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New Mexico lawmakers pass legislation to end qualified immunity, awaits governor’s decision

SANTA FE, N.M. (NewsNation Now) — Lawmakers in New Mexico have passed the Civil Rights Act, which would bar the use of qualified immunity — a practice that protects public employees from being sued personally — in state court.

It would also make it easier to bring civil rights suits by allowing those employees to be sued in state court instead of federal. Supporters say the measures would hold officials more accountable. Opponents worry that it could financially strain local and county governments.


“I can’t imagine any one of us who drive in and out of this building every day who see the law enforcement officers surrounding and protecting this building don’t have anything but the greatest respect and admiration for every one of those men and women,” said Sen. Joseph Cervantes.

“Now all of a sudden, if you have a police force at all, your fire department is also at risk. Your schools are at risk, your teachers are at risk,” said Sen. William Sharer. The Senate passed the bill 26 to 15 and now heads to the House for reconsideration.

In a similar move, New York City Council voted to pass a resolution effectively ending qualified immunity for police officers accused of civil rights violations, lawmakers announced.

The NYPD is currently facing backlash for excessive force, especially during the summer 2020 protests. NY Attorney General Letitia James filed a historic lawsuit against the NYPD for their conduct dealing with protesters.

The resolution was passed along with several major police reforms outlined in a March 5 report from the city, first announced by the mayor. Part two was released on March 12.

NewsNation affiliate KRQE contributed to this report.