SANTA FE (AP) — Efforts among a handful of states to hold police accountable for brutality and misconduct 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, though individual officials won’t pay for damages.
As the law takes 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, drafted amid nationwide protests over police brutality and institutional racism, reaches beyond law enforcement practices and applies to potential misconduct at nearly every state and local government agency, including school districts.
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.
“New Mexico has had a Bill of Rights in its Constitution. We’ve never had a effective way to enforce those rights, or protect those rights,” said Maureen Sanders, a civil rights attorney who provides voluntary legal advice to the American Civil Liberties Union. “This will … give you an appropriate way to bring claims when foster kids are injured by the Children, Youth and Families Department, or an individual’s 1st Amendment rights are violated by a county commissioner.”
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. The conservative-backed nonprofit group Americans for Prosperity, supported by billionaire Charles Koch, was one prominent supporter.
The U.S. Supreme Court recently declined to take up several challenges to the legal doctrine known as qualified immunity, which shields officials from lawsuits for money as a result of things they do in the course of their job.
Several states are no longer waiting to hold police or law enforcement agencies financially responsible for wrongdoing.
Colorado last year became the first state to place limits on the use of qualified immunity as a defense in law enforcement cases, and Connecticut has established an avenue for people to seek financial damages in wrongdoing by police.
In New Mexico, 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.
He said his department already has two lieutenants assigned full-time to the review the use of force by officers, and that consultations with national experts are coming soon.
“We anticipate we’re going to be sued more as policing agencies,” Hebbe said. “The goal of it was to hold departments accountable, I get that. It’s tough to plan, then. What does this all look like ( in the future)? I can’t tell you that I know that yet.”
Republican state legislators unanimously opposed the immunity reforms in a display of solidarity with police and amid concerns that civil rights lawsuits might undermine local government finances — including law enforcement budgets — and be counterproductive.
Democratic House Speaker Brian Egolf championed the abolition of immunity after protests over police brutality and institutional racism erupted nationwide — and came under criticism as an attorney whose legal practice profits in part from civil rights litigation.
