Blue Wall Crumbling as Second State Ends Qualified Immunity for Bad Cops
Published: April 15, 2021
As TFTP reported last month, in an unprecedented move, the New York City Council passed sweeping legislation to go after bad cops by removing qualified immunity, ushering in a new era for police accountability. This move was revolutionary as they were the first major area to make such a drastic change until now.
Going after bad cops is now gaining momentum and this month, New Mexico became the second state in the country to abolish qualified immunity. On Wednesday April 7, Governor Lujan Grisham signed the New Mexico Civil Rights Act into law which ended qualified immunity in the state. It also allows for those who have been wrongfully convicted to go after the ones responsible for their violated rights.
Source: France, CODE PENAL / commentaires imagés de Joseph Hémard (Paris : Editions Littéraires de France, 192u?), Creative CommonsAttribution 2.0 Generic license.
The ongoing criminal trial against Derek Chauvin is a rarity; police officers are almost never even disciplined for their wrongdoings, much less criminally charged.
Prosecutors and cops don t like to investigate and charge other prosecutors and cops. Because of this, civil litigation often ends up being the only chance for victims of police brutality and their loved ones to have their day in court.
Unfortunately, qualified immunity stops most civil rights lawsuits in their tracks.
But that will no longer be the case in New Mexico, which this week became the second state to ban qualified immunity! This is a HUGE deal, especially considering that, in New Mexico, officers have killed more people by population than in any other state three of the past four years. The Albuquerque Police Department, in particular, is
New Mexico Governor Signs Historic Legislation to End Qualified Immunity
New Mexico becomes the second state in the nation to end qualified immunity.
By Innocence Staff
SANTA FE, NM (April 7, 2021) – Today, New Mexico became the second state in the nation to abolish qualified immunity when Governor Lujan Grisham signed the New Mexico Civil Rights Act into law. In addition to eliminating qualified immunity, this historic legislation will allow New Mexicans – including the wrongfully convicted – to recover damages from the government when their constitutional rights are violated while also providing incentives for government employees to respect and uphold constitutional rights.
“Qualified immunity is a court-created doctrine that allows public officials to escape accountability after they engage in misconduct, even when their actions send an innocent person to prison. The New Mexico Civil Rights Act represents an historic culture shift in the fight for real accountability
Innocence Project
Apr 08, 2021 1:20 PM ET
Police officers rarely face criminal charges or even internal disciplinary measures when they engage in misconduct. When misconduct goes unchecked, officers may continue to abuse their powers. Often, when police misconduct is discovered in one case, several more instances of misconduct committed by the same officer are uncovered in other cases. For example, several convictions in cases investigated by former Chicago officer Jon Burge and his team have been overturned due to repeated misconduct that went unpunished for many years. Nearly 37% of exoneration cases since 1989 involved police misconduct, the National Registry of Exonerations reported.
“The new law puts a price tag on police misconduct and creates a strong incentive for agencies to adopt and enforce policies that prevent abuses which can lead to wrongful convictions,” said Innocence Project State Policy Advocate Laurie Roberts. “It also provides exonerees with the financia
New Mexico Prohibits Qualified Immunity For All Government Workers, Including Police forbes.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from forbes.com Daily Mail and Mail on Sunday newspapers.