This act [41-4A-1 to 41-4A-13 NMSA 1978] may be cited as the “New Mexico Civil Rights Act”. History: Laws 2021, ch. 119, § 1. ANNOTATIONS Effective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 1 effective July 1, 2021.
The prohibition on the use of the defense of qualified immunity pursuant to Section 4 [41-4A-NMSA 1978] of the New Mexico Civil Rights Act and the waiver of sovereign immunity pursuant to Section 9 [41-4A-9 NMSA 1978] of that act shall not abrogate judicial immunity, legislative immunity or any other constitutional, statutory or common law […]
Each public body shall maintain a record of all final judgments and settlements paid by the public body for claims made pursuant to the New Mexico Civil Rights Act and attach a copy of the complaint to each record. All judgments, settlements and complaints are subject to disclosure pursuant to the Inspection of Public Records […]
Claims arising solely from acts or omissions that occurred prior to July 1, 2021 may not be brought pursuant to the New Mexico Civil Rights Act. History: Laws 2021, ch. 119, § 12. ANNOTATIONS Effective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 12 effective July 1, 2021.
A. Every person who claims damages from an act or omission of a certified law enforcement officer under the New Mexico Civil Rights Act shall cause to be presented to the certified law enforcement officer’s agency or department, within one year after an occurrence giving rise to a claim under the New Mexico Civil Rights […]
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 […]
A. A 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 not subject or cause to be subjected any resident of New Mexico or person within the state to deprivation of any rights, privileges or immunities secured pursuant to […]
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 […]
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. History: Laws 2021, ch. 119, § 5. ANNOTATIONS Effective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. […]
A. 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 […]
A claim made pursuant to the New Mexico Civil Rights Act shall be commenced no later than three years from the date a claim can be brought for the deprivation of a right, privilege or immunity pursuant to the bill of rights of the constitution of New Mexico unless a longer statute of limitations is […]
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 […]
The state shall not have sovereign immunity for itself or any public body within the state for claims brought pursuant to the New Mexico Civil Rights Act, and the public body or person acting on behalf of, under color of or within the course and scope of the authority of the public body provided pursuant […]
