Qualified Immunity in New Mexico
The New Mexico Civil Rights Act allows an individual to bring a civil suit against a public body, including law enforcement, for constitutional rights violations. An individual may recover actual damages, equitable relief, and/or injunctive relief, up to $2 million. The Act specifically prohibits the defense of qualified immunity, and defendants sued in their personal capacity must be indemnified by the public body that employs them. There is a statute of limitations of three years for when a claim can be brought if the alleged civil rights violation occurred after July 1, 2021, and for any claim against law enforcement notice of the claim must be provided within one year of the alleged civil rights violation’s occurrence. All judgments, settlements, and complaints arising out of the Act are public record. Effective: July 2021.