Last week, New Mexico State Representative John Block’s (R-51) proposed repeal of sections 41-4A-1 though 41-4A-13 of the New Mexico Civil Rights Act was tabled by a vote of 4-2. The proposed bill, HB 109 is mothballed, for now.
The New Mexico Civil Rights Act, sponsored by state Rep. Georgene Louis (D- 26) and New Mexico House Speaker Brian Egolf (D-47) was passed into law by the New Mexico legislature back in 2021. Prior to the passage of the Act, the legal system in the Land of Enchantment made it very difficult to hold police officers accountable if they violated the civil rights of New Mexicans. With the passage of the Act, New Mexicans can legally bring claims for damages in state court against public officials and police officers who violate their civil rights as guaranteed under the New Mexico Constitution.
What HB109 targeted was the section in the Act that specifically prohibits the use of “qualified immunity.” Qualified immunity is a federal doctrine created by the Supreme Court in the 1960s, which shields state officials from liability for misconduct, even if they break the law. As a result, qualified immunity makes it virtually impossible for citizens to sue public officials who have violated their civil rights and have broken the law.
Block’s bill was reviewed by the House Consumer & Public Affairs Committee, whose members include Dems Joanne Ferrary (D-37), Angelica Rubio (D-35), Andrea Romero (D-46), and Liz Thomson (D-24), and Republicans Block and Stefani Lord (R-21). Both republicans voted in favor, arguing that the New Mexico Civil Rights Act is preventing people from looking for careers in law enforcement.
However, Rep.Block was unable to provide any data regarding this notion. During the session, Rep. Thomson asked Rep.Block, “Rep. Block what data do you have that the NM Civil Rights Act is keeping us from hiring officers?” Rep. Block’s answered, “I don’t have any.”
My question is: If a police officer is legitimately performing his/her duty, then there is no need for qualified immunity. That officer has taken an oath and is expected to act “lawfully” and uphold the Constitution of the United States, the state Constitution as well as his/her agency’s jurisdiction. This includes upholding the civil rights of American citizens.
George Floyd, Philando Castille, Breonna Taylor, and Tyre Nichols are tragic examples of police negligence and brutality in which these individuals were deprived not only of their civil rights but of their right to life. The fatal beating of Tyre Nichols on January 17 by five Memphis police officers is a constant reminder that fundamental changes are needed when it comes to policing, especially in Black communities, where individuals are three times more likely to be killed by police than white people.
I greatly respect members of the police force in my community and all that they do to keep myself and members of my community safe. However, shouldn’t they be held accountable to the same laws and standards as the rest of us?
The argument that the qualified immunity section of the New Mexico Civil Rights Act discourages individuals from joining law enforcement is ridiculous and an empty argument that skirts the true issue here: Laws only apply to some. Police officers are bound by both the US Constitution and the state Constitution, and no one should suffer a violation of their civil rights under any circumstances, and no one should be exempt from the legal ramifications of violating these rights.