Upholding Rights and Seeking Justice for All, Especially the Mentally Ill
At Collins & Collins, P.C., we are deeply committed to challenging instances of police excessive force that not only violate the civil rights of individuals in New Mexico but particularly affect vulnerable populations, such as those with mental illnesses. Our approach addresses violations under the New Mexico Civil Rights Act (NMCRA), Section 1983 of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the New Mexico Human Rights Act (NMHRA).
Violations Under NMCRA and Section 1983:
Police excessive force cases often involve these statutes, crucial when officers, acting under the color of state law, use more force than the situation warrants, infringing on the constitutional rights of individuals, particularly those who are mentally ill and may not be able to comply with police commands in typical ways.
ADA Considerations:
In instances involving individuals with mental illnesses, the ADA mandates reasonable accommodations to be made by law enforcement. Failure to recognize or properly handle mental health issues during police interactions can escalate to excessive force, constituting a violation of the ADA alongside other civil rights infringements.
NMHRA Protections:
The NMHRA is instrumental in protecting individuals from discrimination, including those with mental illnesses, ensuring they are treated with the same dignity and respect as all other citizens during law enforcement encounters.
Broader Legal Claims and Tort Actions
Beyond civil rights violations, police excessive force cases can involve various tort claims, particularly when mental illness is a factor:
- Assault and Battery:
The physical use of excessive force can lead to claims of assault and battery, often exacerbated when the individual’s mental health condition is not appropriately considered. - Intentional Infliction of Emotional Distress:
Individuals with mental illnesses are particularly susceptible to severe emotional distress following traumatic encounters with law enforcement. - Negligence:
This can relate to insufficient training or policies regarding the interaction with mentally ill individuals, potentially leading to situations where excessive force is more likely.
Our Legal Approach
Collins & Collins, P.C. utilizes a thorough investigative approach, backed by a robust understanding of both the legal and psychological dimensions involved in excessive force cases. We are dedicated to building strong cases that not only seek justice for our clients but also aim to drive significant reforms in police training and engagement, particularly with respect to handling incidents involving mental illness.
Litigation and Advocacy:
We advocate passionately for our clients, pushing for comprehensive changes to law enforcement practices to reduce incidents of excessive force, especially against those with mental illnesses. Our goal is to ensure that these encounters are handled with understanding and care, minimizing trauma and upholding the rights of all individuals.
How We Can Help
If you or someone you know has been a victim of police excessive force, particularly where mental illness played a role, contact us today. Collins & Collins, P.C. provides specialized legal representation aimed at protecting your rights and achieving justice through a compassionate and informed legal approach.