For years, qualified immunity has emboldened some police officers and other government employees to abuse their authority. Immunity from lawsuits for violating a person’s civil rights encourages misconduct. New Mexico is among three states that have taken steps to end or limit qualified immunity and hold public officials and agencies accountable.
The state enacted the New Mexico Civil Rights Act in 2021. The act aims to hold police and other government officials accountable for their actions. It allows victims to sue public bodies that violate New Mexico’s Bill of Rights and also provides options to pursue compensation.
Suing under the New Mexico Civil Rights Act
The act lets you sue a government office or agency if a public employee violates your constitutional rights. Violations include, but are not limited to:
- Use of excessive force
- Unlawful arrest or detention
- Discrimination
- Violation of due process
- Infringement on freedom of speech and expression
The act also bans qualified immunity as a defense. It challenges the idea of “good faith” or unintentional violations of constitutional rights. It also authorizes damages of up to $2 million.
Suing under the New Mexico Tort Claims Act
You can also file a lawsuit against a government office or employee under the New Mexico Tort Claims Act for state or federal constitutional violations not covered by immunity. The law allows victims to pursue compensation for negligent acts, such as:
- Negligence in operating or maintaining motor vehicles
- Negligence in operating or maintaining public facilities and utilities
- Negligence in medical facilities or by healthcare providers
- Negligence by law enforcement officers through actions such as wrongful arrests and detention
You must write a notice of your claim within 90 days of the incident. The act limits damages that the court can award you to:
- $200,000 for accident-related property damage
- $300,000 for medical bills arising from an injury
- $400,000 for other accident-related expenses, including noneconomic damages, such as pain and suffering
Despite these protections, holding public officials and officers accountable can be challenging. Overcoming potential partisanship in bureaucracy remains intimidating, especially for individuals facing socioeconomic insecurities. Consulting an experienced civil rights attorney can help you meet the legal requirements to protect your rights and pursue fair compensation.