Below is the slightly modified text of an email I delivered today to all Senate members of the Senate Health and Public Affairs Committee. The letter was written in anticipation of the hearing in the committee tomorrow on HB 4, The New Mexico Civil Rights Act. HB 4 will provide for civil rights claims and…
New Mexico Injury Attorney Blog
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…
Cyberbullying Lawsuits Insurance Coverage
Q: Can victims of cyberbullying seek compensation through the cyberbully’s insurance coverage? A: It depends on the insurance policy and the nature of the cyberbullying. Cyberbullying has become a national pastime over the last several years it seems. Cyberbullying can have devastating effects on the victim. These effects can be physical, emotional and reputational. It…
New Mexico Corrections Department Cannot be Trusted to Honestly Report COVID-19 Conditions
The local news and news around the state has been reporting on COVID-19 in New Mexico jails and prisons for quite some time. Much of the data provided to the press is provided by New Mexico Corrections Department (NMCD). Suffice it to say that anything NMCD regarding conditions inside its facilities is probably inaccurate, misleading…
Elements of Cyberbully Defamation Lawsuit
Cyberbullying is on the rise. In fact, it is itself pandemic in nature. There are numerous possible legal claims that could be brought in a lawsuit against a cyberbully. These include lawsuits for intentional infliction of emotional distress, violations of privacy and defamation of character. Defamation is perhaps the best bet for eventual success in…
Whistleblower Protection for At-Will Employees in New Mexico
Question: Do at-will employees have protection under the New Mexico Whistleblower Act? Not necessarily!
Tort Reform and Medical Malpractice After COVID-19
Tort Reformers/Insurance Companies Could Care Less About Doctors and Medical Workers. Their Concern is for profits. Tort reformers have long railed against medical malpractice cases as a threat to doctors. They have done this for decades despite the total absence of any evidence. Their complaints usually go something like this: medical malpractice claims drive up…
Quick Overview of New Mexico Whistleblower Act
Let’s get right to it. The New Mexico Whistleblower Act prohibits public employers from retaliation against governmental employees for ——. The prohibitions on employer retaliation are set forth at NMSA § 10-16C-3. NMSA § 10-16C-3 The New Mexico Whistleblower Act reads as folllows: “A public employer shall not take any retaliatory action against a public…