N.M. Stat. » N.M. Stat. / Chapter 41 / Article 4A
New Mexico Statutes

N.M. Stat. § 41-4A-1 (2026)

Short title.

✓ current as of May 2026
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This act [41-4A-1 to 41-4A-13 NMSA 1978] may be cited as the "New Mexico Civil
Rights Act".

History: Laws 2021, ch. 119, § 1.

                                    ANNOTATIONS

Effective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 1 effective
July 1, 2021.
41-4A-2. Definition.
    As used in the New Mexico Civil Rights Act, "public body" means a state or local
government, an advisory board, a commission, an agency or an entity created by the
constitution of New Mexico or any branch of government that receives public funding,
including political subdivisions, special tax districts, school districts and institutions of
higher education, but not including an acequia or community ditch, a soil and water
conservation district, a land grant-merced, a mutual domestic water consumers
association or other association organized pursuant to the Sanitary Projects Act
[Chapter 3, Article 29 NMSA 1978] or a water users' association.

History: Laws 2021, ch. 119, § 2.

                                       ANNOTATIONS

Effective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 2 effective
July 1, 2021.
Notes of Decisions
Cited in 31 cases (31 in the last 5 years), 2022–2026 · leading case: Lowrey v. Portis (D.N.M. 2025).
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Lowrey v. Portis (D.N.M. 2025). · cites it 4× “; article II, sections 4, 10, 14, and 18 of the New Mexico Constitution, which the Court construes as being raised pursuant to the New Mexico Civil Rights Act, N.M. Stat. Ann. § 41-4A-1 to -13; article III, section 1 of the New Mexico Constitution; and the New Mexico Human…”
Bolen v. N.M. Racing Comm'n, 578 P.3d 1121 (N.M. 2025). · cites it 3× “INTRODUCTION 4 {1} The New Mexico Civil Rights Act (CRA), NMSA 1978, §§ 41-4A-1 to -13 5 (2021), authorizes a person to sue a public body for deprivations of the rights, 6 privileges, and immunities guaranteed by the Bill of Rights in Article II, Sections 17 7 and 18 of the New…”
Bolen v. N.M. Racing Comm'n (N.M. Ct. App. 2024). · cites it 2× “3 {1} This case requires us to interpret, for the first time, whether judicial immunity 4 is a defense available to a “public body” under the New Mexico Civil Rights Act 5 (CRA), NMSA 1978, §§ 41-4A-1 to -13 (2021). Defendant, the New Mexico Racing 6 Commission (NMRC) 1 filed a…”
Bolen v. N.M. Racing Comm'n (N.M. Ct. App. 2024). · cites it 2× “3 {1} This case requires us to interpret, for the first time, whether judicial immunity 4 is a defense available to a “public body” under the New Mexico Civil Rights Act 5 (CRA), NMSA 1978, §§ 41-4A-1 to -13 (2021). Defendant, the New Mexico Racing 6 Commission (NMRC) 1 filed a…”
Tucker v. Univ. Bd. of Regents (D.N.M. 2022). · cites it 2× “New Mexico Civil Rights Act (Count VI) Defendants seek to dismiss Count VI because the New Mexico Civil Rights Act, NMSA § 41-4A-1 et seq., only took effect on July 1, 2021 and does not have retroactive effect.”
Barela v. City of Hobbs (D.N.M. 2022). · cites it 2× “New Mexico Civil Rights Act The New Mexico Civil Rights Act, NMSA 1978, §§ 41-4A-1 to 41-4A-13, prohibits state and local government officials from subjecting others to a “deprivation of any rights, privileges or immunities secured pursuant to the bill of rights of the…”
Denewiler v. Santa Fe Cnty. Adult Det. Facility (D.N.M. 2023). · cites it 2× “Before the enactment of the New Mexico Civil Rights Act, NMSA 1978, § 41-4A-1 through 41-4A-13, the only possibility for New Mexicans seeking redress against state government officials who violated the prohibition against cruel and unusual punishment was to bring a § 1983 claim…”
Bad Hand v. Cnty. of Taos New Mexico, The (D.N.M. 2023). · cites it 2× “Bad Hand brought a claim under the New Mexico Civil Rights Act (CRA), NMSA § 41-4A-1 et seq., alleging a violation of Article II Section 20 of the New Mexico Constitution and a claim under Section 1983, 42 U.”
Gospel Light Mennonite Church Med. Aid Plan v. New Mexico Off. of the Superintendent of Ins. (D.N.M. 2023). · cites it 2× “Eleventh Amendment immunity OSI argues the Court should dismiss Gospel Light’s claims for violation of the New Mexico Civil Rights Act (“NMCRA”), NMSA 1978, § 41-4A-1 et seq., and the New Mexico Religious Freedom Restoration Act (“NM RFRA”), NMSA 1978, § 28-22-1 et seq.”
Kurowski v. Slate (D.N.M. 2023). · cites it 2× “§§ 41-4A-1, et seq.3 On August 17, 2022, the Court ordered defendants to supplement the record by filing a Martinez report.”
Noble v. City of Eunice (D.N.M. 2023). · cites it 2× “Plaintiff states that he intends to assert a cause of action under the New Mexico Civil Rights Act, NMSA 1978, §§ 41-4A-1, et seq., “by amendment if this Court should deny Defendant’s pending motion to dismiss … and in state court if this Court should grant Defendants’ pending…”
Amestoy v. N.M. Racing Comm'n (N.M. Ct. App. 2024). · cites it 2× “Plaintiff claims that he stated a proper claim for mandamus and for violations of his procedural and substantive due process rights, pursuant to the New Mexico Civil Rights Act (CRA), NMSA 1978, §§ 41-4A-1 to-13 (2021). We conclude that the district court properly dismissed…”
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