New Mexico on Wednesday ended qualified immunity, allowing residents to take legal action more easily against government employees, including police officers.
Gov. Michelle Lujan Grisham, a Democrat, signed the New Mexico Civil Rights Act guaranteeing that no public official “shall enjoy the defense of qualified immunity for causing the deprivation of any rights, privileges or immunities secured by the constitution of” her state. The legislation cleared the House in mid-February by a 39-29 vote, and it passed the Senate by a 26-15 margin in March.
“New Mexicans are guaranteed certain rights by our state constitution,” Grisham said in a statement. “Those rights are sacred, and the constitutional document providing for them is the basis of all we are privileged to do as public servants of the people of this great state. Indeed, good public servants work tirelessly every single day to protect those rights, to ensure them, to safeguard New Mexicans. But when violations do occur, we as Americans know too well that the victims are disproportionately people of color, and that there are too often roadblocks to fighting for those inalienable rights in a court of law.”
LIBERAL BEN & JERRY’S CO-FOUNDERS PUSH TO MAKE IT EASIER TO SUE POLICE OFFICERS
Qualified immunity can act as a barrier to suing law enforcement officials unless the officers violate “a clearly established constitutional right.” In the wake of George Floyd’s death in May, calls to abolish the legal defense have grown, but the push has been resisted by pro-police groups and unions.
“In response to some of the commentary surrounding this measure, I will say: This is not an anti-police bill. This bill does not endanger any first responder or public servant – so long as they conduct themselves professionally within the bounds of our constitution and with a deep and active respect for the sacred rights it guarantees all of us as New Mexicans,” the governor insisted.
The bill further added that residents who “have suffered a deprivation of any rights, privileges or immunities pursuant to the constitution of New Mexico” are entitled to the possibility of procuring “actual damages and equitable or injunctive relief” in court against government officials.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
Colorado, Connecticut, and New York City have either ended qualified immunity altogether or limited its application in court cases. Colorado became the first state to attack the provision in June 2020, when it created a “new civil action for deprivation of rights by law enforcement officers.”
