New Mexico Civil Rights Act

Venue for New Mexico Civil Rights Act Lawsuits: Home Court Advantage for Counties is Over

One of the biggest challenges in claims against counties under the Tort Claims Act has always been the venue requirements. The venue requirements have forced plaintiffs in personal injury and wrongful death claims against counties to file their lawsuits in the county itself. This has too often resulted in home-town justice. Fortunately, this often harsh…

Update: New Mexico Corrections Department Retaliates for Medical Grievance System Lawsuit

Since filing the PETITION FOR DECLARATORY RELIEF AND TEMPORARY RESTARINING ORDER (PETITION)challenging the constitutionality of the New Mexico Corrections Department (NMCD) grievance system on May 20, 2021, NMCD has responded as has come to be expected. NMCD has retaliated against the inmates named as Plaintiffs in the suit. Unwarranted Transfers to Other Facilities Since the…

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…

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