New Mexico Enacts Landmark Qualified Immunity Reform Legislation for All Public Officials

Jay SchweikertToday, New Mexico Governor Michelle Lujan Grishamsigned into law House Bill 4, otherwise known as theNew Mexico Civil Rights Act. This landmark piece of legislation creates a  state‐​law cause of action against any public official who violates someone’s rights under theNew Mexico State Constitution, and it specifically provides that qualified immunity isnot available as a  defense. The statute is therefore quite similar to bothColorado ’s Law Enforcement Integrity and Accountability Act, enacted in June 2020, and the civil ‐​rights legislationapproved by the New York City Council last month, both of which also created causes of action that do not allow qualified immunity. But whereas the Colorado and NYC bills were both limited to police officers, the New Mexico Civil Rights Act applies more broadly toall public officials.Although many have summarized the effect of HB 4  as “ending” or “eliminating” qualified immunity in New Mexico, that is not exactly correct. In a formal sense, “qualified immunity” is a federal doctrine available in federal lawsuits brought underSection 1983, and states obviously can ’t change federal law. But what they can do is create “state analogues” to Section 1983, which is exactly what HB 4 does. Whereas Section 1983 allows individuals whose rights are violated under thefederal Constitution to bring a  lawsuit for damages infederal court, HB 4  allows individuals whose rights are violated under thes...
Source: Cato-at-liberty - Category: American Health Authors: Source Type: blogs