New Mexico Opening Door to New Era of Civil Rights Lawsuits

Efforts among a handful of states to hold police accountable for brutality and civil rights violations are expanding Thursday as New Mexico opens the door to civil rights lawsuits against government agencies in state court.

The New Mexico Civil Rights Act removes immunity provisions that shield government agencies from financial liability related to misconduct, thought individual officials won’t pay for damages.

As the law effect, local police agencies are bracing for an onslaught of lawsuits that can carry liability awards of up to $2 million per event. At least one county sheriff’s department has been declined private insurance coverage – highlighting concerns about potential payouts.

The legislation reaches far beyond policing practices and applies to potential misconduct at nearly every state and local government agency that encroaches on individual rights.

Attorneys also hope to harness the law to address cruel conditions in prisons or abuses in foster homes for children. They note that New Mexico’s Bill of Rights goes beyond federal guarantees to prohibit discrimination on the basis of sex.

The legislation, signed by Democratic Gov. Michelle Lujan Grisham in April, was backed by an unusual coalition of progressive civil rights advocates and politically conservative proponents of greater accountability in government.

Farmington Police Chief Steve Hebbe oversees a force of 125 sworn officers and worries that the new civil rights law will highlight mistakes and not solutions.