Tournament: NLR HS | Round: 1 | Opponent: Greewood | Judge: idk

Framework

I stand in firm affirmation of the following resolution

Resolved: The United States ought to limit qualified immunity for police officers

Ought is defined by Merriam Webster dictionary as a moral obligation

Qualified Immunity, according to Cornell University of Law is a system that

"Qualified immunity balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably." Pearson v. Callahan (07-751). Specifically, it protects government officials from lawsuits alleging that they violated plaintiffs' rights, only allowing suits where officials violated a "clearly established" statutory or constitutional right. When determining whether or not a right was "clearly established," courts consider whether a hypothetical reasonable official would have known that the defendant's conduct violated the plaintiff's rights. Courts conducting this analysis apply the law that was in force at the time of the alleged violation, not the law in effect when the court considers the case.

The value is feminism

(Singh No Date) Ivy Singh, teaches Christian Theology at Serampore College. Serampore. "Feminism: Various Approaches and Its Values" http://biblicalstudies.org.uk/pdf/ijt/37-1_058.pdf
Feminism is an awareness of women's oppression and exploitation at work, within the family
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, it is the problem of the whole humanity and of the nature;

The standard is the affirmation of feminist jurisprudence - the insertion of the feminist perspective into the law is crucial for addressing societal discrimination and harms

 (Juergens 91) Ann Juergens - A.B., 1973, Harvard University J.D., 1976, University of Minnesota Law School Mitchell Hamline School of Law: professor of law, 2015-; co-director of clinical program, 2015-. William Mitchell College of Law: professor of law, 1994-2015; associate professor of law, 1992-1994; co-director of clinical program, 1989-2015; assistant professor of law, 1989-1992; clinic instructor, 1984-1989. Juergens, Ann, "Feminist Jurisprudence: Why Law Must Consider Women's Perspectives" (1991). Faculty Scholarship. Paper 111. http://open.mitchellhamline.edu/facsch/111
A growing number of scholars-and people in general-are asking how the
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judges, legislators all of us-should get ready for the changesJ.

Rejection of the AFF is anti-feminism – to be complicit with the violence against women is to commit the same degree of violence

Dworkin 83 Andrea Rita Dworkin (September 26, 1946 – April 9, 2005) was an American radical feminist and writer best known for her criticism of pornography, which she argued was linked to rape and other forms of violence against women. Although a radical, she said there was a need for liberals, but was widely criticized by liberal feminists. At the same time, she maintained a dialogue with political conservatives and wrote a topically-related book, Right-Wing Women. After suffering abuse from her first husband, she was introduced to radical feminist literature and began writing Woman Hating. Coming to New York, she became an activist on several issues and a writer, eventually publishing 10 books on feminism. During the late 1970s and 1980s, Dworkin became known as a spokeswoman for the feminist anti-pornography movement and for her writing on pornography and sexuality, particularly Pornography: Men Possessing Women (1981) and Intercourse (1987), which remain her two most widely known books. She wrote on pornography from a feminist perspective and in opposition to obscenity law, and she worked with Women Against Pornography and Linda Boreman. She considered the pornography industry to be based on turning women into objects for abuse by men. Dworkin and Catharine MacKinnon developed a legislative approach based on civil rights rather than obscenity to outlaw pornography and allow lawsuits against pornographers for damages, but their efforts were largely unsuccessful. She testified at a federal commission against pornography, leading some stores to withdraw certain magazines from sale, but a court ruled the government's efforts unconstitutional. Critics argued that no causal relationship between pornography and harm to women had been found. A Canadian court adapted parts of Dworkin and MacKinnon's theory on sex equality, although Dworkin opposed parts of the court's view. Some sex-positive feminists criticized Dworkin's views as censorious and as denying women's agency or choice in sexual relationships, leading to the so-called feminist sex wars.
Feminism is a much-hated political philosophy. This is true all along the
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in any style, is both, means both, and promotes both.

