This bill allows New Mexicans to seek relief in court if their civil rights have been violated by a law enforcement officer or other government authority acting in an official capacity. That's an important step forward for government accountability for the state.
Americans for Prosperity-New Mexico State Director Burly Cain had this to say about the new law, which was the state chapter's priority bill of the 2021 legislative session:
Over time though, courts have effectively watered down this right, finding that government officials enjoy something called "qualified immunity."
The term is basically a short-hand phrase for several judicially-created doctrines that exempts the government from liability when they violate your constitutional rights except in very rare cases
Why the system needs reform
It's wrong to deny people their day in court when the government has violated their rights, but that's not the only reason this is a destructive policy. It also undermines trust in government, undermines accountability, and removes important incentives for police and others to change negative behavior.
Evidence suggests that law enforcement officers in the U.S. are as well-trained and qualified as they have ever been. The overwhelming majority are a positive force for good in their communities. They are essential to those neighborhoods, but when people question their ethics and intentions, refuse to work with them, or actively oppose them, it makes a difficult job far harder. Provisions such as qualified immunity are a major reason for much of tension and distrust we have seen across the country.
To ensure that the many brave and responsible officers can do their job well, there has to be a system that enhances public trust by holding bad actors accountable.
That should include the right to go to court when circumstances warrant. People can go to court when private individuals deprive them of their rights. Government should be held to at least the same standard.
HB 4 helps to ensure that in New Mexico, people have the ability to do so. It protects the vast majority of law enforcement officers who do their duty, protect our rights, and comply with relevant rules of conduct. At the same time, it allows victims who have been wronged to seek justice.
How Americans for Prosperity-New Mexico helped achieve victory on qualified immunity
The volunteers and staff of Americans for Prosperity-New Mexico have worked hard to inform the public about this issue, and to build support for this important piece of legislation.
The team started early, cohosting a press conference in February with the ACLU, state Representative Georgine Louis, a former state Supreme Court justice, and other criminal justice reform advocates to encourage lawmakers to approve HB 4.
Speaking at the conference, AFP-New Mexico Community Engagement Director Brenda Boatman said,
The current status quo is unacceptable – which is one reason support for immunity reform is bipartisan.
The state chapter's grassroot engine also began reaching out directly to thousands of residents as part of a campaign to activate supporters. That effort utilized radio and digital ads, direct mail, and one-to-one grassroots contacts.
Cain thanked those making this historic reform possible:
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Article by Americans For Prosperity.
Tags: AFP, Americans for Prosperity, New Mexico Reforms, Qualified Immunity, Law EnforcementTo share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service and "Like" Facebook Page - Thanks!
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