End qualified immunity in New Mexico

Case Studies

Bills and Legislation

Passed

In 2021, New Mexico became the second state to ban qualified immunity. This legislation is unique, however, in that it applies to all public officials, not just law enforcement. Under the New Mexico Civil Rights Act, victims of all public misconduct (such as IRA agents or correction officers, in addition to law enforcement) can now finally receive financial justice.

Legislation details Graded rubric

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(3/4legislation passed)

  • ✓
    Ends Qualified Immunity for all law enforcement officers

    Yes. The state law provides, "In any claim for damages or relief under the New Mexico Civil Rights Act, no public body or person acting on behalf of, under color of or within the course and scope of the authority of a public body shall enjoy the defense of qualified immunity for causing the deprivation of any rights, privileges or immunities secured by the bill of rights of the constitution of New Mexico." This includes law enforcement officers.

  • ✓
    Ends Qualified Immunity for all public employees

    Yes. The state law mandates, "In any claim for damages or relief under the New Mexico Civil Rights Act, no public body or person acting on behalf of, under color of or within the course and scope of the authority of a public body shall enjoy the defense of qualified immunity for causing the deprivation of any rights, privileges or immunities secured by the bill of rights of the constitution of New Mexico."

  • ✓
    Ends Qualified Immunity for all state constitutional violations

    Yes. State law provides, "In any claim for damages or relief under the New Mexico Civil Rights Act, no public body or person acting on behalf of, under color of or within the course and scope of the authority of a public body shall enjoy the defense of qualified immunity for causing the deprivation of any rights, privileges or immunities secured by the bill of rights of the constitution of New Mexico."

  • ✗
    Ends monetary caps on all public liability amounts

    No. The state law limits damages with this statement, "In any action for damages against a public body pursuant to the New Mexico Civil Rights Act, the liability per occurrence shall not exceed the sum of two million dollars ($2,000,000) per claimant, inclusive of the claimant's costs of action and reasonable attorney fees. In jury cases, the jury shall not be given any instructions dealing with this limitation. Interest shall be allowed on judgments against a public body at a rate equal to two percentage points above the bank prime loan rate published by the board of governors of the federal reserve system on the last business day of the month preceding entry of the judgment. Interest shall be computed daily from the date of the entry of the judgment until the date of payment."

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(1/5legislation passed)

  • ✗
    Implements a failure-to-intervene clause

    No. The state law does not make an officer civilly liable for failing to intervene.

  • ✓
    Guarantees that victims are compensated the full amount awarded

    Yes. The state law mandates "A judgment awarded pursuant to the New Mexico Civil Rights Act against a person acting on behalf of, under color of or within the course and scope of the authority of the public body shall be paid by the public body. The public body shall also pay for all litigation costs for the public body and for any person acting on behalf of, under color of or within the course and scope of the authority of the public body, including attorney fees."

  • ✗
    Starts attorney fees

    No. The state law is not prescriptive enough when addressing attorney fees. The law states, "In any action brought under the New Mexico Civil Rights Act, the court may, in its discretion, allow a prevailing plaintiff or plaintiffs reasonable attorney fees and costs to be paid by the defendant."

  • ✗
    Starts holding individual employees accountable

    No. The state law does not include any form of accountability for public employees found to have violated a person's constitutional rights.

  • ✗
    Starts disclosing public records

    No. The state law does not ensure that all documents are made public.

Case studies in New Mexico

Qualified immunity impacts everyone. Officers in your state are violating community members’ rights without consequence.

Explore the map below to discover examples and stories where you live.

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