New Mexico Statutes

N.M. Stat. § 41-4A-3 (2026)

Claim for violation of rights established pursuant to the bill

✓ current as of May 2026

Find cases: SyfertCases citing this section NM-LEGnmonesource.com JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

of rights of the constitution of New Mexico.
    A. A public body or person acting on behalf of, under color of or within the course
and scope of the authority of a public body shall not subject or cause to be subjected
any resident of New Mexico or person within the state to deprivation of any rights,
privileges or immunities secured pursuant to the bill of rights of the constitution of New
Mexico.

    B. A person who claims to have suffered a deprivation of any rights, privileges or
immunities pursuant to the bill of rights of the constitution of New Mexico due to acts or
omissions of a public body or person acting on behalf of, under color of or within the
course and scope of the authority of a public body may maintain an action to establish
liability and recover actual damages and equitable or injunctive relief in any New Mexico
district court.

   C. Claims brought pursuant to the New Mexico Civil Rights Act shall be brought
exclusively against a public body. Any public body named in an action filed pursuant to
the New Mexico Civil Rights Act shall be held liable for conduct of individuals acting on
behalf of, under color of or within the course and scope of the authority of the public
body.

   D. Individuals employed by a public body shall be prohibited from using the New
Mexico Civil Rights Act to pursue a claim arising from the individual's employment by
the public body.
   E. The remedies provided for in the New Mexico Civil Rights Act are not exclusive
and shall be in addition to any other remedies prescribed by law or available pursuant to
common law.

History: Laws 2021, ch. 119, § 3.

                                       ANNOTATIONS

Effective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 3 effective
July 1, 2021.

41-4A-3(B) NMSA 1978 establishes jurisdiction in the district courts over claims
brought under the New Mexico Civil Rights Act and is not a venue provision. —
The New Mexico Civil Rights Act (NMCRA), 41-4A-3(B) NMSA 1978, establishes a right
to maintain a statutory cause of action and vests "any New Mexico district court" with
jurisdiction over such an action. Because the NMCRA does not contain a specific venue
provision, 38-3-2 NMSA 1978 governs venue in all civil actions brought against a
municipality or board of county commissioners, including actions under the NMCRA.
City of Roswell v. Sanchez-Gagne, 2025-NMSC-039, aff'g 2024-NMCA-024, 544 P.3d
276.

Plaintiffs' declaratory judgment action did not violate the New Mexico Civil Rights
Act. — Where plaintiffs filed a tort claims notice informing the state land office of
plaintiffs' intent to recover for damage to their residential property from a rockslide
originating on state trust land bordering the residential property, and where the state
land office filed a declaratory judgment action asking the district court to determine
whether the Tort Claims Act waived sovereign immunity for plaintiffs' negligence claim,
and where plaintiffs claimed that the state land office violated the Civil Rights Act by
filing its complaint for declaratory judgment in retaliation for plaintiffs' filing a tort claim
notice and an Inspection of Public Records Act request, the district court did not err in
granting the state land office's motion to dismiss, because the facts asserted did not
support either that the state land office's filing of a declaratory judgment action caused
plaintiffs to suffer an injury that would chill a person of ordinary firmness from continuing
to engage in pursuing a tort claim, or that the filing of the declaratory judgment action
was substantially motivated by a desire to retaliate for plaintiffs' tort claim notice or IPRA
request. N.M. State Land Office v. Siddens & Dodson, LLP, 2026-NMCA-013.

Notes of Decisions

Cited in 64 cases (64 in the last 5 years), 2022–2026 · leading case: City of Roswell v. Sanchez-Gagne (N.M. 2025).

Sort: Relevance Newest Treatment

City of Roswell v. Sanchez-Gagne (N.M. 2025). · cites it 48× “Section 41-4A-3(B) provides that plaintiffs under the 7 NMCRA “may maintain an action to establish liability and recover actual damages 8 and equitable or injunctive relief in any New Mexico district court.”

