes about criminality and Blackness, people with darker skin are much more likely than whites to suffer the repercussions of unconstitutional policing. Therefore, a legal doctrine establishing that officers cannot be held liable for the final, accidental twitch in a string of unconstitutional actions would further endanger individuals and communities already bearing the brunt of disparate, aggressive policing. It’s our hope that the court will clearly rebuke the defense’s dangerous argument, sending an unmistakable message to police officers throughout the northeast: You will be held liable for your mistakes when the likelihood of making them is compounded by prior illegal actions. You cannot turn the safety off your gun and then illegally point it at someone, only to claim that the final act of shooting them was accidental and so absolves your prior conduct.
30 -
31 -====Police brutality is a common experience in communities of color.====
32 -**Coates 2015** - Ta-Nehisi Coates ~~Writer; Journalist; Educator; McArthur Fellow~~, Between the World and Me. New York: Spiegel and Grau (2015). p. 9
33 -I write you in your fifteenth year. I am writing you because this was the year you saw Eric Garner choked to death for selling cigarettes; because you know now that Renisha McBride was shot for seeking help, that John Crawford was shot down for browsing in a department store. And you have seen men in uniform drive by and murder Tamir Rice, a twelve-year-old child whom they were oath-bound to protect. And you have seen men in the same uniforms pummel Marlene Pinnock, someone’s grandmother, on the side of a road. And you know now, if you did not before, that the police departments of your country have been endowed with the authority to destroy your body. It does not matter if the destruction is the result of an unfortunate overreaction. It does not matter if it originates in a misunderstanding. It does not matter if the destruction springs from a foolish policy. Sell cigarettes without the proper authority and your body can be destroyed. Resent the people trying to entrap your body and it can be destroyed. Turn into a dark stairwell and your body can be destroyed. The destroyers will rarely be held accountable. Mostly they will receive pensions. And destruction is merely the superlative form of a dominion whose prerogatives include friskings, detainings, beatings, and humiliations. All of this is common to black people. And all of this is old for black people. No one is held responsible.
34 -
35 -
36 -===Contention 2 is Trauma===
37 -====THE 1AC IS KEY – police violence without accountability creates psychological, racial trauma within the black community ====
38 -**Turner and Richardson 16** ~~Erlanger A. Turner, PhD (Assistant Professor of Psychology, University of Houston-Downtown) and Jasmine Richardson, 7-14-2016, "Racial Trauma is Real: The Impact of Police Shootings on African Americans," Psychology Benefits Society, https://psychologybenefits.org/2016/07/14/racial-trauma-police-shootings-on-african-americans/ ~~
39 -There have been many changes within the criminal justice system as a means to deter crime and to keep citizens safe. However, research demonstrates that often times men of color are treated harshly which leads to negative perceptions of police officers. The recent shootings in Baton Rouge, Falcon Heights, and Dallas have exposed many individuals and their families to incidents of police brutality that reminds us that as a society work needs to be done to improve police and community relations. In light of these recent events, many people have witnessed these traumatic incidents through social media or participation in marches in their cities. The violence witnessed towards people of color from police continues to damage perceptions of law enforcement and further stereotype people of color negatively. In a study published in the American Journal of Public Health (Geller, Fagan, Tyler, and Link, 2014), the authors reported that 85 of the participants reported being stopped at least once in their lifetime and 78 had no history of criminal activity. What is more concerning is that the study also found that those who reported more intrusive police contact experienced increased trauma and anxiety symptoms. Furthermore, those who reported fair treatment during encounters with law enforcement had fewer symptoms of PTSD and anxiety. What is Racial Trauma? In addition to the mental health symptoms of individuals who have encounters with law enforcement, those who witness these events directly or indirectly may also be impacted negatively. In an attempt to capture how racism and discrimination negatively impacts the physical and mental health of people of color, many scholars have coined the term "racial trauma" or race-based traumatic stress. Racial trauma may result from racial harassment, witnessing racial violence, or experiencing institutional racism (Bryant-Davis, and Ocampo, 2006; Comas-Díaz, 2016). The trauma may result in experiencing symptoms of depression, anxiety, low self-esteem, feelings of humiliation, poor concentration, or irritability. .
