The scales of justice in front of the Bernalillo County Courthouse. (Albuquerque Journal)
SANTA FE – Sponsors of a proposal to introduce a state civil rights law said Friday that a new version of the law will include a $ 2 million limit on damage – a change designed to address financial concerns of cities and counties.
However, advocates of the law also made it clear that they don’t necessarily believe the financial fears are legitimate.
In an online press conference, retired Supreme Court Justice Richard Bosson said he and other members of a commission working on the bill were seeking testimony from insurance agents and government officials about the financial implications of the legislation.
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And they made changes to reflect that input, including a ban on punitive damages. The new version of the bill will also include a $ 2 million cap on total damage.
“I don’t know how you can argue that the sky is falling,” said Bosson.
Cities and counties rated the new version on Friday. They have previously raised concerns about increased taxpayers’ costs, arguing that it is better to take preventive measures such as better education to curb government wrongdoing.
The proposal, House Bill 4, is slated for a hearing on Monday in the House Judiciary Committee to see if it should be passed on to the whole House.
The move would establish a New Mexico Civil Rights Act, which would allow plaintiffs to file a lawsuit in a state court against a public agency to seek compensation for violating their constitutional rights.
Government agencies can already be sued in federal court for violating the US Constitution, and plaintiffs can seek monetary damages if successful. But New Mexico does not have a similar state law that allows reclaiming damages in a state court for violating the state constitution.
State tort law allows certain claims, though the damage is limited to just over $ 1 million.
Meanwhile, defendants in federal court can apply the doctrine of qualified immunity, a standard that makes it easier to win a dismissal. The proposed civil rights law prohibits qualified immunity as a defense against claims filed under the law.
Rep. Georgene Louis, an Albuquerque Democrat and co-sponsor of the legislation, said the new version would help allay governments’ financial fears while improving the playing field in court.
“For many New Mexicans whose rights have been violated,” she said, “it’s a David and Goliath situation.”
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