10 New Mexico opinions name it 2 courts 1964–2024 1 in the last five years
The cases below were cited by New Mexico courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Carrillo v. Rostrogreen2 sentences2004Carrillo, 114 N.M. at 614-16 , 845 P.2d at 137-39 ; Chavez v. Bd. of County Comm’rs, 2001-NMCA-065, ¶ 10 , 130 N.M. 753 , 31 P.3d 1027 ; Sugg v. Albuquerque Pub. 2003See id. at 610, 616-17, 845 P.2d at 133, 139-40 . {32} Carrillo was a civil rights action in which defendant school board members raised the defense of qualified immunity. | 2 | 3 |
State v. Smithgreen1 sentence2024See Smith, 2004-NMSC-032, ¶ 8 . {17} Section 41-4A-12, which is titled “Prospective application,” states, “Claims arising solely from acts or omissions that occurred prior to July 1, 2021 may not be brought pursuant to the [CRA].” Plaintiffs acknowledge their claims are based on actions before July 1, 2021, but assert that “[n]o legislative comment or any part of the [CRA] speaks to whether the defense of qualified immunity has prospective application only. | 1 | 1 |
Rebecca Warner and Pamela Ann Laxton v. Grand County, Ron Richmond, James B. Nyland and Robin A. Parkergreen2 sentences2020Warner, 57 F.3d at 967 (holding that “a private individual who performs a government function pursuant to a state order or request is entitled to qualified immunity if a state official would have been entitled to such immunity had he performed the function himself”); Rodriques, 950 F.2d at 815 (holding that a doctor was entitled to the defense of qualified immunity where his liability was “asserted upon the fact that he operated as a state actor in conducting a search procedure traditionally within the power of the [s]tate”). 2020Warner, 57 F.3d at 967 (holding that “a private individual who performs a government function pursuant to a state order or request is entitled to qualified immunity if a state official would have been entitled to such immunity had he performed the function himself”); Rodriques, 950 F.2d at 815 (holding that a doctor was entitled to the defense of qualified immunity where his liability was “asserted upon the fact that he operated as a state actor in conducting a search procedure traditionally within the power of the [s]tate”). | 1 | 1 |
Shirley Mello Rodriques v. Joseph Furtadogreen2 sentences2020Warner, 57 F.3d at 967 (holding that “a private individual who performs a government function pursuant to a state order or request is entitled to qualified immunity if a state official would have been entitled to such immunity had he performed the function himself”); Rodriques, 950 F.2d at 815 (holding that a doctor was entitled to the defense of qualified immunity where his liability was “asserted upon the fact that he operated as a state actor in conducting a search procedure traditionally within the power of the [s]tate”). 2020Warner, 57 F.3d at 967 (holding that “a private individual who performs a government function pursuant to a state order or request is entitled to qualified immunity if a state official would have been entitled to such immunity had he performed the function himself”); Rodriques, 950 F.2d at 815 (holding that a doctor was entitled to the defense of qualified immunity where his liability was “asserted upon the fact that he operated as a state actor in conducting a search procedure traditionally within the power of the [s]tate”). | 1 | 1 |
Gross v. Pirtlegreen1 sentence2006Cockrell, 1999-NMCA-073, ¶ 8 , 127 N.M. 478 , 983 P.2d 427 (internal quotation marks omitted); see also Gross v. Pirtle, 245 F.3d 1151, 1155 (10th Cir.2001) (stating that to defeat qualified immunity, a plaintiff must satisfy a “heavy two-part burden”). {13} We analyze the defense of qualified immunity in two steps. | 1 | 1 |
Firestone Tire & Rubber Co. v. Risjordgreen1 sentence2003See id. at 610, 616-17, 845 P.2d at 133, 139-40 . {32} Carrillo was a civil rights action in which defendant school board members raised the defense of qualified immunity. | 1 | 1 |
Romero v. Sanchezgreen2 sentences1999DISCUSSION The Qualified Immunity Defense and Summary Judgment {8} Government officials performing discretionary functions are entitled to qualified immunity from suit under § 1983 as long as “their conduct [did] not violate clearly established [federal] statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982); accord Romero v. Sanchez, 119 N.M. 690, 692 , 895 P.2d 212, 214 (1995); Kennedy v. Dexter Consol. 1999DISCUSSION The Qualified Immunity Defense and Summary Judgment {8} Government officials performing discretionary functions are entitled to qualified immunity from suit under § 1983 as long as “their conduct [did] not violate clearly established [federal] statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982); accord Romero v. Sanchez, 119 N.M. 690, 692 , 895 P.2d 212, 214 (1995); Kennedy v. Dexter Consol. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Mexico. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Doe v. Leach