40 -
41 -====AND – The brutal deaths of black people at the hands of police officers are replayed over and over by major mainstream news outlets and has detrimental psychological impacts on the lives black americans daily. This is especially true when police officers are let of the hook based on qualified immunity ====
42 -**Smith 10** ~~Walter Howard Smith, Jr., Ph.D. February 16, 2010. The Heinz Endowments. African American Men and Boys Advisory Board "The Impact of Racial Trauma on African Americans"~~
43 -Large-scale social events that traumatically impact thousands and millions of persons commonly occur in human life. Hurricanes, earthquakes, social upheavals, genocide, terrorist incidents, and war are dangerous events and require people to recover. Racism and other social biases describe social 4 conditions that of persons. Traumas related to race have three forms. African Americans experience specific events of danger related to race that overwhelm the nervous system and require us to recover. These dangers may be real or perceived discrimination, threats of harm and injury, police incidents, and humiliating and shaming events. The aggressors may be black or white. These events stand out in our memory and have long-term impact on our perception of ourselves and our social environments. As mentioned in the previous discussion, some African Americans are stronger after recovering from these events, and others have long-term declines in their ability to cope with future stresses and threats. A second way African Americans experience danger is witnessing harm and injury to other African Americans because of real or perceived racism. This secondary trauma is widely recognized in the child abuse treatment field and occurs to therapists that repeatedly experience the traumas of abused children. Repeatedly witnessing African Americans suffering on television news is painful, and for some triggers very strong emotion. For example, the Rodney King incident triggered very strong emotional reactions to a publically viewed altercation between police and an African American male. Of course, not every African American watching the incident on television is traumatized but some viewers experienced traumatic responses and needed to recover. A third way African Americans experience danger related to race is living in difficult social conditions because of poverty and race, and traumatic events occur because of these conditions. Segregation by race and social class is common in the United States, and very common in the Pittsburgh region. Living in black and poor neighborhoods increases one’s risk of experiencing traumatic events like community violence, police incidents, and domestic violence, and it increases the risk of experiencing secondary traumas in witnessing these dangers. These communities are socially isolated, monitored vigorously by police, have fewer resources for daily living (food stores, gasoline stations, hardware stores), and have high levels of exposure to drugs and alcohol. During a casual conversation, my cousin’s seventeen year-old son who lives in Homewood counted eleven friends who died from drug overdose or murder. He recounted each one without emotion, citing their names and how they died, recalling their funeral services. His numb, matter-of-fact manner of recounting his experiences was stunning and a clear indicator of trauma..
44 -
45 -====AND – Racial trauma is REAL. The idea of seeing your people constantly murdered with no accountability results in horrible impacts. It is also uniquely problematic since black people in racially segregated populations show poor responses to trauma that result in domestic violence and depression – limiting qualified immunity represents understanding the harms of allowing police officers to kill black people and the psychological effects of them getting away with it in the black community ====
46 -**Smith 2** ~~Walter Howard Smith, Jr., Ph.D. February 16, 2010. The Heinz Endowments. African American Men and Boys Advisory Board "The Impact of Racial Trauma on African Americans"~~
47 -Some persons will function better after recovery, some will return to their previous levels of functioning, and others will function poorly and have lower abilities to cope with future stresses and danger. However, increasing the total number of traumatic events in a person’s life and clustering several traumatic events into a small period will increase the risk of poor recovery. Poor responses to trauma are visible in large numbers of African Americans living in racially segregated neighborhoods. Some signs include: • Increase aggression – Street gangs, domestic violence, defiant behavior, and appearing tough and impenetrable are ways of coping with danger by attempting to control our physical and social environment • Increase vigilance and suspicion – Suspicion of social institutions (schools, agencies, government),avoiding eye contact, only trusting persons within our social and family relationship networks • Increase sensitivity to threat – Defensive postures, avoiding new situations, heightened sensitivity to being disrespected and shamed, and avoid taking risks • Increase psychological and physiological symptoms – Unresolved traumas increase chronic stress and decrease immune system functioning, shift brains to limbic system dominance, increase risks for depression and anxiety disorders, and disrupt child development and quality of emotional attachment in family and social relationships • Increase alcohol and drug usage – Drugs and alcohol are initially useful (real and perceived) in managing the pain and danger of unresolved traumas but become their own disease processes when dependency occurs • Narrowing sense of time – Persons living in a chronic state of danger do not develop a sense of future, do not have long-term goals, and frequently view dying as an expected outcome
48 -
49 -====A limit is key — It also still allows police a limited defense – the 1ac is not saying police are inherently bad but a limitation of their rights can reduce black racial trauma====
