applicability of qualified immunity in New Mexico

2020Beesley contends that even if the district court’s reasoning in deciding the issue of qualified immunity “is less than transparent,” the district court’s determination that he was entitled to qualified immunity with respect to Plaintiff’s civil rights claims was “indisputably correct as a matter of law[,]” and is dispositive of the § 1983 claim. {10} “The applicability of qualified immunity is a question of law that we review de novo.” Starko v. Gallegos, 2006-NMCA-085, ¶ 11 , 140 N.M. 136 , 140 P.3d 1085 .

2020Beesley contends that even if the district court’s reasoning in deciding the issue of qualified immunity “is less than transparent,” the district court’s determination that he was entitled to qualified immunity with respect to Plaintiff’s civil rights claims was “indisputably correct as a matter of law[,]” and is dispositive of the § 1983 claim. {10} “The applicability of qualified immunity is a question of law that we review de novo.” Starko v. Gallegos, 2006-NMCA-085, ¶ 11 , 140 N.M. 136 , 140 P.3d 1085 .

2020While “[§] 1983 provides a cause of action for money damages against a state official in his or her individual capacity for the deprivation of federal constitutional or statutory rights[,]” Garcia-Montoya v. State Treasurer’s Office, 2001-NMSC-003, ¶ 8 , 130 N.M. 25 , 16 P.3d 1084 , “an individual official’s liability is limited by the doctrine of qualified immunity, which shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person w

2020While “[§] 1983 provides a cause of action for money damages against a state official in his or her individual capacity for the deprivation of federal constitutional or statutory rights[,]” Garcia-Montoya v. State Treasurer’s Office, 2001-NMSC-003, ¶ 8 , 130 N.M. 25 , 16 P.3d 1084 , “an individual official’s liability is limited by the doctrine of qualified immunity, which shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person w

2019Starko, Inc. v. Gallegos, 2006-NMCA-085, ¶ 11 , 140 N.M. 136 , 140 P.3d 1085 (holding that the applicability of qualified immunity is a question of law); see also Scott v. Harris, 550 U.S. 372 , 381 n.8 (2007) (holding that on summary judgment, once the relevant facts are determined and the court has drawn all inferences in favor of the nonmoving party, reasonableness of Fourth Amendment seizure is a “pure question of 2The district court concluded that, because Plaintiff’s constitutional claims against the individual Defendants failed, his claim against the City of Santa Fe (Count IV) and his

2019Plaintiff does not contest this on appeal, but does assert that “If [he] prevails in this appeal concerning the issues presented herein, his state law claims must also remain as his state law claims were dismissed as a direct result of the dismissal of his Fourth Amendment claims.” Because we hold that Plaintiff cannot prevail on his federal civil rights claims, we need not reach the question of whether he has correctly stated the law governing his state law claims. law”); Medina v. Cram, 252 F.3d 1124, 1131 (10th Cir. 2001) (holding that whether police officers asserting qualified immunity de

2009See Starko, Inc. v. Gallegos, 2006-NMCA-085, ¶ 11 , 140 N.M. 136 , 140 P.3d 1085 (“The applicability of qualified immunity is a question of law that we review de novo.”); Candelaria v. Robinson, 93 N.M. 786, 789 , 606 P.2d 196, 199 (Ct.App.1980) (identifying issues of absolute immunity as questions of law).

2009See Starko, Inc. v. Gallegos, 2006-NMCA-085, ¶ 11 , 140 N.M. 136 , 140 P.3d 1085 (“The applicability of qualified immunity is a question of law that we review de novo.”); Candelaria v. Robinson, 93 N.M. 786, 789 , 606 P.2d 196, 199 (Ct.App.1980) (identifying issues of absolute immunity as questions of law).

