Albuquerque Journal

Civil Rights Act could face opposition

Proposal would not allow qualified immunity defense in state claims

- BY DAN BOYD

SANTA FE — A proposed New Mexico Civil Rights Act, which would allow legal claims to be filed in state court over alleged infringeme­nts of free speech, freedom of religion and other constituti­onal rights, could generate fierce debate during the upcoming 60-day legislativ­e session.

The proposed law would not allow the legal doctrine of qualified immunity to be used as a defense in such cases, following a path already taken by Colorado and other states.

However, individual law enforcemen­t officers and other types of public officials would not be personally liable to pay any courtorder­ed damages. Instead, such damages would be paid by the public agency or body that employs the defendant, as is currently the practice under state law.

Retired state Supreme Court Justice Richard Bosson, chairman of the state’s Civil Rights Commission, has said the proposed law would “provide a legal vehicle for New Mexico citizens to fully enforce rights granted them by the New Mexico Constituti­on without importing artificial obstacles to the truth-seeking process such as qualified immunity.”

Qualified immunity is a legal principle that shields government officials — including police officers — from lawsuits except in cases where a plaintiff can prove that officials violated their “clearly establishe­d” rights, a high legal threshold that leads to many cases being dismissed.

The Civil Rights Commission was created under a bill passed by lawmakers during a June special session that was signed into law by Gov. Michelle Lujan Grisham.

The nine-member commission includes attorneys, judges and law enforcemen­t officials. Its members were appointed by the governor and legislativ­e leaders.

After holding multiple meetings during which commission members heard testimony on legal and law enforcemen­t issues, the commission voted 5-4 to endorse the proposed Civil Rights Act and 6-3 to bar qualified immunity from being used as a defense.

Those who voted in opposition predicted the law would lead to law enforcemen­t officers leaving New Mexico and to an increase in local government­s’ insurance costs, a concern shared by the New Mexico Associatio­n of Counties and several lawmakers.

“The last thing we want to do here is pass an act that makes the cities and counties uninsurabl­e,” said Sen. Joseph Cervantes, D-Las Cruces.

But House Speaker Brian Egolf, D-Santa Fe, has said he supports the proposed Civil Rights Act and will push for its passage during the upcoming session.

“I think giving New Mexicans the ability to vindicate their constituti­onal rights in a New Mexico courtroom is of fundamenta­l importance,” Egolf told the Journal.

He also said he would strive to make sure public employees’ concerns about the proposed new law — including increased insurance rates — are addressed.

Under the proposed law, claims of constituti­onal rights deprivatio­ns would be filed in state District Courts around New Mexico. Currently, such claims can be filed in federal court but not in state courts.

Meanwhile, all public bodies would have to keep a file of all judgments and settlement­s under the proposed Civil Rights Act, and make such records available under the state’s Inspection of Public Records Act.

 ?? EDDIE MOORE/JOURNAL ?? Public defenders and assistant district attorneys work in a 1st District Court courtroom in Santa Fe. Under the proposed Civil Rights Act, claims of constituti­onal rights deprivatio­ns would be filed in state District Courts around New Mexico.
EDDIE MOORE/JOURNAL Public defenders and assistant district attorneys work in a 1st District Court courtroom in Santa Fe. Under the proposed Civil Rights Act, claims of constituti­onal rights deprivatio­ns would be filed in state District Courts around New Mexico.

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