Montano v. City of Albuquerque (D.N.M. 2025). · cites it 19× “In drafting Section 41-4A-3, the legislature created a private right of action for persons deprived of rights under the New Mexico Constitution, N.”

Bolen v. N.M. Racing Comm'n (N.M. Ct. App. 2024). · cites it 8× “Contemporaneously, Bolen filed the underlying 3 complaint in district court to establish NMRC’s liability and recover damages and 4 equitable relief under Section 41-4A-3 of the CRA alleging, in relevant part, 4 that 5 NMRC retaliated against him by initiating “a vindictive…”

Bolen v. N.M. Racing Comm'n (N.M. 2025). · cites it 8× “The CRA provides, in relevant part, 10 A person who claims to have suffered a deprivation of any rights, 11 privileges or immunities pursuant to the bill of rights of the constitution 12 of New Mexico due to acts or omissions of a public body or person 13 acting on behalf of,…”

Bolen v. N.M. Racing Comm'n (N.M. Ct. App. 2024). · cites it 8× “Contemporaneously, Bolen filed the underlying complaint in district court to establish NMRC’s liability and recover damages and equitable relief under Section 41-4A-3 of the CRA alleging, in relevant part, 4 that NMRC retaliated against him by 1NMRC is an administrative agency…”

Mowrey v. Delaney (D.N.M. 2023). · cites it 6× “§ 41-4A-3(A) (emphasis added); (i1) “A person who claims to have suffered a deprivation of any rights, privileges or immunities pursuant to the bill of rights of the constitution of New Mexico due to acts or omissions of a public body or person acting on behalf of, under color…”

Burke v. Lea Cnty. Bd. of Cnty. Commissioners (D.N.M. 2025). · cites it 6× “First, Burke brings a claim against Lea County for violation of the New Mexico Civil Rights Act (“NMCRA”), NMSA 1978, § 41-4A-3. Id. at 5. Second, Burke brings a claim against Helton for defamation under the New Mexico Tort Claims Act, NMSA 1978, § 41-4-1 et seq.”

Lowrey v. Portis (D.N.M. 2025). · cites it 6× “” N.M. Stat. Ann. § 41-4A-3(A). The statute explicitly requires that all claims brought pursuant the NMCRA be brought against a “public body,” id.”

Dilley v. New Mexico Corr. Dep't (N.M. Ct. App. 2026). · cites it 5× “{7} Section 41-4A-3(B) of the CRA provides that “[a] person who claims to have suffered a deprivation of any rights, privileges or immunities pursuant to the bill of rights of the constitution of New Mexico due to acts or omissions of a public body or person acting on behalf of,…”

Denewiler v. Santa Fe Cnty. Adult Det. Facility (D.N.M. 2023). · cites it 4× “See NMSA 1978 §§ 41-4A-3; 41-4A-12. Relevant to the allegations in the Complaint, Article 2, Section 13 of the New Mexico Constitution prohibits cruel and unusual punishment.”

Niederstadt v. Lincoln Cnty. Det. Ctr. (D.N.M. 2023). · cites it 4× “See NMSA 1978 §§ 41-4A-3; 41-4A-12. Unlike § 1983, the New Mexico Civil Rights Act provides that public bodies “shall be held liable for conduct of individuals acting on behalf of, under color of or within the course and scope of the authority of the public body.”

Show all 64 citing cases →

— N.M. Stat. § 41-4A-3(A) — 4 cases

Lowrey v. Portis (D.N.M. 2025). “” N.M. Stat. Ann. § 41-4A-3(A). The statute explicitly requires that all claims brought pursuant the NMCRA be brought against a “public body,” id.”

