New Mexico Injury Attorney Blog

Effective Date, Acts and Omissions Under New Mexico Civil Rights Act

The effective date for the New Mexico Civil Rights Act is Jul 1, 2021. More important for the rights of New Mexico’s prisoners and inmates is the prospective application of the New Mexico Civil Rights Act. Section 12 of the Act states: SECTION 12. PROSPECTIVE APPLICATION.–Claims arising solely from acts or omissions that occurred prior…

Summary of New Mexico Civil Rights Act

House Bill 4, the New Mexico Civil Rights Act, was signed into law last week on April 7, 2021. The importance of its passage to the rights of New Mexico prison and jail inmates cannot be overstated. The Act does not go into effect until July 1, 2021. After July 1, it is a whole…

NMCD Paper Medical Records Serve Goal of Destruction of Evidence

Spoliation of Evidence Spoliation is the technical term used by lawyers and judges for the concealment and/or destruction of evidence. Prisons are a black box when it comes to the evidence within its walls. Unlike a normal public institution, prisons are extremely secretive. This secrecy allows a wide range of atrocities against inmates with no…

Contact Governor on New Mexico Civil Rights Act

New Mexico Civil Rights Act Stalled on Governor’s Desk The New Mexico Civil Rights Act passed the New Mexico Senate on March 16, 2021.  It has now been on Governor Lujan Grisham’s desk for 8 days yet to be signed.  The question is why would there be any hesitation on the part of a DEMOCRATIC…

New Mexico Civil Rights Act Only First Step to Reform State’s Prisons

The New Mexico Civil Rights Act is headed to the Governor but passage is just one small step to New Mexico prison reform. We should start with the good news. The good news is that the New Mexico Civil Rights Act (House Bill 4) passed the State Senate with a few amendments, the House approved…

New Mexico Inmate COVID 19 Lawsuits

Collins & Collins, P.C. have taken hundreds of calls from inmates and their families relating to the Coronavirus over the past year. Unfortunately, we can’t do much more than provide some general guidance and to protect deadlines and evidence. General Guidance on COVID-19 Neglect in New Mexico Prisons To that end, we provide guidance on…

Qualified Immunity for Prison Doctors: A License to Kill

Qualified immunity is basically a blank check for prison abuse. Qualified immunity whitewashes atrocities committed against inmates in jails and prisons throughout the United States. It is without exaggeration a license to kill. The result is that Inmates at every level, local, state and federal, regularly and routinely suffer extreme dehumanizing and tortuous conduct by…

HB 4: New Mexico Civil Rights Act Must Pass to Protect New Mexico Taxpayers

House Bill 4 (HB 4), the New Mexico Civil Rights Act, is currently before the State House. It will be going to the House Floor next week. HB 4 is pretty straightforward in its purposes: 1. To provide actual recourse and remedies in New Mexico state courts for violations of civil rights enumerated in the…

Intentional Infliction of Emotional Distress Claims in New Mexico

In New Mexico, there is an independent claim for intentional infliction of emotional distress (IIED). An IIED claim can be brought as part of another claim and/or lawsuit including personal injury, medical malpractice, defamation, slip and fall, and any other personal injury claim. It could be argued that an IIED claim could technically be brought…

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