Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[18]
  • Caselist.CitesClass[17]

Details

Caselist.RoundClass[18]

EntryDate

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1		-2016-11-06 03:20:02.478
	1	+2016-11-06 03:20:02.0

Caselist.CitesClass[17]

Cites

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	1	+=1-off =
	2	+
	3	+
	4	+====Judges usually wouldn't rule on the cases prevented by qualified immunity, since there's no stated compensable claim for relief, but ending qualified immunity would force defendents to go to trial—the aff world sees the same net effect after a protracted legal battle, so it clogs the courts for no reason at all.====
	5	+Putnam and Ferris 92** ~~Charles T. Putnam ~~Senior Assistant Attorney General, New Hampshire~~ and Charles T. Ferris ~~JD, Franklin Pierce Law Center~~, "Defending a Maligned Defense: The Policy Bases of the Qual- ified Immunity Defense in Actions Under 42 USC 1983," Bridgeport Law Review, Vol. 12, 1992~~**
	6	+**National resources are obviously scarce, yet **increasing numbers of section 1983 actions are being
	7	+AND
	8	+, so they're on the hook for legal fees with no hope of compensation
	9	+
	10	+
	11	+====Limiting QI clogs the courts – empirically confirmed – best study., Noll 8'====
	12	+Noll, David L. "Qualified Immunity in Limbo: Rights, Procedure, and the Social Costs of Damages Litigation Against Public Officials." NYUL Rev. 83 (2008): 911
	13	+In the context of ordinary civil litigation between two private parties, the total (
	14	+AND
	15	+and has undoubtedly affected the development of the modern qualified immunity doctrine.53
	16	+
	17	+
	18	+=All of these impacts are supercharged by the fact that police don't pay legal fees, are unaware of complains and potential liability doesn't alter actions. =
	19	+De Stefan 16 ~~Lindsey de Stefan, ~~JD Candidate, Seton Hall University School of Law~~, "No Man is Above the Law and No Man is Below It: How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct," Seton Hall Law Student Scholarship, July 26, 2016 (2017 Academic Year)~~
	20	+The Court specifically fears that financial liability, in the form of paying compensatory damages to victims whose constitutional rights an officer has violated, will be a vehicle of overdeterrence.97 But the widespread practice of indemnification means that individual officers are almost never financially responsible for civil judgments against them, practically eliminating any fiscal motivation for avoiding harmful conduct.98 In fact, in many instances, even the police department that employs the officer suffers no direct financial consequences because police litigation costs and damages awards are often paid from a city or insurer's general budget.99 The police department is not financially penalized, and thus has no incentive to discipline the officer or attempt to prevent him from repeating the unconstitutional behavior in the future. And because law enforcement officials are often unaware of the allegations set forth in lawsuits filed against them or their employees, officers' conduct often goes uninvestigated and undisciplined, and allegations of unconstitutional conduct do not affect performance reviews or opportunities for promotion. 100 Finally, although many law enforcement officers claim that the threat of incurring liability deters them from misconduct, studies contrarily indicate that potential liability does not actually alter most officers' on-the-job actions.101
	21	+
	22	+
	23	+====This means the aff needlessly clogs the courts without accessing the net beenfits of the aff. Court clog undermines just enforcement of laws—turns the case by encouraging subjective application ====
	24	+Bannon 13 **~~Alicia Bannon (serves as counsel for the Brennan Center's Democracy Program, where her work focuses on judicial selection and promoting fair and impartial courts. Ms. Bannon also previously served as a Liman Fellow and Counsel in the Brennan Center's Justice Program. J.D. from Yale Law School in 2007, where she was a Comments Editor of the Yale Law Journal). "Testimony: More Judges Needed in Federal Courts." Brennan Center for Justice at NYU School of Law. September 10, 2013~~**
	25	+The growing workload in district courts around the country negatively impacts judges' ability to effectively
	26	+AND
	27	+excluded by federal housing laws, employers seeking recompensation from abusive corporations etc.
	28	+
	29	+
	30	+=2-off =
	31	+
	32	+
	33	+====CP Text: The United States Federal Government should mandate that all police officers wear body cameras. Status is ________. ====
	34	+
	35	+