50 -**Hassel 09,** ~~Diana, EXCESSIVE REASONABLENESS, Professor, Roger Williams University School of Law, 2009, https://mckinneylaw.iu.edu/ilr/pdf/vol43p117.pdf~~
51 -The Court’s development of the qualified immunity doctrine has stretched the rationale underlying the defense to a breaking point. Instead of providing protection only to those government actors who violate the law unwittingly and reasonably, qualified immunity has metastasized into an almost absolute defense to all but the most outrageous conduct. The values of deterrence of unlawful behavior and compensation for civil rights victims have been overshadowed by the desire to protect government agents, particularly police officers, from almost all claims against them. The balance originally struck by the qualified immunity defense—protection for the innocent wrongdoer versus compensation for the victim—has gone awry. This Article focuses on the most significant feature of the imbalance that now exists in the qualified immunity doctrine: the Court’s insistence on applying the objective reasonableness standard of qualified immunity in conjunction with a duplicative underlying constitutional standard. This problem is most acute in excessive force claims. An apparent duplication of the objective reasonableness standard of the Fourth Amendment in excessive force cases and the same objective reasonableness standard in the qualified immunity doctrine has created a nearly impenetrable defense to excessive force claims. Despite critical scholarly commentary and the Supreme Court’s own attempts to quiet the controversy created by this excessive reasonableness, the problem remains unresolved. Meanwhile, far removed from the debate over doctrinal niceties, the operational problem of how to address the use of unjustified force by police officers persists. The current legal regime has largely failed in its attempt to control excessive police violence. At least in part that failure flows from the 8 difficulty faced by claimants under § 1983 to overcome the insulation from liability that defendants derive from both the Fourth Amendment requirements and the qualified immunity standard. Until the nearly insurmountable barrier to recovery created by excessive reasonableness is somehow relieved, civil actions based on the Fourth Amendment will not effectively deter police violence. Addressing the problem of police violence, providing balance to doctrine overly protective of defendants, and simplifying the procedural morass that qualified immunity has created in excessive force cases requires a radical modification of the doctrine. In excessive force cases, the doctrine should be modified to protect a defendant only when there has been a genuine change in the legal standard governing his actions—not merely an application of established doctrine to a somewhat new set of facts. Currently, qualified immunity prevents liability if the defendant’s actions do not violate clearly established law "of which a reasonable person would have known." Instead, the standard should be 9 that the defendant will be liable unless his actions violate a newly developed legal standard. In the excessive force context, the protection provided by the reasonableness standard of Fourth Amendment, in conjunction with this more limited defense based on a newly developed law, will provide ample protection for the reasonably mistaken officer and will make compensation for the victim possible.
52 -
53 -===Contention 3 is Intersectionality===
54 -====Overpolicing of LGBTQ+ communities creates a lack of trust in the police which decreases trust, and hurts these communities.====
55 -**Mallory**, Christy, Amira Hasenbush, and Brad Sears. ~~Law and policy expert at UCLA school of law, specializing in policies impacts on LGBT people~~ "Discrimination and harassment by law enforcement officers in the LGBT community." The Williams Institute (20**15**).
56 - For decades, the LGBT community has been subjected to entrapment, discrimination, harassment, and violence by law enforcement. Recent research indicates that such mistreatment of LGB people, and especially transgender people, is still ongoing. Tensions between law enforcement and the LGBT community can hinder effective policing in several ways. First, when communities are persistently targeted, profiled and harassed by law enforcement, trust will be lost between the police and the communities they are supposed to protect. For example, a recent study asked gay and bisexual identified men to report how helpful they thought that police would be if called in response to an intimate partner violence incident involving gay or bisexual men. Forty percent of respondents indicated that they believed that contacting the police in such a situation would be unhelpful or very unhelpful, and 59 reported that police would be less helpful to gay or bisexual men experiencing intimate partner violence than to heterosexual women. 120 Second, lack of trust due to fear of discrimination, harassment, and violence likely discourages LGBT citizens from working in cooperation with law enforcement. Community willingness to engage with law enforcement is helpful to effective policing, which may seek to combat crime and improve the criminal justice system by involving the community in crime control strategies.
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1 -2017-04-12 23:21:29.659
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1 -Devan Jajal
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1 -ESD NH
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1 -42
Round
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1 -1
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1 -Warren Okunlola Aff
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1 -6 - Butler Affirmative - 1AC - University of Texas Round 1
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1 -University of Texas
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1 -2017-04-12 23:21:27.0
1 +2017-04-12 23:21:27.356

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