Civil Rights Lawyers in New Mexico
Protecting Your Rights. Holding Government Accountable.
At GPJ Legal, we believe no one is above the law—including law enforcement, correctional institutions, and public officials. When those in power violate your civil rights, our firm is here to stand by you, investigate what happened, and fight for justice.
We represent individuals and families throughout New Mexico in serious civil rights cases both under New Mexico law and U.S. Federal Law. Civil rights cases include excessive force, wrongful arrest, police shootings, prisoner neglect, and government misconduct. With over 35 years of civil trial experience, we bring the litigation strength, constitutional knowledge, and strategic focus these cases demand.
What Is a Civil Rights Violation?
A civil rights violation occurs when a government actor—such as a police officer, prison official, or public employee—abuses their authority and causes harm. Civil rights cases can be brought under state law or federal law.
In 2021, the New Mexico Supreme Court passed the New Mexico Civil Rights Act, which allows New Mexican citizens to sue state or local government officials for violations of their constitutional rights in state court. This landmark statute provides citizens of New Mexico with additional protections against infringements on their freedoms and civil liberties, and is a breakthrough in protecting residents’ rights.
In addition, civil rights cases can be brought under federal law for violations of citizens’ rights under the United States’ Constitution.
These cases often involve conflicting reports, institutional cover-ups, and aggressive legal defense. That’s why GPJ Legal prepares every case for trial and brings a clear, principled voice to every step of the legal process.
New Mexico Civil Rights
Medical Neglect of Inmates
Government Misconduct
Police Misconduct
Federal Civil Rights
Prisoner Rights
Police Shootings
Use of Excessive Force
What are examples of Civil Rights Violations?
• Police used excessive force while arresting you
• You were a victim of an illegal search and seizure
• You were denied due process
• Your Fourteenth Amendment rights were violated
• Your Eighth Amendment rights were violated
• Your First Amendment rights were violated
• You were the victim of a false arrest
•You were injured by a police canine
• Your prisoner rights were violated
• Police engaged in negligence or misconduct
• Police used excessive or deadly force
What is the New Mexico Civil Rights Act?
The New Mexico Civil Rights Act (NMCRA) is a state law that allows New Mexicans to sue government entities in state court for violations of their constitutional rights. It addresses the lack of a direct remedy for violations of the New Mexico Constitution that were previously only enforceable through federal lawsuits. The NMCRA also prohibits the use of "qualified immunity" as a defense in these lawsuits.
The New Mexico Civil Rights Act was ratified in June 2021. This makes it a relatively “new” law. The New Mexico Civil Rights Act will allow residents injured or fallen ill due to government negligence or misconduct to file civil claims against them.
Residents may have been prohibited from filing claims against government agencies and officials due to the sovereign or qualified immunity defense in the past.
However, the ratification of the New Mexico Tort Claims Act has made it possible for individuals to fully hold government bodies and officials accountable for their negligent actions and offensive conduct of the law.
What constitutes police use of force?
Police use of force refers to the amount of physical coercion or control exerted by law enforcement officers in carrying out their duties. It can range from physical restraint and control techniques to the use of weapons or other forceful actions. The use of force is generally justified when it is necessary to protect the officer or others from harm, or when it is required to make an arrest or maintain order. However, the level of force used must be reasonable and proportionate to the situation at hand.
What is Section 1983?
Section 1983, or 42 U.S.C. § 1983, is a U.S. federal law that allows individuals to sue state and local government officials and employees for violating their constitutional rights. It's a means to enforce those rights when they are violated by someone acting under color of state law. It protects a wide range of constitutional rights, including freedom of speech, religion, due process, protection against unreasonable searches and seizures, and protection from excessive force. A crucial element is that the violation must have occurred under the guise of state authority, meaning the government actor was acting in their official capacity or using state power to deprive the individual of their rights. Section 1983 allows for compensatory damages (e.g., medical expenses, lost wages) and, in some cases, punitive damages and attorney's fees.
Do sick and injured inmates have a right to health care while incarcerated?
Yes. The U.S. Supreme Court has long recognized that prisoners have a constitutional right to adequate health care through the Eighth Amendment’s ban on “cruel and unusual” punishment. To constitute an Eighth Amendment violation, prison personnel must act with “deliberate indifference to serious medical needs of prisoners.” However, like any patient, inmates have the right to be treated in a non-negligent manner. In other words, even if inadequate health care does not rise to the level of a constitutional violation, state negligence standards still may be violated. Enforcing these rights in court, however, can be very difficult for inmates.
What is medical malpractice in the context of a prison?
In a prison context, medical malpractice refers to situations where healthcare providers within a correctional facility provide substandard medical care, resulting in harm to the inmate. This can include misdiagnosis, delayed treatment, inadequate care, or failing to provide necessary medication, leading to a breach of the duty of care owed to the inmate.
How does a prisoner receive health care?
Incarcerated individuals receive healthcare primarily through in-facility clinics and hospitals, often contracting with regional hospitals for specialized care. Inmates typically need to request medical attention, and prison staff can assist in accessing needed care. While legal obligations require medical care provision, quality and access can vary significantly.
Why would governments turn to private prison companies to provide health care services?
Governments might turn to private prison companies for healthcare services primarily due to the potential for cost reduction and the ability to quickly address overcrowding. While proponents argue privatization can lead to efficiencies, critics raise concerns about the potential for compromising the quality of care and rehabilitation for inmates.
If a jail denies an inmate of medical care, are they liable for medical malpractice?
If an inmate is provided inadequate health care, it can lead to serious consequences, including preventable illnesses, injuries, and even death. In some cases, this failure to provide adequate care can be deemed a violation of the inmate's Eighth Amendment right to be free from cruel and unusual punishment.
What are the potential legal consequences in police use of force cases?
Police officers accused of using excessive force can face both criminal and civil consequences. In criminal cases, officers may be charged with assault, manslaughter, or even murder depending on the circumstances. If found guilty, they can face imprisonment and other criminal penalties. In civil cases, victims of excessive force or their families can file lawsuits seeking compensation for damages, including medical expenses, pain and suffering, and loss of income. Expert legal representation is crucial in navigating both the criminal and civil aspects of these cases.
