Our nation is undergoing a crisis of confidence in law enforcement. Gallup reported last summer that, for the first time in the history of its polling, a majority of Americans do not have faith in the police. This plummeting confidence is fueled by the fact that police officers are rarely held accountable when they commit misconduct, and that lack of accountability is largely the product of qualified immunity a judicial doctrine that shields public officials from civil liability, even when they break the law.
But New Mexico took a huge step toward correcting this crisis this past Wednesday when Gov. Lujan Grisham signed into law HB 4, otherwise known as the New Mexico Civil Rights Act. This landmark piece of legislation permits citizens to sue any public official who violates their constitutional rights, and it specifically provides that qualified immunity is not a defense.
New Mexico Enacts Landmark Qualified Immunity Reform Legislation for All Public Officials SHARE
Today, New Mexico Governor Michelle Lujan Grisham signed into law House Bill 4, otherwise known as the New 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 the New Mexico State Constitution, and it specifically provides that qualified immunity is
not available as a defense. The statute is therefore quite similar to both Colorado’s Law Enforcement Integrity and Accountability Act, enacted in June 2020, and the civil‐rights legislation approved 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 to
Couy Griffin proposes resolution to reopen Otero County businesses at 100% capacity abqjournal.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from abqjournal.com Daily Mail and Mail on Sunday newspapers.
In its April 8 meeting, the Otero County Commission will consider a resolution which proposes that all public buildings, private businesses and other public gathering spaces in the County operate as normal, in violation of New Mexico s emergency public health orders.
The resolution, proposed by Otero County Commission Vice Chairman Couy Griffin, declares Otero County 100% open for business, pointing to the U.S. Constitution and New Mexico Constitution as proof the orders are invalid. This will be a great day for Otero County when we push back on the Unconstitutional Coronavirus mandates, Griffin said via email.
Resolutions do not hold the weight of law as an ordinance would. Instead resolutions show a political entity s support or understanding of a situation. This resolution states Otero County offices may reopen to pre-COVID-19 standards and that the use of face coverings is no longer mandatory.
Justice Michael Vigil wrote the opinion
SANTA FE, N.M. (Legal Newsline) - The New Mexico Supreme Court upheld the state’s $600,000 cap on non-economic damages in medical malpractice suits, rejecting arguments the statute violated the constitutional right to trial.
Lawyers for plaintiff Susan Siebert argued successfully in a lower court that the cap intruded on the New Mexico Constitution’s guarantee that the right to a jury trial is “inviolate” by preventing jurors from awarding her more than $600,000 in punitive damages and recovery for pain and suffering.
The jury awarded her $2.6 million in damages for injuries suffered during a surgical procedure, although the verdict didn’t specify how to allocate the roughly $1.6 million in damages that exceeded Siebert’s claimed $936,000 in medical expenses.