	36	+====CP solves material impacts of case—empirics prove body cameras massively reduce violence. ====
	37	+**Feige 15** ~~David Feige, television writer and the author of Indefensible and spent 15 years as a public defender "Brutal Reality: When police wear body cameras, citizens are much safer," Slate, April 10, 2015, http://www.slate.com/articles/news_and_politics/jurisprudence/2015/04/police_body_cameras_cops_commit_less_violence_and_complaints_are_real.html~~ JW
	38	+The difficulty in indicting and convicting police officers illuminates an uncomfortable truth of the criminal
	39	+AND
	40	+citizens are dismissed in favor of the self-justification of the police.
	41	+
	42	+
	43	+=3-off =
	44	+If the resolution is permissible but not obligatory, you negate because ought implies a moral obligation, and obligations are disproven when the action is simply permissible because if not taking the action is also permissible, the action itself can't be obligatory. Substantive reasons for presumption come first because any little bit of offense on the flow means I'm a little bit ahead
	45	+
	46	+
	47	+====Next, the moral judgment of any action requires an assessment of capacity—agents can only be deemed culpable for failing to do something they could have done otherwise .====
	48	+Streumer **~~Bart. Reasons and Impossibility, 2004~~**
	49	+**The argument from tables and chairs. **There cannot be a reason for a table or** a **chair to perform an action, because it is impossible** for a table or a chair to perform an action. **When it is impossible for a person to perform an action, this person is in the same** **position with regard to this action that a table or a chair is in with regard to all actions.** Therefore, just as there cannot be a reason for a table or a chair to perform an action, there cannot be a reason for this person to perform this action. And therefore, (R) is true.**
	50	+Thus the standard is consistency with individual capabilities. To clarify, you can only
	51	+AND
	52	+immunity would make officers liable for actions they are not morally culpable for.
	53	+
	54	+
	55	+====A. Officer conduct in high-stress situations is instinctive, not based on free will- empirics prove====
	56	+Ross 13 **~~Assessing Lethal Force Liability Decisions and Human Factors Research Darrell L. Ross, PhD, Professor and Department Head, Department of Sociology, Anthropology, and Criminal Justice, and Director of The Center of Applied Social Sciences, Valdosta State University~~**
	57	+**It is well-known that **physiological stress can impact perception** (Janis and Mann**
	58	+**AND**
	59	+, the officer couldn't have known, so he shouldn't be personally liable.
	60	+
	61	+
	62	+====C. Bad decisions result from inadequate training—departments, not officers, are at fault.====
	63	+Holland 15 **~~Joshua Holland, Are We Training Cops to be Hyper-Aggressive Warriors, 2015~~**
	64	+**What got less attention is that less than two weeks before the shooting, the **
	65	+AND
	66	+for using violence, and very little guidance on how to avoid it**.**
	67	+
	68	+
	69	+=Case =
	70	+
	71	+
	72	+=1. Terminal defense on solvency- police don't pay legal fees, are unaware of complains and potential liability doesn't alter actions. =
	73	+De Stefan 16 ~~Lindsey de Stefan, ~~JD Candidate, Seton Hall University School of Law~~, "No Man is Above the Law and No Man is Below It: How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct," Seton Hall Law Student Scholarship, July 26, 2016 (2017 Academic Year)~~
	74	+The Court specifically fears that financial liability, in the form of paying compensatory damages to victims whose constitutional rights an officer has violated, will be a vehicle of overdeterrence.97 But the widespread practice of indemnification means that individual officers are almost never financially responsible for civil judgments against them, practically eliminating any fiscal motivation for avoiding harmful conduct.98 In fact, in many instances, even the police department that employs the officer suffers no direct financial consequences because police litigation costs and damages awards are often paid from a city or insurer's general budget.99 The police department is not financially penalized, and thus has no incentive to discipline the officer or attempt to prevent him from repeating the unconstitutional behavior in the future. And because law enforcement officials are often unaware of the allegations set forth in lawsuits filed against them or their employees, officers' conduct often goes uninvestigated and undisciplined, and allegations of unconstitutional conduct do not affect performance reviews or opportunities for promotion. 100 Finally, although many law enforcement officers claim that the threat of incurring liability deters them from misconduct, studies contrarily indicate that potential liability does not actually alter most officers' on-the-job actions.101
