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+====Qualified immunity is just one part of the broader police state – we must get to the root of the problem – the aff is a resistance strategy in the face of overwhelming militarism. Whitehead 9-11==== |
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+John W. Whitehead ~~Constitutional Attorney and Author Is Founder And President Of The Rutherford Institute.~~, 9-11-2016, "The Tyranny of 9/11: The Building Blocks of the American Police State from A-Z," OffGuardian, https://off-guardian.org/2016/09/11/the-tyranny-of-911-the-building-blocks-of-the-american-police-state-from-a-z/ |
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+We've walked a strange and harrowing road since September 11, 2001, littered with |
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+AND |
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+: city and county attorneys, police commissioners, city councils and judges. |
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+ |
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+ |
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+===Police State=== |
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+ |
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+ |
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+====THE STATE HAS BECOME THE CORPORATE STATE – WE'RE AT A BREAKING POINT. The military police becomes a tool by the privileged elite who control the state. These forces are celebrated as they near their goal of exterminating the other – violence is used at every ethical thought. Politics is nothing more than an extension of the punishing state —- The state has forced pedagogical spaces into a mechanical method of skill building – this space needs to fully commit to being an educational space in which students can develop into critical advocates for social change —- Thus the role of the judge is to "vote for the debater who best methodologically fights back against the militarized state"==== |
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+**Giroux 15** - (Henry ~~A high-school social studies teacher, positions @ Boston University, Miami University, and Penn State University. Global TV Network Chair in English and Cultural Studies at McMaster University. He has published more than 50 books and more than 300 academic articles, and is published widely throughout education and cultural studies literature"The curse of totalitarianism and the challenge of critical pedagogy"~~ http://philosophersforchange.org/2015/10/13/the-curse-of-totalitarianism-and-the-challenge-of-critical-pedagogy/) |
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+The forces of free-market fundamentalism are on the march ushering in a terrifying |
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+AND |
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+critical pedagogy illuminates the relationships among knowledge, authority and power.~~11~~ |
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+ |
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+ |
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+====The neolib state has uses militarized state as political control, it creates a ruse that violence is necessary for politics, it's created a war on terror that manifests itself locally – a tool to dominate==== |
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+**Giroux 15** - (Henry ~~A high-school social studies teacher, positions @ Boston University, Miami University, and Penn State University. Global TV Network Chair in English and Cultural Studies at McMaster University. He has published more than 50 books and more than 300 academic articles, and is published widely throughout education and cultural studies literature "Henry Giroux on Hysterical Authoritarianism: Terrorism, Violence and the Culture of Madness"~~ http://www.tikkun.org/nextgen/henry-girous-on-hysterical-authoritarianism-terrorism-violence-and-the-culture-of-madness) |
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+George Orwell's nightmarish vision of a totalitarian society casts a dark shadow over the United |
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+AND |
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+a central measure of power, national identity, and patriotism.~~14~~ |
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+ |
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+ |
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+====Plan text==== |
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+ |
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+ |
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+====: Congress will eliminate the clearly established clause from current qualified immunity law. ==== |
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+ |
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+ |
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+====The plan solves police misconduct – ends judicial confusion. Wright 15==== |
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+Sam Wright, 11-3-2015, "Want to Fight Police Misconduct? Reform Qualified Immunity," Above the Law, http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/ |
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+Instead, police officers have recourse to the broad protections of the judicially established doctrine |
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+AND |
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+show that that conduct's illegality has already been clearly established in the courts? |
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+ |
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+ |
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+===Police State Solvency=== |
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+ |
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+ |
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+====Rights are under assault and the citizenry DOESN'T CARE. Qualified immunity is complicit in this exact system – it allows police to act with impunity and perpetuate the police state. ==== |
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+ |
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+ |
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+====Qualified immunity is key – it is the primary tool of a judicial system which allows police to act with impunity. Pattis 10==== |
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+Norman Pattis ~~lawyer focused on high stakes criminal cases and civil right violations. He is a veteran of more than 100 jury trials~~, 2010, "Norman Pattis Blog," http://www.pattisblog.com/index.php?article=Qualified_Immunity_And_The_Police_State_2675 |
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+I get many calls each week from people who believe they have been abused by |
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+AND |
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+accomplices in a police state; most of them don't even realize it. |
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+ |
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+ |
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+====Qualified immunity has been expanding and allowing police violence on the grounds it was "reasonable". Avery 15==== |
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+Michael Avery, 3-6-2015, "Do the Americans With Disabilities and Civil Rights Acts Apply to Police Operations?," Truthout, http://www.truth-out.org/news/item/29342-do-the-ada-and-civil-rights-act-apply |
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+They have often said that qualified immunity protects all but "plainly incompetent" police |
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+AND |
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+victim of mental illness, we may see fewer shootings in the future. |
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+ |
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+ |
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+===Solvency=== |
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+ |
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+ |
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+====The plan happens now and it is key to creating reforms. De Stefan 17==== |
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+Lindsey de Stefan ~~J.D. Candidate, 2017, 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" (2017). Law School Student Scholarship. Paper 850. http://scholarship.shu.edu/student_scholarship/850 |
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+Altering the qualified immunity doctrine is an excellent way to begin the path to restoring |
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+AND |
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+of the stringent immunity afforded to police officers could take effect relatively quickly. |
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+ |
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+ |
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+====Qualified immunity prevents police accountability and kills broader department reform. Bernick 15. ==== |
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+Evan Bernick (Assistant Director of the Center for Judicial Engagement at the Institute for Justice). "To Hold Police Accountable, Don't Give Them Immunity." Foundation for Economic Education. 6 May 2015. https://fee.org/articles/to-hold-police-accountable-dont-give-them-immunity/ |
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+The sad fact is that it is often effectively impossible to hold police officers accountable |
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+AND |
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+granted, discovery stops, and there is no trial on the merits. |
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+ |
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+ |
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+====Legal action is key now and the aff is a step in the right direction – it allows People of Color survival in the racist status quo while holding the racist actors accountable. Reinhardt 15==== |
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+Stephen R. Reinhardt ~~Circuit Judge, United States Court of Appeals for the Ninth Circuit~~, "The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences", 113 Mich. L. Rev. 1219 (2015). Available at: http://repository.law.umich.edu/mlr/vol113/iss7/3 |
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+This is an especially unfortunate time to be limiting the opportunities of those who have |
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+AND |
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+of the moral, economic, and scientific forces that shape our destiny. |
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+ |
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+ |
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+====There is no root cause of police violence and the aff is the right starting point. De Stefan 17. ==== |
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+Lindsey de Stefan ~~J.D. Candidate, 2017, 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" (2017). Law School Student Scholarship. Paper 850. http://scholarship.shu.edu/student_scholarship/850 |
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+Irrespective of whether there has been an increase in the incidence of brutality or whether |
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+AND |
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+liability enjoyed by law enforcement officers alleged to have violated individual constitutional rights. |