Mowrey v. Delaney (D.N.M. 2023). “§ 41-4A-3(A) (emphasis added); (i1) “A person who claims to have suffered a deprivation of any rights, privileges or immunities pursuant to the bill of rights of the constitution of New Mexico due to acts or omissions of a public body or person acting on behalf of, under color…”

Burke v. Lea Cnty. Bd. of Cnty. Commissioners (D.N.M. 2025). “First, Burke brings a claim against Lea County for violation of the New Mexico Civil Rights Act (“NMCRA”), NMSA 1978, § 41-4A-3. Id. at 5. Second, Burke brings a claim against Helton for defamation under the New Mexico Tort Claims Act, NMSA 1978, § 41-4-1 et seq.”

Young v. Shipman (D.N.M. 2024).

— N.M. Stat. § 41-4A-3(B) — 37 cases

City of Roswell v. Sanchez-Gagne (N.M. 2025). “Section 41-4A-3(B) provides that plaintiffs under the 7 NMCRA “may maintain an action to establish liability and recover actual damages 8 and equitable or injunctive relief in any New Mexico district court.”

Lowrey v. Portis (D.N.M. 2025). “” N.M. Stat. Ann. § 41-4A-3(A). The statute explicitly requires that all claims brought pursuant the NMCRA be brought against a “public body,” id.”

Bolen v. N.M. Racing Comm'n (N.M. Ct. App. 2024). “Contemporaneously, Bolen filed the underlying 3 complaint in district court to establish NMRC’s liability and recover damages and 4 equitable relief under Section 41-4A-3 of the CRA alleging, in relevant part, 4 that 5 NMRC retaliated against him by initiating “a vindictive…”

— N.M. Stat. § 41-4A-3(C) — 18 cases

Bolen v. N.M. Racing Comm'n (N.M. 2025). “The CRA provides, in relevant part, 10 A person who claims to have suffered a deprivation of any rights, 11 privileges or immunities pursuant to the bill of rights of the constitution 12 of New Mexico due to acts or omissions of a public body or person 13 acting on behalf of,…”

Bolen v. N.M. Racing Comm'n (N.M. Ct. App. 2024). “Contemporaneously, Bolen filed the underlying complaint in district court to establish NMRC’s liability and recover damages and equitable relief under Section 41-4A-3 of the CRA alleging, in relevant part, 4 that NMRC retaliated against him by 1NMRC is an administrative agency…”

Dilley v. New Mexico Corr. Dep't (N.M. Ct. App. 2026). “{7} Section 41-4A-3(B) of the CRA provides that “[a] person who claims to have suffered a deprivation of any rights, privileges or immunities pursuant to the bill of rights of the constitution of New Mexico due to acts or omissions of a public body or person acting on behalf of,…”

— N.M. Stat. § 41-4A-3(D) — 4 cases

Montano v. City of Albuquerque (D.N.M. 2025). “In drafting Section 41-4A-3, the legislature created a private right of action for persons deprived of rights under the New Mexico Constitution, N.”

Bethke v. N.M. State Univ. (N.M. Ct. App. 2023).

Vigil v. Bd. of Cnty. Comm'rs for Santa Fe Cnty. (N.M. Ct. App. 2025).

— N.M. Stat. § 41-4A-3(E) — 2 cases

Shulman v. Bd. of Educ. of Alamogordo Pub. Schs. Dist. 1 (D.N.M. 2025).

Dennis Murphy, as Pers. Rep. of the Wrongful Death Claim of Nathan Kee Charley, deceased; & Rebecca Suazo v. Taos Cnty. Bd. of Cnty. Commissioners, Brent Jaramillo, Taos Cnty. Manager, Town of Taos, Chief of Police John Wentz, in his individual & Off. capacity, Officer Taylor Gwinn, in her individual & Off. capacity as a law Enf't officer & in her individual & Off. capacity as an investigator for the New Mexico Off. of the Med. Investigator, Defendant Off. of the Med. Investigator, Officer Brian Garcia, in his individual & Off. capacity, & Officer Anthony Martinez, in his individual & Off. capacity (D.N.M. 2026).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.