N.M. Stat. » Chapter 41 — Torts
New Mexico Statutes

N.M. Stat. § 41-4A-2 (2026)

Definition

✓ current as of May 2026
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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 11 cases (11 in the last 5 years), 2023–2025 · leading case: Bolen v. N.M. Racing Comm'n (N.M. Ct. App. 2024).
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Bolen v. N.M. Racing Comm'n (N.M. Ct. App. 2024). · cites it 4× “” Section 41-4A-2. The parties do not dispute that NMRC qualifies as a 6 1 “public body” within the meaning of Section 41-4A-2—NMRC is a state agency 2 created by the Horse Racing Act to regulate the sport and industry of racing.”
Bolen v. N.M. Racing Comm'n (N.M. Ct. App. 2024). · cites it 4× “” Section 41-4A-2. The parties do not dispute that NMRC qualifies as a 6 1 “public body” within the meaning of Section 41-4A-2—NMRC is a state agency 2 created by the Horse Racing Act to regulate the sport and industry of racing.”
Bolen v. N.M. Racing Comm'n, No. A-1-CA-41120 (N.M. Ct. App. Apr. 16, 2024). · cites it 4× “” Section 41-4A-2. The parties do not dispute that NMRC qualifies as a “public body” within the meaning of Section 41-4A-2—NMRC is a state agency created by the Horse Racing Act to regulate the sport and industry of racing.”
Bolen v. N.M. Racing Comm'n, 578 P.3d 1121 (N.M. 2025). · cites it 3× “See § 41-4A-3(C) (providing that 14 “[c]laims brought pursuant to the [CRA] shall be brought exclusively against a 15 public body”); § 41-4A-2 (defining “public body” to include a list of specified 16 governmental entities).”
Denewiler v. Santa Fe Cnty. Adult Det. Facility, No. 1:22-cv-00631 (D.N.M. Apr. 18, 2023). · cites it 2× “]” NMSA 1978 § 41-4A-2. The New Mexico Civil Rights Act also waives sovereign immunity and prohibits the use of the defense of qualified immunity for causing the deprivation of any rights, privileges or immunities secured by the bill of rights of the New Mexico Constitution.”
Niederstadt v. Lincoln Cnty. Det. Ctr., No. 2:22-cv-00749 (D.N.M. Aug. 21, 2023). · cites it 2× “]” NMSA 1978 § 41-4A-2. The New Mexico Civil Rights Act also waives sovereign immunity and prohibits the use of the defense of qualified immunity for causing the deprivation of any rights, privileges or immunities secured by the bill of rights of the New Mexico Constitution.”
Way v. Prob. & Parole, No. 1:23-cv-00223 (D.N.M. Mar. 21, 2024). · cites it 2× “’” NMSA 1978 § 41-4A-2. The New Mexico Civil Rights Act also waives sovereign immunity and prohibits the use of the defense of qualified immunity for causing the deprivation of any rights, privileges, or immunities secured by the bill of rights of the New Mexico Constitution.”
City of Roswell v. Sanchez-Gagne (N.M. 2025). · cites it 2× “Section 41-4A-9; 2 Section 41-4A-2; Section 41-4A-10. Thus, the issue before us has significant 3 statutory and constitutional implications.”
McKinzie v. Bank of Am., No. 1:24-cv-00892 (D.N.M. Mar. 17, 2025). “(quoting NMSA 1978 § 41-4A-2); see also Lowrey v. Portis, No.”
Murphy v. Taos Cnty. Bd. of Cnty. Commissioners, No. 1:24-cv-00963 (D.N.M. Aug. 28, 2025). “Charley’s rights under the New Mexico Constitution and the negligent hiring, training supervision and retention of Taos County Manager Brent Jaramillo under the New Mexico Civil Rights Act, N.”
Lowrey v. Portis, No. 1:23-cv-00372 (D.N.M. Sept. 25, 2025). “§ 41-4A-2. Fatal to Plaintiff’s claims, however, is that all NMCRA claims must first be filed in New Mexico state court.”
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