AT Chilling Effect - AT Chilling Effect Litigation wont...

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AT Chilling Effect Litigation won’t cause a chilling effect De Stefan 16 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 Ac-countability and Curb Widespread Police Misconduct” (2016). Law School Student Scholarship. Paper 850. The judicial system’s somewhat naïve faith in the power of civil suits as a deterrent has inadver-tently produced another problem in qualified immunity jurisprudence . 93 This belief has gen-erated concern in the Supreme Court about overdeterrence—the notion that fear of being sued “is so strong that it can ‘dampen the ardor of all but the most resolute, or the most irresponsible [public officials], in the unflinching discharge of their duties.’ ”94 This trepidation about too much

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