New Mexico Police Misconduct Attorneys

Holding Law Enforcement Officers Accountable for Misconduct

Police officers are tasked with the responsibility of upholding the laws of New Mexico and the United States of America. When they fall short of this responsibility, whether through negligence or direct actions, they need to be held accountable. If you or your family has been negatively affected because a police officer abused their authority, the civil rights attorneys at Kennedy Law Firm can help.

Going up against authority, whether it is an individual police officer or the entire police department, takes courage. At the Kennedy Law Firm, we have the knowledge and experience to seek justice and fight for your rights in a court of law. Call our office today at (505) 588-5716 for a confidential consultation.

What Is Police Misconduct?

When officers swear to protect and serve the people in their jurisdiction, we expect them to take this oath seriously. However, the unfortunate truth is that police misconduct can and does happen in Albuquerque, Santa Fe, and the rest of New Mexico. Police misconduct isn’t just poor behavior, such as yelling or being rude. It generally needs to rise to a higher level and be either illegal or involve violations of the United States Constitution or the New Mexico Constitution.

Some examples of police misconduct include:

• Police brutality/excessive force. While officers are allowed to use reasonable force to detain a suspect or to protect themselves or others, unnecessary violence can rise to the level of misconduct.
• Discriminatory behavior. Officers are expected to apply the laws of the land without prejudice. Targeting individuals based on race, sexual orientation, or other protected characteristics could be discriminatory behavior.
• Illegal searches and seizures. In most cases, officers need a warrant or probable cause to execute a search. Without the proper authority, a search and seizure could be a violation of your constitutional rights.
• Unlawful arrest. In general, you cannot be arrested or taken into custody without probable cause or another type of legal justification.
• Failure to intervene. Police officers generally have a duty to intervene if they see another officer using excessive force or violating someone’s constitutional rights. An officer who knows misconduct is occurring and doesn’t do anything about it may be held liable.

Police misconduct can also involve other egregious situations, such as planting evidence or sexual misconduct. If you’re not sure whether your interactions with police rise to the level of misconduct, our attorneys can review the situation and provide legal guidance on potential next steps.

How Do You File a Complaint Against a Police Officer?

If you believe that an officer acted outside the bounds of the law or violated your constitutional rights during the interaction, you can make a formal complaint against the officer. In Albuquerque, you can file a complaint with the Civilian Police Oversight Agency (CPOA) either online, by phone, or by mail. In Santa Fe, complaints can be submitted directly to the Internal Affairs Division of the Santa Fe Police Department. The New Mexico Department of Justice also fields complaints of police misconduct, especially when they involve civil rights violations.

When completing the form, you will generally need to provide your information and the officer’s name. If you don’t know the officer’s name or badge number, you can provide a physical description and details about the date, time, and location of the incident, which can help the department identify who was there at that time. You’ll also need to provide a description of the incident and the names of any potential witnesses. It’s important to be as detailed as possible when providing information about the misconduct. If you’re not sure what to include, talking with an attorney before filing a complaint can help you be more prepared for this process.

While reporting officer misconduct when it happens is important, administrative complaints generally result in only internal disciplinary procedures, if any action is taken at all. If you are interested in holding the officer legally accountable and seeking compensation for damages, a police misconduct lawsuit provides an avenue to seek justice. In many cases, the initial administrative complaints can provide a timeline and documentation for a lawsuit, so it may be advisable to do both.

Can You Sue an Officer or the Police Department Because of Misconduct?

Police officers aren’t above the law, and those who abuse their power and standing can be held accountable through civil litigation. Depending on the circumstances of the case, it may be possible to sue either the officer themselves or the department. There’s also the option to pursue a claim in federal court or under the New Mexico Civil Rights Act, and there are some key differences between the two.

In a federal lawsuit that seeks justice for an officer’s misconduct, the plaintiff can sue either the officer or the department if there were extenuating circumstances, such as the department trying to cover up the officer’s behavior. Federal lawsuits generally involve violations of the plaintiff’s rights under the U.S. Constitution. These cases can be challenging, however, because qualified immunity may apply.

Qualified immunity is a legal term that means that police officers generally can’t be held personally liable for civil rights violations unless the officer violated a “clearly established law.” Historically, this has been difficult to establish, and the courts were more likely to side with the defendant in these cases. However, the New Mexico Civil Rights Act of 2021 changed this for those in New Mexico.

If an officer’s conduct violates the New Mexico Constitution, the victim can file a lawsuit in the state court. The New Mexico Civil Rights Act also specifically doesn’t allow qualified immunity as a defense, which has subsequently made it easier for victims to seek justice and get the compensation they deserve. If you’re not sure if you have a state- or federal-level case or who you can file the suit against, call our firm to learn more about your options.

What Damages Can You Be Awarded in a Police Misconduct Case?

What you could receive if you win a police misconduct lawsuit depends on the facts of your case. If you were injured as a result of the incident, you could be awarded compensation for financial losses related to those injuries, such as medical bills or lost wages from missing work. It’s also possible to receive compensation for non-tangible damages, such as pain and suffering, emotional distress, or a decrease in your quality of life.

Some police misconduct lawsuits also involve injunctive relief, which is when the court orders the police department or another government agency to make changes to prevent these issues from happening again. While injunctive relief isn’t part of the potential monetary compensation, many victims find satisfaction in knowing that they played a role in preventing similar harm to others in the future.

If you were a victim of police misconduct, you have rights and potential options when it comes to pursuing compensation for your damages and holding the officer and/or the department accountable. At Kennedy Law Firm, we help those who have been racially profiled by officers, have been injured as a result of police brutality, and have had their constitutional rights violated.

When you need help understanding civil rights law and how it applies to your specific case, the experienced police misconduct attorneys at Kennedy Law Firm are here for you. Call our office today at (505) 588-5716 to schedule a confidential consultation and start taking action to protect your rights.