	75	+
	76	+
	77	+=2. Terminal Defense- The Supreme Court will limit constitutional rights to compensate for removing Qualified Immunity=
	78	+Fallon 11** **~~Richard H. Fallon, Jr., (The Ralph S. Tyler, Jr. Professor of Law, Harvard Law School). "Asking the Right Questions About Officer Immunity." 80 Fordham L. Rev. 479 (2011). http://ir.lawnet.fordham.edu/flr/vol80/iss2/3~~
	79	+As another possible response to a world without official immunity, the Supreme Court might diminish the scope of at least some substantive constitutional rights. Indeed, I think I can identify cases in which the Court has already trimmed the scope of constitutional rights for the purpose of stemming what it has regarded as an undue flood of suits for damages into federal court. Express- ing concerns that the Due Process Clause should not become a font of tort law, the Court held in Paul v. Davis that a plaintiff whose name and photograph had been included in a police flyer identifying active shoplifters had not alleged an actionable due process violation because mere harm to reputation does not count as a deprivation of constitutionally protected "liberty."49 Paul's ~~the~~ narrow interpretation of the due process right, which found little support in prior decisions,50 was almost certainly "motivated by concerns about the section 1983 remedy" and the social costs of "the wholesale federalization of tort claims against state and local government officials and the corresponding prospect of massive damages liability."51 The Court further narrowed its interpretation of constitutionally protected due process rights, apparently in response to the same concern, in Parratt v. Taylor,52 which held that random and unauthorized deprivations of liberty and property do not violate the Due Process Clause unless and until a state has failed to provide post-deprivation corrective process.53 46. See Fallon and Meltzer, supra note 10, at 1779–87. Again voicing concerns about the social costs of permitting § 1983 and the Due Process Clause to be- come fonts of tort law, the Court pared back the scope of previously recognized due process rights once more in Daniels v. Williams,54 which held that merely negligent deprivations of liberty and property do not violate the Fourteenth Amendment.55 With the Court having shrunk the scope of the due process guarantee in Paul, Parratt, and Daniels, it is easy to imagine the Justices simi- larly circumscribing other rights if, in the absence of official immunity, they regarded the social costs of damages actions as too high. For example, the Court could plausibly respond to a flood of suits seeking damages for unreasonable searches and seizures by holding that if any reasonable person could think a search reasonable, it is not unreasonable.56
	80	+3. **Litigation is high now- limiting qualified immunity explodes the amount of cases, chilling police officers and increasing crime. **
	81	+Rosen 05, Michael, Attorney in San Diego, JD Harvard Law, A Qualified Defense: In Support of the Doctrine of Qualified Immunity in Excessive Force Cases, With Some Suggestions for its Improvement, http://digitalcommons.law.ggu.edu/cgi/viewcontent.cgi?article=1899andcontext=ggulrev
	82	+This effect dovetails with a growing tendency toward "depolicing" that has become prevalent in several of America's urban cores.60 According to many officers, recent years have seen an increase in lawsuits and informal complaints brought against law enforcement, a correlate tendency in departments to steer officers away from necessarily risky conduct in do-or-die situations, and a concomitant decline in officer morale. 61 In 1981 in the State of California,"2 residents placed 8,686 complaints against peace officers, of which 1,552 or 18 were ultimately sustained.63 In 2000, Californians recorded 23,395 complaints, of which 2,395 or 10 were sustained. 64 This ballooning of claims - in particular unsuccessful ones65 - is as troubling as it is dramatic. The Oakland, California, Citizens Police Review Board ("CPRB") embodies this deterrent effect.66 This board provides an independent forum in which aggrieved citizens can register their complaints about police conduct. 67 At the same time, Detective Jesse H. Grant, who has had personal experience appearing before the CPRB, notes that complaints, more than 80 of which were not sustained in 2002, impose a serious deterrent effect on police conduct. 