While certain rights may be restricted during incarceration, inmates still have freedom of speech and the right to be protected from cruel and inhumane treatment. However, those who report abuse often face retaliation and disciplinary actions. This can range from losing good time earned and commissary access to experiencing worse treatment and further assault.
Moreover, investigations against correctional officers are often not taken seriously. Despite numerous complaints and evidence, many stay in their roles for an extended period without disciplinary action.
House Bill 4 can empower inmates seeking justice
The New Mexico House Bill 4 – also known as the New Mexico Civil Rights Act – ensures that the protections offered by the State Constitution are enforced in all communities, including those in prisons and correctional facilities.
- It bans qualified immunity: Public bodies or their representatives cannot use “qualified immunity” as a defense. This is a significant change because qualified immunity has historically shielded government officials from personal liability, even when their actions violated constitutional rights.
- It covers damages and relief: If an inmate wins their lawsuit, they can recover actual damages. They can also seek injunctive relief, which means asking the court to order specific actions (or prevent certain actions) to address the violation.
- It makes legal services more accessible. House Bill 4 ensures that inmates are entitled to reasonable attorney fees and litigation expenses if they win their case. This provision helps level the playing field for those seeking justice.
Under this law, inmates are more empowered to not only speak up against sexual abuse, but also hold people in power accountable.
No one is above the law
Being convicted doesn’t mean you are stripped of all your constitutional rights. Similarly, those in authority should not have the power to violate other people’s rights. If you think that you or your loved one is being abused in a correctional facility, make sure to explore your legal options today.