How New Mexico Law Defines Excessive Force

Public trust in the Albuquerque Police Department and other local agencies relies on the principle that officers will only use the amount of force necessary to handle a situation. When an interaction with law enforcement leads to injury or death, the question of whether that force was legal becomes a central concern for victims and their families. Determining what constitutes excessive force under New Mexico law requires an analysis of both federal standards and state statutes designed to hold government entities accountable.

In New Mexico, the legal framework for evaluating police conduct has shifted significantly in recent years. While the United States Constitution provides a baseline for protection, our state has enacted specific laws that provide additional avenues for those whose rights have been violated. Understanding these rules is the first step toward seeking justice after a traumatic encounter with the state.

The Objective Reasonableness Standard in New Mexico

The foundational test for any use of force claim is objective reasonableness. This standard, established by the United States Supreme Court in Graham v. Connor, requires a court to view the facts and circumstances of each case from the perspective of a reasonable officer on the scene (Supreme Court of the United States, Graham v. Connor).

Judges and juries do not use the 20/20 vision of hindsight to evaluate an officer’s choices. Instead, they consider what the officer knew at the moment the force was applied. Under the Law Enforcement Officer Procedures Act, several factors are weighed to determine if force was lawful:

• The severity of the crime at issue
• Whether the person posed an immediate threat to the safety of the officer or others
• Whether the individual was actively resisting arrest or attempting to evade capture by flight (New Mexico Legislature, NMSA 1978 § 29-7D-3)

The Impact of the New Mexico Civil Rights Act

Before July 1, 2021, many victims of police misconduct in Albuquerque faced a significant legal hurdle known as qualified immunity. This federal doctrine often shielded government employees from liability unless their conduct violated a clearly established law that a reasonable person would have known.

The passage of the New Mexico Civil Rights Act (NMCRA) changed this landscape. Under NMSA 1978, § 41-4A-4, qualified immunity is no longer a defense for claims brought under the New Mexico Bill of Rights in state court. Qualified immunity no longer being a defense means that if a public employee violates your state constitutional rights, the government entity can be held responsible regardless of whether the specific right was clearly established in a prior court case.

This act focuses on the public body’s responsibility rather than on the individual officer. It ensures that the state or local government, such as the City of Albuquerque or a county sheriff’s department, is liable for the actions of its employees acting within the scope of their duties (New Mexico Legislature, NMSA 1978 § 41-4A-3).

Prohibited Tactics and the Duty to Intervene

New Mexico law now explicitly prohibits certain types of physical force unless specific, high-risk conditions are met. These rules are designed to prevent tragedies during arrests and detentions.

Chokeholds and Neck Restraints

Under current state law, the use of a chokehold or any action that involves placing weight on a person’s neck is generally prohibited. An officer may only use such force if a person’s attack poses a threat of imminent harm to the officer or a third person. Even then, the officer must stop the restraint as soon as the threat is gone (NMSA 1978 § 29-7D-3).

Prone Positioning

Transporting or restraining a person in a prone (face-down) position for longer than necessary is also restricted. Officers must release a person from this position as soon as they are secured or no longer pose a physical threat. This legal stipulation is intended to prevent positional asphyxiation (NMSA 1978 § 29-7D-3).

The Duty to Intervene

New Mexico law places a positive duty on officers to protect citizens from their own colleagues. If an officer observes another officer using force that a reasonable person would recognize as excessive, they must intervene to stop the conduct. Failing to do so can lead to disciplinary action and potential legal consequences for the witnessing officer (NMSA 1978 § 29-7D-5).

Local Standards: The Albuquerque Police Department (APD)

In Albuquerque, the police department operates under standard operating procedures (SOPs) that align with state law but provide more granular requirements. APD SOP 2-52 requires that officers use the minimum amount of force that is reasonable, necessary, and proportional to the threat (City of Albuquerque, SOP 2-52).

The department categorizes force into three levels:

• Level 1: Force likely to cause only transitory pain, such as guiding a subject or using certain de-escalation techniques
• Level 2: Force that causes or could reasonably be expected to cause injury, including chemical spray
• Level 3: Force that results in, or could reasonably result in, serious physical injury or death and includes any use of a firearm or a strike to the head (City of Albuquerque, SOP 2-57)

Deadlines for Filing a Claim

If you believe you have been a victim of excessive force, time is of the essence. While the New Mexico Civil Rights Act provides a three-year statute of limitations for filing a lawsuit (NMSA 1978 § 41-4A-8), claims against law enforcement require a notice of claim to be provided within one year (NMSA 1978 § 41-4A-3).

Even so, many cases fall under the New Mexico Tort Claims Act (NMTCA), which has much shorter notice requirements. Under the NMTCA, you generally must provide a formal notice to the government entity within 90 days of the incident (or six months in cases of wrongful death). Failing to meet these deadlines can bar you from seeking compensation (New Mexico General Services Department, NMTCA vs. § 1983).

Seeking Justice with Kennedy Law Firm

Our legal professionals believe that communities are only safe when those in power are held to the standards they are sworn to uphold. With more than 75 years of combined experience, our team at Kennedy Law Firm has built a reputation for fearless advocacy in New Mexico civil rights and police misconduct cases. Our lawyers and legal team work with national experts to uncover the truth and ensure the voices of the injured are heard. If you or a loved one has suffered due to an unlawful use of force, we are here to protect your privacy and your constitutional rights throughout the legal process.

Call us today at 505-588-5716 to discuss your situation. We can help you understand your options and take the next steps toward accountability.