Civil rights exist to protect people from abuse of power. They are the promises that ensure government agencies, like police departments, treat people fairly and lawfully. When those promises are broken, the consequences can be severe. Victims of civil rights violations in Farmington and across New Mexico often face broken bones, traumatic brain injuries, false arrests, and long-lasting emotional scars.
If you or a loved one has been harmed during an encounter with law enforcement, during detention, or through another abuse of authority, you may have the right to file a civil rights claim. These claims are not simple. They involve strict deadlines, complex rules, and determined opponents. Still, with the right approach, they can be powerful tools to hold government officials accountable and to recover the compensation you deserve. A skilled Farmington civil rights lawyer can use those tools to ensure your case has the best chance to succeed.
When a Police Encounter Becomes a Civil Rights Violation
Not every frustrating or unpleasant interaction with law enforcement qualifies as a civil rights violation. The law requires actions beyond rudeness or simple mistakes. In New Mexico, situations that may give rise to a civil rights claim include the following:
- Excessive force: When police use more force than necessary to control a situation, injuries often follow. Hitting or tasing someone who is already restrained can be excessive.
- False arrest and unlawful detention: If you are arrested or held without probable cause, your rights may have been violated.
- Illegal searches and seizures: The Constitution protects against unreasonable searches. If officers enter your home without a valid warrant or legal justification, you may have grounds for a claim.
- Denial of due process: Everyone has the right to basic fairness in criminal proceedings. Being refused access to a lawyer or not being told the charges against you are common examples.
- Mistreatment while in custody: Civil rights do not end at the jailhouse door. Denial of medical care, unsafe conditions, or physical abuse by jail staff can all be actionable.
- Discrimination: Public officials cannot treat you differently based on race, gender, disability, or other protected characteristics.
What a Civil Rights Violation Could Look Like
Imagine being pulled over in Farmington for a minor traffic violation. You comply with instructions, but the officer forcibly removes you from the car and slams you onto the pavement, causing a head injury. Later, no charges are filed. That incident could support a civil rights claim for both excessive force and unlawful detention.
What is The New Mexico Civil Rights Act?
For decades, civil rights lawsuits in New Mexico faced a major obstacle: qualified immunity. This legal doctrine shielded government employees from liability unless the victim could show that the violation involved a “clearly established” right. In practice, many valid claims were thrown out.
In 2021, the New Mexico Civil Rights Act changed the landscape. This law eliminated qualified immunity in state court. Now, New Mexicans can file lawsuits directly against public employees and agencies when their rights are violated.
The Act also provides for compensation that may include:
- Medical bills and rehabilitation costs
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Punitive damages in limited cases where misconduct was especially harmful
The Civil Rights Act works together with the New Mexico Tort Claims Act. The Tort Claims Act sets procedural requirements and limits in cases against government bodies. Understanding how these two laws interact is key to a successful claim.
How Does the Claim Process Work for Civil Rights Cases?
Filing a civil rights claim in New Mexico is not as straightforward as filing a typical personal injury lawsuit. There are additional steps and stricter deadlines. The process often looks like this:
- Consultation and evaluation: The first step is to meet with an attorney who can evaluate whether the facts of your case support a civil rights claim under state or federal law.
- Notice of claim: When suing a public agency, you generally must file notice within ninety days of the incident. This notice informs the agency of your intention to sue. Missing this step can end your case before it begins.
- Investigation and evidence gathering: Attorneys collect critical evidence such as police body camera footage, medical records, photographs, and witness statements. They may also use subpoenas or court orders to obtain materials that agencies refuse to release voluntarily.
- Filing the lawsuit: Once the claim is filed, the case enters the court system. The complaint outlines the details of the violation and the damages being sought.
- Discovery: Both sides exchange evidence and conduct depositions. Discovery can take months and requires careful preparation.
- Pre-trial motions: Attorneys may file motions to dismiss claims, exclude evidence, or even attempt to resolve the case before trial.
- Trial or settlement: Some cases settle out of court. Others proceed to trial, where a judge or jury will decide whether the government is liable and how much compensation is appropriate.
The process is demanding, but it is designed to uncover the truth and hold the government accountable.
Challenges You May Face in Your Civil Rights Claims
Civil rights lawsuits are often uphill battles. Victims should be prepared for common challenges, such as:
- Qualified immunity in federal court: While eliminated in New Mexico state court, qualified immunity still applies in federal cases.
- Delays and resistance: Police departments and government agencies may resist turning over evidence, forcing attorneys to fight for access.
- Tight deadlines: The ninety-day notice requirement is far shorter than most other injury cases.
- Damage caps: In certain situations, the law may limit how much compensation you can recover.
- Emotional strain: Suing the police can be stressful, especially when you are still healing from injuries.
An experienced attorney can anticipate these obstacles and guide you through them.
FAQs About Civil Rights Injury Claims
What is qualified immunity?
Qualified immunity is a defense that protects government employees from lawsuits unless they violated a clearly established right. In federal court, this defense still applies. The New Mexico Civil Rights Act removed this protection at the state level, making it easier to bring claims in New Mexico courts.
What kind of evidence is most useful?
The strongest evidence often includes police body camera recordings, dash camera footage, photographs of injuries, medical records, witness statements, and police reports. Expert testimony, such as medical specialists or law enforcement experts, can also play a key role.
Can I sue if I was resisting arrest?
It depends on the circumstances. Even if you were resisting, officers are not permitted to use more force than is reasonably necessary. Excessive force claims may still be valid in those situations.
Can I sue for emotional distress?
Yes. Psychological harm such as anxiety, depression, or post-traumatic stress disorder can be included in your damages if supported by medical documentation.
How long do I have to file?
You must typically provide notice within ninety days and file the lawsuit within two years. Wrongful death claims may allow up to six months for notice. Waiting too long can mean losing your right to sue.
What if I was injured at a protest?
Civil rights protections apply in protest situations as well. If police used unlawful force, carried out illegal arrests, or violated your First Amendment rights, you may be able to pursue a claim.
Can I bring both state and federal claims?
Yes. Many cases involve both. Your attorney can advise whether pursuing state court, federal court, or both gives you the best chance of success.
How much does it cost to hire a civil rights lawyer?
Most civil rights attorneys, including personal injury lawyers, work on a contingency fee basis. This means you do not pay upfront. Instead, the lawyer is paid a percentage of the recovery if the case is successful.
What damages can I recover?
You may be entitled to compensation for medical expenses, lost income, reduced earning capacity, pain and suffering, emotional trauma, and sometimes punitive damages. The exact amount depends on the facts of your case.
Why Local Representation Matters to Your Case
Civil rights cases often turn on local practices and procedures. A lawyer familiar with Farmington, San Juan County, and the broader New Mexico legal system like Shellie Patscheck will understand how local police departments operate and how courts handle these cases. Local knowledge can be a major advantage when gathering evidence, preparing witnesses, and anticipating defense strategies.
Talk to a Civil Rights Attorney in Farmington, NM
If your rights have been violated by law enforcement or another government agency in New Mexico, you deserve to be heard. At Patscheck Law, we represent victims of civil rights violations with determination and compassion. Our team understands the pain, frustration, and fear that often follow these incidents, and we are ready to fight for justice on your behalf.
Contact us today for a free consultation. We will review your situation, explain your options, and help you decide on the best path forward. You do not have to face this battle alone.