People who have had their rights infringed shouldn't be asked to invest more of their time and/or money in procedural wrangling with diminishing probabilities of restitution for their original injury. there are strong correlations between biased enforcement and biased litigation outcomes, and that doctrine of qualified immunity virtually guarantees litigation will be highly asymmetrical from the outset.
I don't know what the particular rhetorical dance I need to enact in order to ask that question positively rather than normatively is so I'm just going to disregard that problem.
