Tournament: Lincoln Southwest | Round: 1 | Opponent: Norfolk BN | Judge: Colten White
You can contact me anytime if you have any questions on the stuff I run, or if you just wanna talk about debate stuff and run over some ideas that I could help you with.
Contact: jss229438@gmail.com /Add me on Facebook
Pronouns: they/her

Please do not spread when you go against me. I find it funny how people always ask the judge if speed was okay, and totally neglect the other team. Spreading is not okay because it totally excludes people with (dis)abilites, even though I don't have any (dis)abilites that does not allow me to process information at incredibly quick paces, I do not understand anything when people spread and freak out during the rounds, which just results in a shit debate. I love debate because I view debators from other teams as my friends. I don't place lots of emphasis on the ballot rather on my bonds that I make with my fellow LD debators so I do try to make my rounds as inclusive as possible and I wish for you to do the same for other debators.
Jesse

Tournament: Lincoln Southwest | Round: 1 | Opponent: Norfolk BN | Judge: Colten White

Definitions

Value: Government Legitimacy, as achieved when the government protects the rights of citizens.
Criterion: Increasing Accountability 

Contention One: Qualified Immunity is excused ignorance for public officials.

Armacost 98 { Barbara, Professor of Law at University of Virginia Qualified Immunity: Ignorance Excused, http://www.law.virginia.edu/pdf/faculty/hein/armacost/51vand_l_rev583_1998.pdf, pg 2}
In this Article, Professor Armacost uses fair notice in criminal law as a paradigm for analyzing the role of not
...AND...
 attach. In such cases, qualified immunity's notice inquiry-whether the law was clear-acts as a proxy for fault. 

Contention Two: Qualified Immunity has been an ignorant excuse in many instances, and we can see this in the case of Leija and Sheenah.

A) QI was claimed wrongly in the case of Mullenix V Leijha.
 Liptak 15 { Adam, covers the United States Supreme Court and writes "Sidebar," a column on legal developments.
...AND...
/www.nytimes.com/2015/11/10/us/politics/supreme-court-sides-with-police-officer-who-shot-man-in-car-chase.html  }

B ) The supreme court ruled in favor of the policemen who shoot Teresea Sheehan, a woman with (dis)abilities.

Liptak 15 { ,Adam,  covers the United States Supreme Court and writes "Sidebar," a column on legal developments. A graduate of Yale Law School, he practiced law  "Supreme Court Sides With Police in a Shooting, and Against a State on Taxes," New York Times, http://www.nytimes.com/2015/05/19/us/supreme-courts-rules-on-a-police-shooting-state-taxes-and-prisoners-lawsuits.html?_r=1®ister=facebook }
The court sided with two San Francisco police officers who in 2008 shot Teresa Sheehan, a mentally ill woman, wh
...AND...
San Francisco’s shift in its legal position as the case proceeded had made it impossible to address the question.

Contention 3: Reduction of Qualified Immunity will allow for further elaboration of constitutional rights and clearly establish more laws.

Overall the defense of qualified immunity freezes constitutional elaboration

Matz et al 2011 {Joshua Matz graduated magna cum laude from Harvard Law School in 2012. He was a law clerk to Judge J. Paul Oetken of the Southern District of New York., “Avoiding Permanent Limbo: Qualified Immunity and the Elaboration of Constitutional Rights from
Saucier to Camreta (and Beyond)” Pg 672-673}

AND By reducing qualified immunity, we see an increase of constitutional elaboration.

Beermann 2009 {Jack Michael  , Professor of law at boston university,QUALIFIED IMMUNITY AND CONSTITUTIONAL AVOIDANCE, Pg 34}
The Supreme Court’s elimination of the subjective element of the qualified immunity defense in constitutional to
...AND...
no longer required to reach the constitutional merits whenever the defendant raises a qualified immunity defense.

Tournament: Millard West | Round: 2 | Opponent: West Des Moines Valley | Judge: Segriest
The standard today will be resisting able-normativity. We do this providing eachother with education that opposes mainstream able-normativity. Therefore the debate will be about whoever gives the best methodology for resisting ableist oppression.
HARRIS 85 {Merrill, Feminist Teacher, Making Our Students Aware of Ableism pp. 8-10 }
We can begin to ...perpetuate this oppression.

