N.M. Stat. § 4-46-1 (2026)

In all suits or proceedings by or against a county, the name in which the county shall
sue or be sued shall be the board of county commissioners of the county of . . . . . . . . .
., but this provision shall not prohibit county officers, when authorized by law, from suing
in their name of office for the benefit of the county.

History: Laws 1876, ch. 1, § 4; C.L. 1884, § 335; C.L. 1897, § 654; Code 1915, § 1152;
C.S. 1929, § 33-3701; 1941 Comp., § 15-4301; 1953 Comp., § 15-45-1.

                                     ANNOTATIONS

Cross references. — For the Tort Claims Act, see 41-4-1 NMSA 1978 et seq.

Lawsuit alleging claims against county detention center must name board of
county commissioners as a defendant. — Where plaintiff filed a lawsuit asserting
claims against the Bernalillo county metropolitan detention center (BCMDC) for
violations of the New Mexico Tort Claims Act (NMTCA) after plaintiff was remanded to
BCMDC to participate in a methadone program to decrease his level of dependence so
that he would not incur life endangering withdrawal symptoms, but nonetheless suffered
life threatening withdrawal symptoms for approximately two months, BCMDC was not a
suable entity under the NMTCA, because 4-46-1 NMSA 1978 provides a limitation on
the NMTCA, requiring that the proper defendant in all suits against a county is the
county’s board of county commissioners. Gallegos v. Bernalillo County Board of County
Commissioners, 272 F.Supp.3d 1256 (D.N.M. 2017).

County sheriff lacks the capacity to be sued, even under federal statutes. —
Where former New Mexico county sheriff's office employee brought a court action
against the Taos county sheriff's office alleging discrimination and retaliation in violation
of the New Mexico Human Rights Act, the federal Americans with Disabilities Act, as
well as a state law claim for retaliatory termination against public policy, and where
defendant moved to dismiss plaintiff's complaint on the basis that the Taos county
sheriff's office is not a suable entity, the federal district court granted defendant's motion
because a straightforward application of this section suggests that plaintiff must name
the board of county commissioners of Taos county, rather than the Taos county sheriff's
office, as the defendant in this case. Moreover, despite the authority of elected officials
such as the Taos county sheriff, the board of county commissioners, through the county
manager, was authorized and empowered to establish by ordinance a merit system for
the hiring, promotion, discharge and general regulation of the deputies and the
employees of the county sheriff's office. Lamendola v. Taos County Sheriff's Office, 338
F.Supp.3d 1244 (D. N.M. 2018).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations,
Counties, and Other Political Subdivisions §§ 786, 791.

Abrogation of state's immunity from liability of suit as affecting immunity of county, 161
A.L.R. 367.

Power of county or its officials to compromise claim, 15 A.L.R.2d 1359.

Liability of county for torts in connection with activities which pertain, or are claimed to
pertain, to private or proprietary function, 16 A.L.R.2d 1079.

Liability for damages in tort of state or governmental unit in operating hospital, 25
A.L.R.2d 203, 18 A.L.R.4th 858.

Insurance: liability or indemnity insurance carried by governmental unit as affecting
immunity from tort liability, 68 A.L.R.2d 1437.

Right of one governmental subdivision to sue another such subdivision for damages, 11
A.L.R.5th 630.

20 C.J.S. Counties § 254.