CP Insurance – increase liability for officers; instead give victims a remedy in the form of Don’t comprehensive insurance for officer misconduct Kirby 90, Kirby, John D. (Kirby graduated cum laude from Cornell Law School and is currently an attorney in San Diego.) "Qualified Immunity for Civil Rights Violations: Refining the Standard." Cornell Law Review 75.2 (1989-1990): 461-495. [Premier] requirement' that state and federal governments provide¶ insurance or indemnification The 90 for certain would¶ add extra cost if the rationale¶ for protecting categories of officials a significant to the system. However, public officials from civil rights damages is that it is¶ the necessary price of effective government, it 19' would be more¶ equitable to spread this cost throughout society by requiring state¶ and federal governments to Someone must pay the "price" Currently,¶ that price is insure or indemnify their officials.¶ of efficient government. borne by the plaintiff, who is often left without¶ remedy individual a in the face of a qualified immunity defense. Widespread¶ and comprehensive insurance or indemnification would shift this burden to programs¶ society Lower-level government¶ officials would be protected against personal liability as a whole. victims would retain remedy and cost of (perhaps¶ with an exception for "malicious intent"); a¶ for violations; the providing insurance would be¶ borne more equitably by taxes collected from the society at large. 192
CP – Insurance Don’t increase liability for officers; instead give victims a remedy in the form of comprehensive insurance for officer misconduct Kirby 90, Kirby, John D. (Kirby graduated cum laude from Cornell Law School and is currently an attorney in San Diego.) "Qualified Immunity for Civil Rights Violations: Refining the Standard." Cornell Law Review 75.2 (1989-1990): 461-495. [Premier] The requirement' 90 that state and federal governments provide¶ insurance or indemnification for certain categories of officials would¶ add a significant extra cost to the system. However, if the rationale¶ for protecting public officials from civil rights damages is that it is¶ the necessary price of effective government, 19' it would be more¶ equitable to spread this cost throughout society by requiring state¶ and federal governments to insure or indemnify their officials.¶ Someone must pay the "price" of efficient government. Currently,¶ that price is borne by the individual plaintiff, who is often left without¶ a remedy in the face of a qualified immunity defense. Widespread¶ and comprehensive insurance or indemnification programs¶ would shift this burden to society as a whole. Lower-level government¶ officials would be protected against personal liability (perhaps¶ with an exception for "malicious intent"); victims would retain a¶ remedy for violations; and the cost of providing insurance would be¶ borne more equitably by taxes collected from the society at large. 192
Premier-Debate-Brief-ND16.docx