Contention 1: Sheehan and Duffie
The supreme court ruled in favor of granting the police qualified immunity, who shot Teresa Sheenah, a japanese women with (dis)abilites. The courts left the question whether ADA applied to police arresting people with (dis)abilites, unquestioned and that opens up for mass police brutality upon people with (dis)abilites and letting the police get away with it by simply claiming Qualified Immunity.
Liptak 15 { ,Adam,  covers the United States Supreme Court and writes "Sidebar," a column on legal developments. A graduate of Yale Law School, he practiced law  "Supreme Court Sides With Police in a Shooting, and Against a State on Taxes," New York Times, http://www.nytimes.com/2015/05/19/us/supreme-courts-rules-on-a-police-shooting-state-taxes-and-prisoners-lawsuits.html?_r=1®ister=facebook }
The court sided with two ... address the question.

Mr.s Davis is a women with mental (dis)abilites, she was driving with a suspended license due to lack of insurance. And the police analysed her license place (with the handicapped sigma right next to it) and found her status of the license. They wrongly used excessive force to pull her over, literally dragging her body out of her car and causing her to have a panic attack. Even though the 10 circuit courts, affirmed Davis claims they allowed some of the officers qualified immunity still. IF ADA were applied to this, then the police could have accommodated her arrests and would have prevented the bodily harms inflicted on Mrs. Davis.
United States court of appeals, 10 circuit  2016
On review of summary judgment... transferred to jail

We affirm and our advocacy is that The Supreme Court of the United States should limit qualified immunity by adopting the Ninth Circuit's decision on Title II of the Americans with Disabilities Act's applicability to arrest situations in Sheehan v. City and County of San Francisco as a legal precedent for all circuits on the next available test case.
This basically means that police have to provide accomodations when arresting people with (dis)abilities. Like Crisis teams in the case of Sheehan. And if the police fail to do so then when they are sued for damages under ADA then any police claims for QI will be dropped. 

Contention 2: Solvency

This is key to solve.
Auner 16 {Thomas J. "For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests." Loyola of Los Angeles Law Review 49.1 (2016): 335.}
Excessive force claims stemming ... for the mentally ill.

The plan will not only hold police accountable, but will also change police culture. It enables for the survivors with (dis)abilites to have a voice and draws a public outcry.
Armacost 98 {Barbara Armacost, Vanderbilt Law Review, April, 1998, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=90852, "Qualified Immunity: Ignorance Excused," g-lang edited}

If constitutional rights ... of clear constitutional impropriety.

Tournament: Norfolk | Round: 1 | Opponent: Lincoln Ease JW | Judge: Sorry I forgot to enter this case
Value: Anti-oppression, as defined by protecting the rights of human
Criterion: Minimizing Structural Violence 

Minimizing structural violence is essential to reaching anti-oppression; institutions are key perpetrators of violence upon marginalised groups. 

 We need a new lens; the resolution talks about retributive justice and qualified immunity as a punishment. The solution to violations shouldn’t be about paying back a mere sum of money or other types of punishments. Justice needs a radical redefinition;a restoration of peace, not a retribution of violence on the offender. This is necessary for any gains because retributive justice focuses around the state, and draws away peace for victims and offenders.
Zehr 90 { Howard, Distinguished Professor of Restorative Justice at Eastern Mennonite University, american criminologist, Changing Lenses : A New Focus for Crime, pg 181}

In this search,... repair, reconciliation, and reassurance.

Thus the methodology: We advocate for a radical redefinition of justice and a doing away with contemporary punishment, Justicia. To clarify, we want  for systems of punishment to be oriented around the victim and the offender, not the state, and we want to transform the method of justice;  from punishment to collaboration and compromise. 

Hence: QI should be done away with and replaced by a statutory system where the police would be able to understand the victim on a human-human biases.
Johnson 14 { Ryan, is a Full time lawyer, went to University of Victoria, Faculty of Law, Victoria, British Columbia, Canada, J.D. – 201214, "Restorative Justice: An Alternative to Court,"  http://mineslaw.com/node/152 }

If the case meets ... or him are dropped.

RC works well for the police force also; it enables a discourse that developes a sense of empathy between the police and the citizens, who have their rights violated.
IIRP 2000 {international insitutie for restorative practises,  "Restorative Justice and Police Complaints," No Publication, http://www.iirp.edu/index.php?option=com_contentandview=articleandid=4242:restorative-justice-and-police-complaintsandcatid=161andItemid=7363f }

Whilst encouraging others ... and punitive misconduct hearing?