green
2 sentences2020“For a right to be clearly established, the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Doe v. Leach, 1999-NMCA- 117, ¶ 10, 128 N.M. 28 , 988 P.2d 1252 (alteration, internal quotation marks, and citation omitted). 2020“For a right to be clearly established, the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Doe v. Leach, 1999-NMCA- 117, ¶ 10, 128 N.M. 28 , 988 P.2d 1252 (alteration, internal quotation marks, and citation omitted). | 1 | 2020–2020 |
Benavidez v. Shutiva
green
2 sentences2020The parties do not dispute that Beesley functioned as a state actor here. {12} Once a defense of qualified immunity has been raised by a defendant, in order to defeat it, the “plaintiff must demonstrate that (1) the defendant’s alleged conduct violated a constitutional or statutory right, and (2) the right was clearly established at the time of the [alleged] conduct.” Benavidez v. Shutiva, 2015-NMCA-065, ¶ 6 , 350 P.3d 1234 (internal quotation marks and citation omitted). 2020The parties do not dispute that Beesley functioned as a state actor here. {12} Once a defense of qualified immunity has been raised by a defendant, in order to defeat it, the “plaintiff must demonstrate that (1) the defendant’s alleged conduct violated a constitutional or statutory right, and (2) the right was clearly established at the time of the [alleged] conduct.” Benavidez v. Shutiva, 2015-NMCA-065, ¶ 6 , 350 P.3d 1234 (internal quotation marks and citation omitted). | 1 | 2020–2020 |
King v. Allstate Insurance
green
2 sentences2008Co., 2004-NMCA-031, ¶16 , 135 N.M. 206 , 86 P.3d 631 (citations omitted). 2008Co., 2004-NMCA-031, ¶16 , 135 N.M. 206 , 86 P.3d 631 (citations omitted). | 1 | 2008–2008 |
Cockrell v. Board of Regents of New Mexico State University
green
2 sentences2006Cockrell, 1999-NMCA-073, ¶ 8 , 127 N.M. 478 , 983 P.2d 427 (internal quotation marks omitted); see also Gross v. Pirtle, 245 F.3d 1151, 1155 (10th Cir.2001) (stating that to defeat qualified immunity, a plaintiff must satisfy a “heavy two-part burden”). {13} We analyze the defense of qualified immunity in two steps. 2006Cockrell, 1999-NMCA-073, ¶ 8 , 127 N.M. 478 , 983 P.2d 427 (internal quotation marks omitted); see also Gross v. Pirtle, 245 F.3d 1151, 1155 (10th Cir.2001) (stating that to defeat qualified immunity, a plaintiff must satisfy a “heavy two-part burden”). {13} We analyze the defense of qualified immunity in two steps. | 1 | 2006–2006 |
Garcia-Montoya v. State Treasurer's Office
green
2 sentences2006In the first step, a court “must first determine whether the plaintiff has alleged the deprivation of an actual constitutional right at all.” Garcia-Montoya, 2001-NMSC-003, ¶ 9 , 130 N.M. 25 , 16 P.3d 1084 (internal quotation marks and citation omitted); accord Kennedy v. Dexter Consol. 2006In the first step, a court “must first determine whether the plaintiff has alleged the deprivation of an actual constitutional right at all.” Garcia-Montoya, 2001-NMSC-003, ¶ 9 , 130 N.M. 25 , 16 P.3d 1084 (internal quotation marks and citation omitted); accord Kennedy v. Dexter Consol. | 1 | 2006–2006 |
Chavez v. Board of County Commissioners
green
2 sentences2004Carrillo, 114 N.M. at 614-16 , 845 P.2d at 137-39 ; Chavez v. Bd. of County Comm’rs, 2001-NMCA-065, ¶ 10 , 130 N.M. 753 , 31 P.3d 1027 ; Sugg v. Albuquerque Pub. 2004Carrillo, 114 N.M. at 614-16 , 845 P.2d at 137-39 ; Chavez v. Bd. of County Comm’rs, 2001-NMCA-065, ¶ 10 , 130 N.M. 753 , 31 P.3d 1027 ; Sugg v. Albuquerque Pub. | 1 | 2004–2004 |
Harlow v. Fitzgerald
green
2 sentences1999DISCUSSION The Qualified Immunity Defense and Summary Judgment {8} Government officials performing discretionary functions are entitled to qualified immunity from suit under § 1983 as long as “their conduct [did] not violate clearly established [federal] statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982); accord Romero v. Sanchez, 119 N.M. 690, 692 , 895 P.2d 212, 214 (1995); Kennedy v. Dexter Consol. 1999DISCUSSION The Qualified Immunity Defense and Summary Judgment {8} Government officials performing discretionary functions are entitled to qualified immunity from suit under § 1983 as long as “their conduct [did] not violate clearly established [federal] statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982); accord Romero v. Sanchez, 119 N.M. 690, 692 , 895 P.2d 212, 214 (1995); Kennedy v. Dexter Consol. | 1 | 1999–1999 |
Rutan v. Republican Party of Illinois
green
2 sentences1995CONCLUSION "To the victor belong only those spoils that may be constitutionally obtained." Rutan, 497 U.S. at 64 , 110 S.Ct. at 2731 . 1995CONCLUSION "To the victor belong only those spoils that may be constitutionally obtained." Rutan, 497 U.S. at 64 , 110 S.Ct. at 2731 . | 1 | 1995–1995 |
Cohen v. Beneficial Industrial Loan Corp.