68 Officers now more than ever think twice and act conservatively - although not necessarily safely - when engaged in violent altercations with or apprehensions of dangerous suspects. 69 Ironically, the presence of entities like the CPRB undermines the justification for excessive force lawsuits to begin with: by providing an avenue for voicing grievances over police conduct, such boards obviate some of the need for civil actions. Moreover, they reflect the deterrent effect that wide-open public access to disciplinary bodies can breed. Thus, there exist significant reasons for the courts to grant some kind of immunity to law enforcement officials in order to ensure the continued quality of their work. By increasing the threat of litigation, frivolous lawsuits can serve to deter officers' reasonable conduct, thus imperiling public safety and upending the delicate balance society seeks between forcefully fighting crime and respectfully treating all citizens.
	83	+DOJ studies prove that chilling the police causes a huge increase in homicides and crime
	84	+Felton 16 Et Al, Ryan, Lois Beckett, Jamiles Lartey, 'Ferguson Effect' is a plausible reason for spike in violent US crime, study says, 2016, https://www.theguardian.com/us-news/2016/jun/15/ferguson-effect-homicide-rates-us-crime-study
	85	+A new justice department-funded study concludes that a version of the so-called "Ferguson Effect" is a "plausible" explanation for the spike in violent crime seen in most of the country's largest cities in 2015, but cautions that more research is still needed. The study, released by the National Institute of Justice on Wednesday, suggests three possible drivers for the more than 16 spike in homicide from 2014 to 2015 in 56 of the nation's largest cities. But based on the timing of the increase, University of Missouri St Louis criminologist Richard Rosenfeld concluded, there is "stronger support" for some version of the Ferguson Effect hypothesis than its alternatives. "The other explanations have a difficult time … explaining the timing and magnitude of the increase we saw in 2015 and continue to see in some cities in the current year," Rosenfeld said.The new research cuts against months of statements from Obama administration officials denying that there is any evidence for a Ferguson Effect, a suggested link between protests over police killings of black Americans and an increase in crime and murder. "While certainly there might be anecdotal evidence there, as all have noted, there's no data to support it," attorney general Loretta Lynchsaid in November. In early May, the White House press secretary, Josh Earnest, said: "There's not evidence at this point to link that surge in violent crime to the so-called viral video effect, or the Ferguson effect. There's just no evidence to substantiate that." He added: "If there's evidence that materializes to substantiate that claim, then we should figure out something to do about it." Early findings from Rosenfeld's study were first reported by the Guardian in early May. Rosenfeld, whose research on homicide trends in St Louis were used to debunk the Ferguson Effect last year, said that his "views have been altered" after doing a broader national analysis. In interviews with the Guardian, Rosenfeld cautioned that the version of the Ferguson Effect he finds plausible is very different from the one that some leading conservatives have described. The "dominant interpretation" of the Ferguson Effect, he wrote, is that criticism of the police after the killings of unarmed black citizens causes the police "to disengage from vigorous enforcement actions".
	86	+This outweighs
	87	+Scope- Police violence is awful, but we have to ask ourselves if we are willing to have tens of thousands of people killed in homicides, and millions more victim to serious crimes in order to save a hundred from police violence. The answer is obviously no.
	88	+Root Cause- The reason why the police use excessive force is because they believe that crime is rampant and that their life is in danger.

EntryDate

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	1	+2016-11-06 03:20:05.159

Judge

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	1	+Michael OKrent

Opponent

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	1	+Harker AC

ParentRound

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	1	+18

Round

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	1	+1

Team

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	1	+West Ranch Won Neg

Title

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	1	+NOVDEC - Damus R1 NC

Tournament

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	1	+Damus