The New Mexico Civil Rights Act: What You Need to Know
Protecting Your Rights Under State Law
In 2021, New Mexico lawmakers passed House Bill 4 (HB 4), creating the New Mexico Civil Rights Act (NMCRA). This law gives individuals the ability to bring lawsuits in New Mexico state courts when their rights under the New Mexico Constitution are violated.
For too long, many people who experienced government overreach or police misconduct had no direct way to enforce their constitutional rights in state court. The NMCRA changes that.
What Does the New Mexico Civil Rights Act Do?
The law gives any person whose rights, privileges, or immunities are violated the ability to file a lawsuit in New Mexico district court. If successful, they may be awarded:
Actual damages (compensation for harm suffered)
Injunctive relief (a court order stopping ongoing violations)
Attorney fees and litigation costs (so victims are not burdened by legal expenses)
Importantly, the Act removes a common barrier that prevented victims from seeking justice: qualified immunity.
What Is Qualified Immunity?
Qualified immunity is a legal doctrine created by the U.S. Supreme Court in the 1960s. It shields government officials, most often police officers, from being held liable for violating someone’s rights unless the misconduct was already “clearly established” by a prior case with nearly identical facts.
This means that even if a court finds your rights were violated, your case could be dismissed simply because no one else had brought the exact same type of lawsuit before. In practice, qualified immunity has denied justice to many victims and prevented systemic accountability.
Why Removing Qualified Immunity Matters
The New Mexico Civil Rights Act makes clear that state officials cannot rely on qualified immunity as a defense. This matters because:
Victims get a fair chance in court. People harmed by police brutality or government misconduct can now pursue justice without being shut out by technicalities.
Agencies face accountability. Government entities must address misconduct through better training, oversight, and discipline.
Communities are safer. When public bodies know they can be held liable, they have strong incentives to prevent abuse before it happens.
How This Differs From Other Laws
While New Mexico’s Tort Claims Act (TCA) allows some lawsuits against government agencies, it is limited. The TCA often forces claims into narrow categories, such as negligence, and does not clearly cover many constitutional violations.
The New Mexico Civil Rights Act provides a straightforward, dedicated pathway for holding government actors accountable when they abuse authority.
Do Officers Pay Out of Pocket?
No. Government employees do not personally pay settlements or judgments. Instead, lawsuits encourage agencies themselves to change policies and training to prevent violations from happening in the first place.
Why This Law Matters for You
The New Mexico Civil Rights Act ensures that constitutional rights guaranteed under the state constitution are not just words on paper—they are enforceable. Whether the violation involves police misconduct, abuse by government agencies, or other official wrongdoing, New Mexicans now have a legal path to seek justice.
Talk to a Civil Rights Attorney in New Mexico
If you believe your constitutional rights were violated, you don’t have to face the system alone. At Arima Law, we fight to hold government actors accountable and to protect the rights of our clients.
Contact us today to schedule a consultation and learn how the New Mexico Civil Rights Act may apply to your case.