Sunday, April 11, 2021

New Mexico abolishes qualified immunity in state claims

Last week, Governor Michelle Lujan Grisham of New Mexico signed a law which eliminates the defense of qualified immunity for public officials in state claims.  New Mexico is now the third state to have eliminated the defense.

The new 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."

It is important to note that the new state does not relate to claims brought under federal law, which still recognizes qualified immunity as a defense. has more on the story here; Jurist has more information here.

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