The New Mexico Civil Rights Act (NMCRA) was signed into law in April 2021. This piece of legislation represents a significant development in the protection of individual rights across the state. Designed to enhance accountability and give everyday citizens a clear path to seek justice for violations of their rights, the NMCRA allows people to sue state and local government entities for violations of their constitutional rights under the New Mexico Constitution.
Before this law was enacted, many victims of civil rights violations in New Mexico faced significant legal hurdles when trying to hold public officials accountable. One of the biggest barriers was a legal doctrine known as qualified immunity, which often shielded government employees from liability—even in cases where serious misconduct occurred. The NMCRA is helping to change that. Under this law, qualified immunity is not a defense in cases brought under the Act, meaning that individuals can now pursue justice without being blocked by legal technicalities that previously favored the government.
When is the NMCRA applicable to someone’s circumstances?
The NMCRA applies to violations committed by public bodies, including state agencies, city governments, counties, school districts and law enforcement officers. If a person’s rights under the New Mexico Constitution are violated by one of these entities or their employees, the NMCRA allows that person to bring a civil lawsuit in state court. This includes rights such as freedom of speech, protection from unreasonable searches and seizures, due process and equal protection under the law.
Another important feature of the NMCRA is its damages cap. A person can recover up to $2 million in damages per occurrence, and the law also allows for reasonable attorney’s fees and litigation costs. This makes it more feasible for individuals—especially those with limited financial resources—to take legal action and be properly represented.
The NMCRA can be particularly significant in cases involving police misconduct, excessive force, wrongful arrests and discrimination by public officials. By removing qualified immunity and allowing lawsuits under state constitutional law, the Act creates a new pathway for accountability, especially in situations where federal claims may be dismissed or difficult to pursue.