| ... |
... |
@@ -1,0
+1,24 @@ |
|
1 |
+Interpretation- the affirmative must defend a limitation of qualified immunity. To clarify, this entails reducing its scope and creating a new standard for it. |
|
2 |
+ |
|
3 |
+Oxford English Dictionaries defines limit as |
|
4 |
+http://www.oxforddictionaries.com/us/definition/american_english/limit |
|
5 |
+a restriction on ... permissible or possible |
|
6 |
+ |
|
7 |
+A “limit” on qualified immunity must create an objective balancing test. |
|
8 |
+UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT 98 |
|
9 |
+(LORENZO COLSTON, Plaintiff-Appellee, and YOLANDA MICHELLE COLSTON, Individually and as Next Friend of Lauren Colston and Quinton Colston, Minor Children, Intervenors Plaintiff-Appellees, versus BRYAN BARNHART, Texas Department of Public Safety Officer; et al, Defendants, BRYAN BARNHART, Defendant-Appellant. No. 96-40634 UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT 146 F.3d 282; 1998 U.S. App. LEXIS 16178 July 14, 1998, Decided) |
|
10 |
+In this regard the Supreme Court also said: |
|
11 |
+By defining the ... a cause of action. |
|
12 |
+ |
|
13 |
+1. Legal precision- QI rulings always focus on refining the balancing test. Texas Law Review 04. |
|
14 |
+(Texas Law Review February, 2004 82 Tex. L. Rev. 767 LENGTH: 15810 words NOTE: The Paradox of Qualified Immunity: How a Mechanical Application of the Objective Legal Reasonableness Test Can Undermine the Goal of Qualified Immunity*) |
|
15 |
+In a series ... conduct in question. n17 |
|
16 |
+ |
|
17 |
+Legal precision outweighs limits and ground- it’s a prerequisite to effective policy education. Shannon. |
|
18 |
+Shannon 2 – Bradley Shannon, law at University of Idaho, January 2002 (Washington Law Review, 77 Wash. L. Rev. 65, Lexis |
|
19 |
+The second answer ... of the law. |
|
20 |
+ |
|
21 |
+2. Stable advocacy |
|
22 |
+Circumvention means you vote neg on presumption. Courts will circumvent the ruling and with broader protections for officers. Rudovsky |
|
23 |
+Rudovsky, David. THE QUALIFIED IMMUNITY DOCTRINE IN THE SUPREME COURT: JUDICIAL ACTIVISM AND THE RESTRICTION OF CONSTITUTIONAL RIGHTS., Copyright (c) 1989 The Trustees of The University of Pennsylvania University of Pennsylvania Law Review NOVEMBER, 1989 138 U. Pa. L. Rev. 23 |
|
24 |
+The most recent ... limit the defense. |