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
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How This High Court Case Could Affect Police Abuse Suits By
Marco Poggio | April 4, 2021, 8:02 PM EDT Attorneys all seem to agree: When a prosecutor dismisses charges against a defendant, that s an ultimate win. The defendant can heave a sigh of relief, and walk free without the burden of a trial and the potential costs associated with it.
But to criminal defendants who allege police misconduct and plan to file civil lawsuits, a dismissal could mean doom.
A case involving a Brooklyn man who sued the New York Police Department on misconduct allegations in 2014 presents a compelling case in point: the man, Larry Thompson, was arrested and charged with misdemeanors.
How This High Court Case Could Affect Police Abuse Suits law360.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from law360.com Daily Mail and Mail on Sunday newspapers.