New Mexico becomes second state to eliminate qualified immunity, establishes civil rights act!

New Mexico House Bill (HB) 4, the New Mexico Civil Rights Act.

Now, individuals may sue the state and its actors over misconduct because the bill gives the public a right to file suit if “rights, privileges, or immunities” are violated.

Qualified immunity is no longer a defense for a public body or anyone acting on a public body’s behalf, like officers working for a municipality. 

The bill also has a provision that entitles the plaintiff an award for attorney and litigation fees, should they prevail in the lawsuit. 

1.- The New Mexico Constitution provides New Mexicans with personal rights and privileges, but right now there is no direct way to enforce it. The Civil Rights Act would finally allow our Constitution and its protections to be enforced in every community, regardless of class, background, or zip code.

 2.-Moreover, the New Mexico Civil Rights Act would act as an incentive for government entities to embrace the training, oversight and accountability policies that are necessary to protect our communities and prevent the abuse of authority.

 WHO ARE SUBJECT OF THIS LAW. --As used in the New Mexico Civil Rights Act, "public body" means a state or local government, an advisory board, a commission, an agency or an entity created by the constitution of New Mexico or any branch of government that receives public funding, including political subdivisions, special tax districts, school districts and institutions of higher education.

House Bill 4, the New Mexico Civil Rights Act, was signed into law last week on April 7, 2021. The Act does not go into effect until July 1, 2021.

https://www.nmlegis.gov/Sessions/21%20Regular/bills/house/HB0004.html