New Mexico House Bill (HB) 4

House Bill 4 (HB 4) creates the “New Mexico Civil Rights Act.” The Act gives a person who claims deprivation of “rights, privileges or immunities” secured by the New Mexico Constitution the right to bring a lawsuit in state district court and recover actual damages and injunctive relief. In addition to actual damages, the Act provides that a person who prevails in a lawsuit brought under the Act is entitled to an award of reasonable attorney fees and litigation expenses. The Act prohibits a public body, or those acting on the public body’s behalf who are sued under the Act from using “qualified immunity” as a defense.