407 7th St NW Albuquerque, NM 87102
info@collinsattorneys.com
Police officers are entrusted with extraordinary power. When that power is abused and results in catastrophic injury or death, it is not a mistake. It is a civil rights violation. Collins & Collins, P.C. represents individuals and families harmed by the most serious forms of police misconduct. These cases are complex, resource-intensive, and emotionally devastating. For that reason, we are selective. We only accept cases involving catastrophic physical injury or death.
Call us now for a free case evaluation: (505) 242-5958
or,
Visit our office at: 407 7th St NW, Albuquerque, NM 87102
Evidence Disappears Quickly. Act Now.
In cases involving agencies like the Albuquerque Police Department (APD) or Bernalillo County Sheriff’s Office (BCSO), critical evidence such as body-camera footage and dispatch tapes can be overwritten in as little as 30 to 90 days. Contact us immediately to initiate a preservation letter.
Police brutality becomes a comprehensive civil rights issue when law enforcement actions cross constitutional boundaries and result in severe, permanent injury or death. In these high-stakes cases, the legal focus shifts from general “use of force” to whether objective reasonableness was ignored, leading to a violation of protected rights.
To pursue a catastrophic injury claim, the conduct must fall into specific categories of constitutional deprivation:
| Actionable Civil Rights Violations | Procedural/Internal Issues (Non-Actionable) |
|---|---|
| Excessive Force causing paralysis or TBI | Rude or unprofessional behavior |
| Denial of emergency medical care in custody | Failure to read Miranda rights (without coercion) |
| Positional Asphyxia (Prone Restraint) | Minor property damage during a legal search |
| Wrongful Death (Police Shootings/Jail Neglect) | General disagreements over a traffic ticket |
A critical advantage for victims in our state is the New Mexico Civil Rights Act. Unlike federal Section 1983 claims, which are often blocked by Qualified Immunity (a doctrine that shields officers from liability unless they violated “clearly established” law), the NMCRA bans the use of Qualified Immunity as a defense in state court.
This legislation allows victims to sue government agencies directly for deprivations of rights secured by the New Mexico Bill of Rights. As of 2026, the NMCRA serves as the most powerful tool for holding departments like the New Mexico Corrections Department (NMCD) and local municipalities accountable for systemic failures.
The most serious police misconduct takes many forms, but not all cases result in irreversible harm. Our practice is limited to cases where police conduct causes permanent injury or loss of life. We do not handle cases involving minor injuries, technical violations, or emotional or psychological harm alone. While those harms matter, our work is focused on cases where the damage is undeniable and the consequences are irreversible. The most serious police misconduct cases typically involve:
Excessive force resulting in catastrophic injury or death
Failure to obtain or provide medical care to people in custody
Decisions that turn survivable medical emergencies into fatal outcomes
If you or a loved one has suffered severe permanent harm or death please call 505-242-5958 or complete our Case Review Form
Police excessive force occurs when officers use more force than the law allows and that force causes catastrophic injury or death. These cases are not about split-second decisions that end without lasting harm. They are about permanent injury, brain damage, organ failure, or loss of life. Many excessive force cases also involve a second, compounding violation: failure to provide medical care after force is used.
Police officers have a legal duty to obtain prompt medical care for people they arrest, detain, or restrain when those individuals are clearly suffering medical distress. This duty exists before, during, and after arrest. We have handled cases where officers ignored obvious medical emergencies, delayed treatment, or transported people to jail instead of a hospital. Those decisions resulted in preventable deaths. Medical neglect frequently overlaps with excessive force, but it can also occur independently when officers disregard obvious signs of medical crisis.
The most serious police misconduct cases are rarely isolated incidents. They often expose deeper problems: inadequate training, ignored warnings, poor supervision, and a culture that prioritizes expediency over human life.
Civil rights laws exist to hold not only individual officers, but also government entities, accountable when catastrophic harm or death results from police conduct and systemic failures.
Under the New Mexico Wrongful Death Act, a civil rights claim arising from a police killing must be brought by a “personal representative” of the deceased person’s estate. While the lawsuit is filed by this representative, the legal focus remains on holding law enforcement accountable for the unconstitutional loss of life.
Eligibility to recover damages generally extends to:
Surviving Spouses
To address the loss of companionship and financial support.
Children and Grandchildren
To account for the loss of parental guidance and inheritance.
Parents
Financial penalties in cases of reckless, willful, or deliberate misconduct.
These cases are entirely separate from criminal charges or internal affairs investigations. Our goal is to secure the financial future of the survivors and ensure that the loss of life has tangible legal consequences for the responsible agencies.
We litigate police misconduct cases aggressively and deliberately. Our focus is on:
We are honest about case viability. If a case does not meet our criteria, we will say so. If it does, we commit the full resources of our firm to pursuing accountability.
In catastrophic cases, “compensation” is about securing the financial resources necessary for a family to survive a tragedy or for a victim to receive lifetime care. We pursue all available damages, including:
The following examples highlight the seriousness of the catastrophic police civil rights cases our team handles. These outcomes reflect severe injury or death caused by unconstitutional conduct.
Disclaimer: The results below are representative of the types of cases we handle. Past results do not guarantee future outcomes. Every case is different and must be judged on its own merits.
$6.9 million
Resolution following death in jail from opioid withdrawal caused by medical neglect.
$5 million
Wrongful death claim involving repeated taser use and denied medical care while in custody.
$1.6 million
Fatality of an inmate with serious mental illness due to neglected care in custody.
$1.5 million
Death of a combat veteran with severe mental illness in solitary confinement after neglect.
If you or a family member suffered catastrophic injury or death as a result of police conduct, you should contact an attorney promptly. These cases involve strict deadlines and complex legal frameworks. Our firm also represents clients who have suffered serious abuse in prisons and other correctional facilities.
Call us at (505) 242-5958 or complete our secure online form to schedule your free case evaluation.
We simplify complex legal matters by providing clear, concise, and accurate answers to your most pressing questions.
A tort claim (negligence) alleges carelessness, while a civil rights claim alleges a violation of the Constitution (like the Fourth or Eighth Amendment). In New Mexico, civil rights claims under the NMCRA do not face the defense of Qualified Immunity, making them a powerful tool for accountability.
Deadlines are strict. For state tort claims, you generally must file a Tort Claims Notice within 90 days of the incident. Federal civil rights claims (Section 1983) typically have a three-year statute of limitations in New Mexico. However, waiting puts evidence at risk.
We work on a contingency fee basis. This means there are no upfront costs, and we only receive a fee if we successfully recover compensation for you.
Yes. Police have a duty to protect individuals in their custody regardless of intoxication. In fact, ignoring a known medical crisis caused by drugs may constitute deliberate indifference, which is grounds for a lawsuit if it leads to death or injury.
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Past results do not guarantee any future outcome, and every case is different.