2006Hourigan v. Cassidy, 2001-NMCA-085, ¶ 12 , 131 N.M. 141 , 33 P.3d 891 ; see also Cockrell v. Bd. of Regents of NMSU, 1999-NMCA-073, ¶¶ 25, 26 , 127 N.M. 478 , 983 P.2d 427 (holding that where there are no “core, fact-related disputes” as to what occurred, then qualified immunity may be decided as a matter of law), cert. granted, 129 N.M. 250 , 4 P.3d 1241 , cert. granted, judgment vacated on other grounds by 527 U.S. 1032 , 119 S.Ct. 2389 , 144 L.Ed.2d 791 (1999), appeal after remand, 2002-NMSC-009 , 132 N.M. 156 , 45 P.3d 876 . {12} Qualified immunity grants not only immunity from damages but

2006Hourigan v. Cassidy, 2001-NMCA-085, ¶ 12 , 131 N.M. 141 , 33 P.3d 891 ; see also Cockrell v. Bd. of Regents of NMSU, 1999-NMCA-073, ¶¶ 25, 26 , 127 N.M. 478 , 983 P.2d 427 (holding that where there are no “core, fact-related disputes” as to what occurred, then qualified immunity may be decided as a matter of law), cert. granted, 129 N.M. 250 , 4 P.3d 1241 , cert. granted, judgment vacated on other grounds by 527 U.S. 1032 , 119 S.Ct. 2389 , 144 L.Ed.2d 791 (1999), appeal after remand, 2002-NMSC-009 , 132 N.M. 156 , 45 P.3d 876 . {12} Qualified immunity grants not only immunity from damages but

2006Hourigan v. Cassidy, 2001-NMCA-085, ¶ 12 , 131 N.M. 141 , 33 P.3d 891 ; see also Cockrell v. Bd. of Regents of NMSU, 1999-NMCA-073, ¶¶ 25, 26 , 127 N.M. 478 , 983 P.2d 427 (holding that where there are no “core, fact-related disputes” as to what occurred, then qualified immunity may be decided as a matter of law), cert. granted, 129 N.M. 250 , 4 P.3d 1241 , cert. granted, judgment vacated on other grounds by 527 U.S. 1032 , 119 S.Ct. 2389 , 144 L.Ed.2d 791 (1999), appeal after remand, 2002-NMSC-009 , 132 N.M. 156 , 45 P.3d 876 . {12} Qualified immunity grants not only immunity from damages but

2006Hourigan v. Cassidy, 2001-NMCA-085, ¶ 12 , 131 N.M. 141 , 33 P.3d 891 ; see also Cockrell v. Bd. of Regents of NMSU, 1999-NMCA-073, ¶¶ 25, 26 , 127 N.M. 478 , 983 P.2d 427 (holding that where there are no “core, fact-related disputes” as to what occurred, then qualified immunity may be decided as a matter of law), cert. granted, 129 N.M. 250 , 4 P.3d 1241 , cert. granted, judgment vacated on other grounds by 527 U.S. 1032 , 119 S.Ct. 2389 , 144 L.Ed.2d 791 (1999), appeal after remand, 2002-NMSC-009 , 132 N.M. 156 , 45 P.3d 876 . {12} Qualified immunity grants not only immunity from damages but

2006Hourigan v. Cassidy, 2001-NMCA-085, ¶ 12 , 131 N.M. 141 , 33 P.3d 891 ; see also Cockrell v. Bd. of Regents of NMSU, 1999-NMCA-073, ¶¶ 25, 26 , 127 N.M. 478 , 983 P.2d 427 (holding that where there are no “core, fact-related disputes” as to what occurred, then qualified immunity may be decided as a matter of law), cert. granted, 129 N.M. 250 , 4 P.3d 1241 , cert. granted, judgment vacated on other grounds by 527 U.S. 1032 , 119 S.Ct. 2389 , 144 L.Ed.2d 791 (1999), appeal after remand, 2002-NMSC-009 , 132 N.M. 156 , 45 P.3d 876 . {12} Qualified immunity grants not only immunity from damages but

