HB 318 would create a new legal claim in New Mexico for individuals whose rights protected by the U.S. Constitution (such as free speech or due process) are intentionally obstructed, prevented, or infringed by another person using unlawful means like force, fraud, or coercion. It allows affected residents to sue the responsible individual in district court within three years of the violation, following the same rules as existing intentional tort cases. The bill directly affects New Mexico residents who experience such constitutional rights violations and the individuals who cause them, regardless of whether the violator was acting as a government official. This provides a new remedy for damages but does not alter the underlying constitutional rights themselves.
SB 146 amends New Mexico's Civil Rights Act to change how people can sue government entities for rights violations. It directly affects residents who claim government actions violated their constitutional rights, such as police misconduct or school policies. Key changes include: reducing the maximum total damages from $2 million to $750,000 per incident (with separate limits for property, medical costs, and other damages), shortening the filing deadline from 3 to 2 years, requiring written notice before suing, and banning double recovery from both this act and the Tort Claims Act. The bill also removes punitive damages and clarifies that government employees can't sue under this act for job-related issues.