green
2 sentences1992Plaintiff sued under 42 U.S.C. § 1983 (1988) for defendants’ alleged violation of her First and Fourteenth Amendment right to speak at a public meeting. 1 The procedural question, which we must resolve first because it relates to our jurisdiction to hear this appeal, is whether the trial court’s denial of summary judgment on defendants’ qualified immunity defense is reviewable, before trial, under the collateral order doctrine adopted by the United States Supreme Court in Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 , 69 S.Ct. 1221 , 93 L.Ed. 1528 (1949). 1992Plaintiff sued under 42 U.S.C. § 1983 (1988) for defendants’ alleged violation of her First and Fourteenth Amendment right to speak at a public meeting. 1 The procedural question, which we must resolve first because it relates to our jurisdiction to hear this appeal, is whether the trial court’s denial of summary judgment on defendants’ qualified immunity defense is reviewable, before trial, under the collateral order doctrine adopted by the United States Supreme Court in Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 , 69 S.Ct. 1221 , 93 L.Ed. 1528 (1949). | 1 | 1992–1992 |
Gomez v. BOARD OF ED. OF DULCE IND. SCH. DIST. NO 21
green
2 sentences1992Id. 85 N.M. at 716 , 516 P.2d at 687 . 1992Id. 85 N.M. at 716 , 516 P.2d at 687 . | 1 | 1992–1992 |
Mitchell v. Forsyth
green
2 sentences1992Defendants based this assertion on Mitchell v. Forsyth, in which the Supreme Court held that a denial of qualified immunity on a Section 1983 claim is final and appealable under the collateral order doctrine. 472 U.S. at 530 , 105 S.Ct. at 2817 . 1992Defendants based this assertion on Mitchell v. Forsyth, in which the Supreme Court held that a denial of qualified immunity on a Section 1983 claim is final and appealable under the collateral order doctrine. 472 U.S. at 530 , 105 S.Ct. at 2817 . | 1 | 1992–1992 |
Colbert v. Journal Publishing Co.
green
2 sentences1964Appellant cites Colbert v. Journal Publishing Company, 19 N.M. 156 , 142 P. 146 ; Ward v. Ares, 29 N.M. 418 , 223 P. 766 ; and White v. Morrison, 62 N.M. 47 , 304 P.2d 572 , in support of this contention. 1964Appellant cites Colbert v. Journal Publishing Company, 19 N.M. 156 , 142 P. 146 ; Ward v. Ares, 29 N.M. 418 , 223 P. 766 ; and White v. Morrison, 62 N.M. 47 , 304 P.2d 572 , in support of this contention. | 1 | 1964–1964 |
Ward v. Ares
green
2 sentences1964Appellant cites Colbert v. Journal Publishing Company, 19 N.M. 156 , 142 P. 146 ; Ward v. Ares, 29 N.M. 418 , 223 P. 766 ; and White v. Morrison, 62 N.M. 47 , 304 P.2d 572 , in support of this contention. 1964Appellant cites Colbert v. Journal Publishing Company, 19 N.M. 156 , 142 P. 146 ; Ward v. Ares, 29 N.M. 418 , 223 P. 766 ; and White v. Morrison, 62 N.M. 47 , 304 P.2d 572 , in support of this contention. | 1 | 1964–1964 |
White v. Morrison
green
2 sentences1964Appellant cites Colbert v. Journal Publishing Company, 19 N.M. 156 , 142 P. 146 ; Ward v. Ares, 29 N.M. 418 , 223 P. 766 ; and White v. Morrison, 62 N.M. 47 , 304 P.2d 572 , in support of this contention. 1964Appellant cites Colbert v. Journal Publishing Company, 19 N.M. 156 , 142 P. 146 ; Ward v. Ares, 29 N.M. 418 , 223 P. 766 ; and White v. Morrison, 62 N.M. 47 , 304 P.2d 572 , in support of this contention. | 1 | 1964–1964 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.