The Hill

New Mexico ends qualified immunity

The Hill logo The Hill 7/04/2021 22:15:51 Jordan Williams
Michelle Lujan Grisham wearing a suit and tie: coronavirus COVID-19 community spread new mexico arizona texas u.s. sun belt cases rising increasing new michelle lujan grisham democrat governor © Alex Wong/Getty Imagescoronavirus COVID-19 community spread new mexico arizona texas u.s. sun belt cases rising increasing new michelle lujan grisham democrat governor

New Mexico Gov. Michelle Lujan Grisham (D) signed a bill on Wednesday ending qualified immunity for all government workers, including police.

Grisham signed the New Mexico Civil Rights Act, which ends the use of qualified immunity as a defense for depriving a person of their civil rights, her office said.

Qualified immunity shields state and local police from civil suits unless they violated a clearly established constitutional right, according to the National Conference of State Legislatures.

New Mexico is the first state to end qualified immunity for all public bodies, the New Mexico House Democrats said on Twitter. However, it is not the only state to end the practice in some capacity.

Colorado banned the use of qualified immunity for police officers last June in the wake of the killings. New York City also ended qualified immunity for New York Police Department officers late last month.

The bill permits "an individual to bring a claim against a public body or person acting on behalf of or under the authority of a public body for violation of the individuals' rights, privileges or immunities arising pursuant to the Bill of Rights of the Constitution of New Mexico," according to it's text.

These entities cannot "enjoy the defense of qualified immunity for causing the deprivation of any rights, privileges or immunities secured by the bill of rights of the constitution of New Mexico."

The New Mexico House of Representatives passed the bill in February by a vote of 39-29, while the state senate passed it in March by a vote of 26-15, according to records on the state legislature's website.

The law goes into effect on July 1 and claims from incidents prior to that date may not be brought.

Qualified immunity shields state and local police from liability unless they violated a clearly established civil right. It came under scrutiny last year amid a national conversation about police brutality sparked by the killings George Floyd and other Black Americans in police custody.

jeudi 8 avril 2021 01:15:51 Categories: The Hill

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