Qualified immunity bill stalls in committee
Chances at police reform in New Mexico took a hit Sunday afternoon as a pair of Democrats sided with a Republican colleague to vote down a popular reform being touted in statehouses across the country.
Senate Bill 376 would amend the New Mexico Tort Claims Act to prohibit the use of qualified immunity, a legal doctrine that shields government officials, including law enforcement, from being held personally liable for actions that violate a person’s constitutional rights.
Sponsor Joseph Cervantes, a Las Cruces Democrat, said the bill is a necessary accompaniment to House Bill 4 — the New Mexico Civil Rights Act — which would eliminate qualified immunity in state courts. Senate Bill 376 would eliminate the practice in tort claims, which are civil, not criminal, in nature and take place in both state and federal courts.
“If we’re going to pass the Civil Rights Act, we need to pass this to ensure our laws are consistent,” Cervantes said.
Sens. Bill Tallman, D-Albuquerque, and Liz Stefanics, D-Cerrillos, voted against the bill along with David Gallegos, R-Eunice, to ensure a 3-3 tie in the Senate Health and Public Affairs Committee.
While the bill could be brought up for another vote in the committee, it’s unlikely to pass as Republicans Gregg Schmedes and Stuart Ingle were the absent votes. The bill also would increase the cap on settlements state and local governments can pay out in tort claims.
The cap on property damages would increase from $200,000 to $500,000, the cap on medical expense would increase from $300,000 to $800,000, and the cap for other personal damages would increase from $400,000 to $1.2 million.
Cervantes argued the change would aid plaintiffs, who often have to settle for a cap lower than what a jury awarded them.
“If the state or local government burns down your house because of negligence, all your property damage is capped at $200,000. If the state injures you and you end [up] with catastrophic medical expenses, the cap for your medical expense now is $300,000,” Cervantes said. “That’s not enough. How long do you have to be in a hospital before you reach a cost of $300,000 for the total medical expenses for past and future? That cap should be adjusted upward.”