A bill is headed to the House floor for a vote that would open up state courts to a variety of civil rights claims against police agencies and local governments.
A House committee on judicial affairs on Monday endorsed the bill that would allow damage awards of up to $2 million and court intervention in state and local government affairs where civil rights guarantees are violated under the New Mexico Constitution.
Democratic legislators advance the bill on a party-line 8-4 vote without Republican support. Approval by the House would send the Bill to the Democrat-led Senate for consideration.
The proposal would rein in immunity from prosecution for public officials and builds on recommendations of a civil rights commission, chartered by the Legislature and Gov. Michelle Lujan Grisham in June as protests over police brutality and racial injustice swept the nation and New Mexico’s largest city.
Sponsors of the bill say it would address possible civil rights violations in a variety of government posts — from child protective services to police — though only agencies can be sued and not individual officials. Supporters of the initiative say that would reinforce bedrock state constitutional guarantees against excessive fines, cruel and unusual punishment, due process, gun rights and more.
“There is some ability of having a broader range of rights protected than you would see in federal court,” bill co-sponsor and Democratic House Speaker Brian Egolf said. He noted likely new protections against discrimination on the basis of sex.
Law enforcement agencies and police associations remain staunchly opposed, along with school boards and city and county governments.
“It will do nothing to rectify wrongs by so-called government bad actors,” said Dona Ana County Sheriff Kim Stewart, who served on the civil rights commission and wrote a dissenting opinion. “Don’t fall for it, I beg you.”
Democratic sponsors of the bill say the $2 million cap on damages was added to a revised bill before Monday’s committee meeting in response to negotiations with the New Mexico association of counties that administers an insurance pool for county sheriffs.
But changes to the bill did little or nothing to stanch criticism that the bill would undermine government finances and public investments in police training and pay. The state’s Human Services Department said the bill could result in lawsuits against Medicaid providers and state contractors.
Grace Philips, general counsel for New Mexico Association of Counties that administers liability insurance coverage for county sheriff’s departments statewide, said the financial impact of civil rights lawsuits remains a concern.
“I can hear the high hopes that so many people have for this legislation but those hopes and expectations really don’t match the words on the paper,” Philips told the commission during four hours of public testimony and deliberations.
Mark Baker, vice chairman of the civil rights commission, said changes to the bill haven’t broadened support.
“I think it seems pretty clear from today that the answer will remain that they’re opposed to this bill no matter what concessions are made,” Baker said. “Maybe I’m wrong about that. I hope I am.”