Crime is a result of violations on the offender. Therefore restorative justice is the only way to prevent these things to happen in the first place; this enables the victims to get help and prevent further crime. The framework of retributive justice leads to an impacts of further enforcing a deepening cycle of crime and ignoring the needs of the survivors.
Zehr 90 { Howard, Distinguished Professor of Restorative Justice at Eastern Mennonite University, american criminologist, Changing Lenses : A New Focus for Crime, pg 181}

Crime represents an... we should start.

We advocate for the doing away of  Justitia, and replace it with the image of a “ healing wound”.
 Zehr 90 { Howard, Distinguished Professor of Restorative Justice at Eastern Mennonite University, american criminologist, Changing Lenses : A New Focus for Crime, pg 189-190}

How should we ... situation of the past.

Lastly, I shall end my advocacy with poem by John Donne.

No man {Person}  is an island,
Entire of itself,
Every man{Person} is a piece of the continent,
A part of the main.
If a clod be washed away by the sea,
Europe is the less.
As well as if a promontory were.
As well as if a manor of thy friend's
Or of thine own were:
Any man's {Person’s} death diminishes me,
Because I am involved in mankind,
And therefore never send to know for whom the bell tolls;
It tolls for thee.

Tournament: Elkhorn | Round: 1 | Opponent: Southwest | Judge:
Intersectionality aff
V:  Protecting the most vulnerable to Police Violcence

Here’s a quote by Nelson Mendela “A Nation should not be judged by how it treats its highest citizens, but it's lowest ones”

C: Intersectionality

The Value in this debate is to resist structural violence against the most vulnerable – this requires intersectionality. You must resist structural violence against the most vulnerable before you can consider any alternative: only this concrete analysis of  trans, queer, race, (dis)abilites, and the multitude of the intersections is able to present the impossible demands that will resist assimilation or extermination.
Spade '10 (Dean Spade, "KEYNOTE ADDRESS," 19 Colum. J. Gender and L. 1086, 2010,  1109-1110)
The political and economic conditions we .... that are deeply rooted in and connected to social movements for racial and gender justice, wealth redistribution, and opposition to imperialism.

Advocacy: The Supreme Court of the United States should limit qualified immunity by adopting the Ninth Circuit's decision on Title II of the Americans with Disabilities Act's applicability to arrest situations in Sheehan v. City and County of San Francisco as a legal precedent for all circuits on the next available test case.

Contention 1: Excessive Force
Qualified Immunity erases accountability and hazes the line between excessive and un-excessive  force; hence opening up a space for mass police violence, particularly violence inflicted upon PoC, People with (dis)abilites, queer people,  trans people, and people within these intersections.
Stefan 2016 { Lindsey De; “’No Man Is Above the Law and No Man Is Below It:’ How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct;” (Apparently 2017 LUL); Seton Hall University, Seton Hall Law, Law School Student Scholarship, Accessed 2016, ,http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1861andcontext=student_scholarship}

Of course, the most outwardly evident ... conduct violated the Fourth Amendment.”113 

Contention 2: An analysis of police violence upon intersectional bodies.
The supreme court ruled in favor of granting the police qualified immunity, who shot Teresa Sheenah, a japanese women with (dis)abilites. The courts left the question whether ADA applied to police arresting people with (dis)abilites and that opens up for mass police brutality upon people with (dis)abilites, espcialley intersectional people with (dis)abilites, and letting them get away with it by simply claiming Qualified Immunity.
Liptak 15 { ,Adam,  covers the United States Supreme Court and writes "Sidebar," a column on legal developments. A graduate of Yale Law School, he practiced law  "Supreme Court Sides With Police in a Shooting, and Against a State on Taxes," New York Times, http://www.nytimes.com/2015/05/19/us/supreme-courts-rules-on-a-police-shooting-state-taxes-and-prisoners-lawsuits.html?_r=1®ister=facebook }
The court sided with two San Francisco police... to address the question.