Gendered Violence

And women's experiences of violence in the status quo are minimized by the current justice system
 (Fitz-gibbon and Maher 15) Dr. Kate Fitz-Gibbon is a Senior Lecturer in Criminology and a Honorary Research Fellow in the School of Law and Social Justice at University of Liverpool. JaneMaree has degrees in Law and Arts (Hons) (University of Melbourne 1991) and gained her PhD in 1999 (La Trobe University).  Feminist Legal Studies23.3 (Nov 2015): 253-271.
The discursive frameworks that enabled such narratives to occur are unfortunately not unfamiliar: women's experiences of violence have long been 'othered', minimised and misunderstood by the criminal justice system (Douglas 2008; FitzGibbon and Pickering 2012; Hudson 2006; Walkate 2008). Male violence remains intelligible within the operation of law. As a consequence, male intimate partner violence is too often rationalised in our courts on the basis of outdated notions of ownership and violated masculine pride. Women's efforts to confront violence or defend themselves are frequently used to redistribute blame and make the violence equivalent; an outcome in this case as Jade Bownds' behaviour was scrutinised and found 'wanting'. This narrative provided a clear example of the punishing operation of the ''liberal dichotomy of ~women as~… autonomous agents or … vulnerable victims'' (Hunter 2012b, 217). Jade Bownds' efforts at self-defence or potentially even at fighting back meant that she was unable to comfortably occupy the position of idealised victim within the legal narrative. This uncomfortable fit was maintained despite the fact that she was deceased at the hands of Luke Middendorp and that he was completely uninjured in the fatal incident. This representation of the event, and the culpabilities of those involved, also resonates with one of Butler's (2007, xii) observations about the existing ''ways of distributing vulnerability ~and the~ differential forms of allocation'' that create and enforce injustice and other forms of violence and erasure.

And qualified immunity is a perfect example of a gender-neutral equality policy – the law permits an ignorance of the discrimination of women in domestic violence situations

Harper 90 Laura S. Harper, managing editor of Cornell Law Review (at time of publish) Battered Women Suing Police for Failure to Intervene: Viable Legal Avenues After Deshaney v. Winnibago County Department of Social Services , 75 Cornell L. Rev. 1392 (1990) Available at: http://scholarship.law.cornell.edu/clr/vol75/iss6/4
Should a battered woman plaintiff proffer sufficient evidence of an equal protection or due process
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hurdle for battered women seeking redress for the deprivation of their constitutional rights.

And qualified immunity tips the balance of power against battered women – gender neutral standards create an overwhelming burden against women involved in domestic violence incidents

Harper 90 Laura S. Harper, managing editor of Cornell Law Review (at time of publish) Battered Women Suing Police for Failure to Intervene: Viable Legal Avenues After Deshaney v. Winnibago County Department of Social Services , 75 Cornell L. Rev. 1392 (1990) Available at: http://scholarship.law.cornell.edu/clr/vol75/iss6/4
In domestic violence cases prior to DeShaney, battered women tended to be more successful
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a result of persistent unequal protection by police policies or inadequate police training.

And qualified immunity is up

(Blum, Chemerinsky and Schwartz 14) Karen Blum Suffolk University Law School Professor and Associate Dean, Erwin Chemerinsky University of California, Irvine School of Law Dean and Distinguished Professor of Law, Martin A. Schwartz Touro College – Jacob D. Fuchsberg Law Center Professor of Law. Touro Law Center Legal Studies Research Paper Series No. 14-32 ~and~ Suffolk University Law School Research Paper No. 14-26 Qualified Immunity Developments: Not Much Hope Left for Plaintiffs 29 Touro L. Rev. 633 (2013)
Looking through any lens, it is difficult to avoid the conclusion that the Roberts
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of the law, as murky as it may be, is essential.

Domestic assault can happen to anyone, but women are disproportionately affected

National Coalition Against Domestic Violencen 11, http://ncadv.org/learn-more/statistics
Every 9 seconds in the US a woman is assaulted or beaten. • In
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partners. This amounts to 22 of workplace homicides among women.xvi

Thus we advocate for the United States to limit qualified immunity for police officers in cases of intimate partner violence

Solvency

Donning the robes of the feminist judge allows us to realize the heteronormative violence perpetuated by a male-dominated, patriarchial system- the role of the feminist is to be the judge

(Fitz-gibbon and Maher 15) Dr. Kate Fitz-Gibbon is a Senior Lecturer in Criminology and a Honorary Research Fellow in the School of Law and Social Justice at University of Liverpool. JaneMaree has degrees in Law and Arts (Hons) (University of Melbourne 1991) and gained her PhD in 1999 (La Trobe University).  Feminist Legal Studies23.3 (Nov 2015): 253-271.
Our objective in rewriting Middendorp was to embed feminist legal analyses of gendered violence against
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) producing male privilege in the courts on both sides of the bench.

Limiting qualified immunity as an act of feminist legal scholarhip breaks the chain of citations which functions to reinscribe power while creating the illusion of law and mobilizing the fantasy of power- vote aff to break the cycle of violence

(Fitz-gibbon and Maher 15) Dr. Kate Fitz-Gibbon is a Senior Lecturer in Criminology and a Honorary Research Fellow in the School of Law and Social Justice at University of Liverpool. JaneMaree has degrees in Law and Arts (Hons) (University of Melbourne 1991) and gained her PhD in 1999 (La Trobe University).  Feminist Legal Studies23.3 (Nov 2015): 253-271.
In Bodies that Matter (1993), Butler argues that the law operates using a
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possibility of change in the law and productive collaborations within and across judgments.