New Mexico Civil Rights Act Didn’t Raise Lawsuit Costs or Officer Resignations

A new study presented to New Mexico lawmakers found that the state’s Civil Rights Act did not lead to a significant increase in lawsuits or police resignations in its first years of operation.

The study, titled 'Watching the Sky Not Fall: A Quantitative Study of the Impact of the NMCRA,' analyzed data from 2017 to 2023 in New Mexico, Colorado, Washington, and Utah. It found no marked increase in lawsuits, settlements, or officer resignations in the two states that eliminated qualified immunity.

Joanna Schwartz, a law professor who co-authored the study, noted that some New Mexico law enforcement agencies did not provide full records, limiting the research’s scope. She emphasized that more data is needed before definitive conclusions can be drawn about the law’s full impact.

Schwartz also pointed out that resignation rates peaked in all four states in 2021, likely due to national protests following George Floyd’s murder. Insurance costs rose across all states during the period, but no link was found between the rise and the civil rights laws.

Despite the study’s findings, officials from the New Mexico Association of Counties urged lawmakers to consider amendments to the law. They proposed caps on damages, restrictions on attorney fees, and requirements for advance notice before lawsuits are filed.

Grace Philips, the association’s risk management director, expressed concerns about the law’s financial impact on insurance pools. She called for a return to the original $2 million cap on claims, which increases annually based on cost-of-living metrics.