2006Hourigan v. Cassidy, 2001-NMCA-085, ¶ 12 , 131 N.M. 141 , 33 P.3d 891 ; see also Cockrell v. Bd. of Regents of NMSU, 1999-NMCA-073, ¶¶ 25, 26 , 127 N.M. 478 , 983 P.2d 427 (holding that where there are no “core, fact-related disputes” as to what occurred, then qualified immunity may be decided as a matter of law), cert. granted, 129 N.M. 250 , 4 P.3d 1241 , cert. granted, judgment vacated on other grounds by 527 U.S. 1032 , 119 S.Ct. 2389 , 144 L.Ed.2d 791 (1999), appeal after remand, 2002-NMSC-009 , 132 N.M. 156 , 45 P.3d 876 . {12} Qualified immunity grants not only immunity from damages but

2006Hourigan v. Cassidy, 2001-NMCA-085, ¶ 12 , 131 N.M. 141 , 33 P.3d 891 ; see also Cockrell v. Bd. of Regents of NMSU, 1999-NMCA-073, ¶¶ 25, 26 , 127 N.M. 478 , 983 P.2d 427 (holding that where there are no “core, fact-related disputes” as to what occurred, then qualified immunity may be decided as a matter of law), cert. granted, 129 N.M. 250 , 4 P.3d 1241 , cert. granted, judgment vacated on other grounds by 527 U.S. 1032 , 119 S.Ct. 2389 , 144 L.Ed.2d 791 (1999), appeal after remand, 2002-NMSC-009 , 132 N.M. 156 , 45 P.3d 876 . {12} Qualified immunity grants not only immunity from damages but

2006Hourigan v. Cassidy, 2001-NMCA-085, ¶ 12 , 131 N.M. 141 , 33 P.3d 891 ; see also Cockrell v. Bd. of Regents of NMSU, 1999-NMCA-073, ¶¶ 25, 26 , 127 N.M. 478 , 983 P.2d 427 (holding that where there are no “core, fact-related disputes” as to what occurred, then qualified immunity may be decided as a matter of law), cert. granted, 129 N.M. 250 , 4 P.3d 1241 , cert. granted, judgment vacated on other grounds by 527 U.S. 1032 , 119 S.Ct. 2389 , 144 L.Ed.2d 791 (1999), appeal after remand, 2002-NMSC-009 , 132 N.M. 156 , 45 P.3d 876 . {12} Qualified immunity grants not only immunity from damages but

2006Hourigan v. Cassidy, 2001-NMCA-085, ¶ 12 , 131 N.M. 141 , 33 P.3d 891 ; see also Cockrell v. Bd. of Regents of NMSU, 1999-NMCA-073, ¶¶ 25, 26 , 127 N.M. 478 , 983 P.2d 427 (holding that where there are no “core, fact-related disputes” as to what occurred, then qualified immunity may be decided as a matter of law), cert. granted, 129 N.M. 250 , 4 P.3d 1241 , cert. granted, judgment vacated on other grounds by 527 U.S. 1032 , 119 S.Ct. 2389 , 144 L.Ed.2d 791 (1999), appeal after remand, 2002-NMSC-009 , 132 N.M. 156 , 45 P.3d 876 . {12} Qualified immunity grants not only immunity from damages but

2001See Silva v. Town of Springer, 121 N.M. 428, 434 , 912 P.2d 304, 310 (Ct.App.1996).

2001See Silva v. Town of Springer, 121 N.M. 428, 434 , 912 P.2d 304, 310 (Ct.App.1996).

1996The test for determining the applicability of qualified immunity was recently discussed by this Court in Yount v. Millington, 117 N.M. 95, 98 , 869 P.2d 283, 286 (Ct.App.1993), cert. denied, 117 N.M. 121 , 869 P.2d 820 (1994).

1996The test for determining the applicability of qualified immunity was recently discussed by this Court in Yount v. Millington, 117 N.M. 95, 98 , 869 P.2d 283, 286 (Ct.App.1993), cert. denied, 117 N.M. 121 , 869 P.2d 820 (1994).