Again another case; Lincoln District Courts ruled in favor of the police who used excessive violence against Leroy Duffie, a black man with physical (dis)abilites. It is clear that qualified immunity gives the police the right to inflict gratuitous violence upon intersectional bodies and still get away with it.
Johnson 2016 {Riley Johnson reports on breaking news and public safety issues in Lincoln and southeast Nebraska., http://journalstar.com/news/local/911/appeals-court-lower-court-erred-in-dismissing-lawsuit-brought-by/article_d165d99e-3bd1-5d90-9737-53b72c7c9d9f.html}
He was wrongly mistreated by the police ... to have saved him from,” he said. 

Analysis: We couldn’t find any cases of trans poc’s w/ (dis)abilites and that could be due to the fact that trans voices are already so erasured. Our anaylytic is that if a trans person faces a particular kind of oppression and and they are also another intersection of identity then the oppression will be more quanitive, (as opposed to qualfitive). These two examples are indicative of a broader picutre of qualfiied immunity; wherein intersectional bodies are faced with enormous amounts of excessive force and then the police could just claim QI and get away with it. 

Contention 3: Reducing Works
Auner 16 Thomas J. "For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests." Loyola of Los Angeles Law Review 49.1 (2016): 335.
Excessive force claims... police training and provide uniform federal protections for the mentally ill.

Tournament: Lincoln East | Round: Octas | Opponent: Fremont CC | Judge: Genrich, Notorious, and Slechta
Perm: do both; for reasons that I’ll explain, the negative isn’t at odds in any form with the affirmative, meaning that the counterplan is not mutually exclusive with the affirmative.
The issues that the negative point out are not even constitutionally protected speech on the site of the campus - in general, as their evidence suggests, it is constitutionally protected, but in university is not. We apply the O’Brien test, as explained by the Supreme Court in United States v. O’Brien,
Supreme Court, United States v. O’Brien, 391 U.S. 367, 27 May 1968, http://www.bc.edu/bc_org/avp/cas/comm/free_speech/obrien.html, as a note: the O’Brien case was specific to draft resistance, but the O’Brien test is still in effect
We cannot accept ...for violating it.

We see that the Neg meets 

¬Analytic¬

Tournament: Westside | Round: 2 | Opponent: Southwest- Aaron | Judge: Samuelson
I affirm the resolution 

The standard is creating space to grasp voices that were always silenced, allowing haunting to finally be perceived.
Auchter 1 {Jessica, teaches UHON 3550/3590—Topics in Behavioral and Social Science and Topics in Non-Western Cultures: Global Humanitarianism,  “Ghostly Politics: Statecraft, Monumentalization, and a Logic of Haunting”, pg 64-65 }
Studying ghosts necessitates ... impetus of statecraft.

Part 1: The Ghosts
Trans erasure is the ghost that continually haunts us. Our struggles for rights have been erased- look through any textbook and you won’t find anything about the Compton Kitchen Riots, what about the Pink Panthers, not even the STAR Organization.

AND Even our own queer community has historically silenced our voices, our struggle. In other words it’s the LGB community and the “T is silent”.
Ginelle 14 {Leela , THE HISTORICAL OPPRESSION OF TRANSGENDER PEOPLE WITHIN THE LGBTQ MOVEMENT,http://www.pqmonthly.com/historical-oppression-transgender-people-within-lgbtq-movement/20426}
It’s commonly known ...“The GGGG community.”

The hauntings hollow to this day- trans harassment, bullying, murder is veiled and hidden from society.
Bilbrey 15 {Melanie L., Student at Southern Illinois University Carbondale,Transgender Identity and Media in Historical Perspective, pg 26, binary lang}
These are issues ... the United States. 

In this debate round, the ghost comes back to haunt us. This apparition now manifests once again and threatens to erase the visibility trans oppression from the academic spaces, themselves. 

Part 2: The Haunting

I contend that limiting free speech, aims to erase the history of trans-oppression. Either it directly censors the voice of trans individuals or enacts surface level reforms that “protect” trans people- Although a seemingly harmless idea- it results in erasing the remnants of visible trans oppression, or in other words not facing the ghosts of trans oppression as they are- this takes away effective methods of trans liberation and feeds into the hauntological suffering that we face.

