NM could jettison qualified immunity for police, government employees

The defense for public officials and employees of qualified immunity was created by the U.S. Supreme Court over the course of many decisions. It is now seen as a barrier to holding police officers accountable when they use excessive force. Even with qualified immunity used as a defense, civil rights and wrongful death lawsuits in police use-of-force cases in New Mexico courts have cost state and local governments millions of dollars over the last 20 years. Now the state Legislature is considering a state civil rights law that would specifically prohibit the defense of qualified immunity. The New Mexico Legislature considered taking up the issue during the special session in June but decided instead to create a State Civil Rights Commission to study the issue. Legislators are aware that a state civil rights law abolishing qualified immunity would cover all government employees, not just law enforcement. “It’s complicated,” Rep. Antonio “Moe” Maestas, D-Albuquerque, said. “There are portions of other statutes that may have to be amended to bring them into line with what’s proposed.” Maestas said that is why the recommendations of the commission are important in guiding how the Legislature acts. The commission is required to make a report to the Legislature in mid-November...MORE