Suing State And Local Governments And Their Employees
At Ives & Flores, P.A., our attorneys are dedicated to protecting the rights of individuals and holding governments and government actors accountable for their actions.
When the person who has harmed you is a state or local government actor, filing suit is complex, as government actors have special forms of legal immunity. You need an expert attorney on your side. Our attorneys focus on bringing lawsuits pursuant to 42 U.S.C. Section 1983, the New Mexico Civil Rights Act, and the New Mexico Tort Claims Act. These laws provide a means for individuals to seek justice and hold government actors accountable for violating their rights.
42 U.S.C. Section 1983 is a federal law that allows individuals to sue state and local government officials, as well as private individuals acting under color of law, for violating their federal statutory or constitutional rights. This includes the right to be free from unreasonable searches and seizures, the right to due process, and the right to equal protection under the law, among others.
The New Mexico Civil Rights Act is a state law that provides similar protections to those found in 42 U.S.C. Section 1983, but applies specifically to violations of the New Mexico Constitution. It allows individuals to bring civil lawsuits against government actors who have violated their state constitutional rights, and provides for damages to be awarded to the plaintiff if the lawsuit is successful.
The New Mexico Tort Claims Act is a state law that allows individuals to bring lawsuits against the state or a local government for damages caused by the negligence of a government employee in some instances, and of intentional acts of wrongdoing in others. This includes cases of police misconduct and other instances where a government employee causes personal injury or property damage while acting within the scope of their employment.
What Offenses By Public Organizations Do You Need Help To Overcome?
Let us hear from you about the wrongdoing you have experienced from a government body or department and the resulting losses you have incurred.