There is a spectre haunting university - the spectre of free speech. All of the old powers of university have entered into an unholy alliance to exorcise this spectre: Dean and Professor, Student and Staff, Transphobe and Transwoman. The specter of the past haunts the present, refusing to listen to it causes gratuitous violence and continued suffering to the trans community. The state’s ability to ignore the haunt allows necropolitical control over the distinction between life and death.
Auchter 2 {Jessica, teaches UHON 3550/3590—Topics in Behavioral and Social Science and Topics in Non-Western Cultures: Global Humanitarianism,  “Ghostly Politics: Statecraft, Monumentalization, and a Logic of Haunting”, pg 39-45 }
Some may argue ... bodies as ungrievable.

Part 3: Exorcism
Thus the advocacy: I affirm the resolution as a method of monumentalization for trans entities who have been lost to the effects of western re-writing of history, the 1AC is a call to respect the haunt by affirming a world where we acknowledge and face the historical trans erasure- Only then can we effectively react to these ghosts instead of ignoring them and ignoring their haunts. 

Rather than suppress the hauntings of trans oppression- we search for these ghosts. We let them in and treat them as “arrivants”, this is key to solvency because we no longer want to suppress these ghosts but rather “let them be demanded of” and then only can we respond to them effectively.
Freccero 07 {Carla, Professor, of Feminist Studies Queer Spectrality: Haunting the Past, pg 207}
If this spectral ...and to respond.

Therefore I end this exorcism and urge a vote towards hearing voices that were always silence.

Tournament: Lincoln East | Round: 4 | Opponent: Lincoln Southwest Aaron | Judge: I forgot
I affirm the resolution
The standard is creating space to grasp voices that were always silenced, allowing haunting to finally be perceived.
Auchter 1 {Jessica, teaches UHON 3550/3590—Topics in Behavioral and Social Science and Topics in Non-Western Cultures: Global Humanitarianism,  “Ghostly Politics: Statecraft, Monumentalization, and a Logic of Haunting”, pg 64-65 }
Studying ghosts necessitates ... impetus of statecraft.

Part 1: The Ghosts
Trans erasure is the ghost that continually haunts us. Our struggles for rights have been erased- look through any textbook and you won’t find anything about the Compton Kitchen Riots, the Pink Panthers, not even the STAR Organization.

AND Even our own queer community has historically silenced our voices, our struggle. In other words it’s the LGB community and the “T is silent”.
Ginelle 14 {Leela , THE HISTORICAL OPPRESSION OF TRANSGENDER PEOPLE WITHIN THE LGBTQ MOVEMENT,http://www.pqmonthly.com/historical-oppression-transgender-people-within-lgbtq-movement/20426}
It’s commonly known ... “The GGGG community.”

The hauntings hollow to this day- trans harassment, bullying, murder is veiled and hidden from society.
Bilbrey 15 {Melanie L., Student at Southern Illinois University Carbondale,Transgender Identity and Media in Historical Perspective, pg 26, binary lang}
These are issues ... the United States. 

In this debate round, the ghost comes back to haunt us. This apparition now manifests once again and threatens to erase the visibility trans oppression from the academic spaces, themselves. 

Part 2: The Haunting

I contend that limiting free speech, aims to erase the history of trans-oppression. Either it directly censors the voice of trans individuals or enacts minimal surface level reforms that hides transphobia- this takes away effective methods of trans liberation and feeds into the hauntological suffering that we face.

The state’s ability to ignore the haunt allows necropolitical control over which voices gets heard and which stay silenced.
Auchter 2 {Jessica, teaches UHON 3550/3590—Topics in Behavioral and Social Science and Topics in Non-Western Cultures: Global Humanitarianism,  “Ghostly Politics: Statecraft, Monumentalization, and a Logic of Haunting”, pg 39-45 }
Some may argue ...bodies as ungrievable.

Part 3: Exorcism
Rather than continually suppress these ghosts of trans oppression- we perform an exorcism to let them in ;to respond to their haunts
Freccero 07 {Carla, Professor, of Feminist Studies Queer Spectrality: Haunting the Past, pg 207}
If this spectral approach ... and to respond.

We stand for one another as a community  and effectively fight against the ghosts of transphobia- Radical activism and radical community is how we respond to these ghosts.
WALIA 12 {HARSHA , South Asian activist, writer, and popular educator trained in the law, Young,Brown and Proud ,39-40}

Third, and the ... a new society.”

Therefore I end this exorcism and urge a vote towards hearing voices that were always silence.