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

N.M. Stat. § 41-4A-9 (2026)

Waiver of sovereign immunity.

✓ current as of May 2026
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The state shall not have sovereign immunity for itself or any public body within the
state for claims brought pursuant to the New Mexico Civil Rights Act, and the public
body or person acting on behalf of, under color of or within the course and scope of the
authority of the public body provided pursuant to the New Mexico Civil Rights Act shall
not assert sovereign immunity as a defense or bar to an action.

History: Laws 2021, ch. 119, § 9.

                                     ANNOTATIONS
Effective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 9 effective
July 1, 2021.
Notes of Decisions
Cited in 21 cases (21 in the last 5 years), 2022–2026 · leading case: Bolen v. N.M. Racing Comm'n (N.M. 2025).
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Bolen v. N.M. Racing Comm'n (N.M. 2025). · cites it 4× “Section 41-4A-9. However, 13 the CRA explicitly preserves other immunity defenses, providing, 14 The prohibition on the use of the defense of qualified immunity 15 pursuant to [CRA Section 41-4A-4] and the waiver of sovereign 16 immunity pursuant to [CRA Section 41-4A-9] shall…”
Dilley v. New Mexico Corr. Dep't (N.M. Ct. App. 2026). · cites it 4× “Defendants argued that Section 41-4A-10 of the CRA, which specifically provides that the waiver of sovereign immunity in Section 41-4A-9 “shall not abrogate judicial immunity, legislative immunity, or any other constitutional, statutory, or common law immunity” applied to public…”
Dilley v. N.M. Corrs. Dep't (N.M. Ct. App. 2026). · cites it 4× “Defendants argued that Section 41-4A-10 of the CRA, which specifically provides that the waiver of sovereign immunity in Section 41-4A-9 “shall not abrogate judicial immunity, legislative immunity, or any other constitutional, statutory, or common law immunity,” applies to…”
City of Roswell v. Sanchez-Gagne (N.M. 2025). · cites it 3× “Section 41-4A-9; 2 Section 41-4A-2; Section 41-4A-10.”
Bolen v. N.M. Racing Comm'n (N.M. Ct. App. 2024). · cites it 2× “of the New Mexico [CRA] and the 6 waiver of sovereign immunity pursuant to Section 41-4A-9 . . . of that 7 act shall not abrogate judicial immunity, legislative immunity or any 8 other constitutional, statutory or common law immunity.”
Bolen v. N.M. Racing Comm'n (N.M. Ct. App. 2024). · cites it 2× “of the New Mexico [CRA] and the 6 waiver of sovereign immunity pursuant to Section 41-4A-9 . . . of that 7 act shall not abrogate judicial immunity, legislative immunity or any 8 other constitutional, statutory or common law immunity.”
New Mexico Horsemen's Ass'n v. Bregman (D.N.M. 2022). · cites it 2× “See NMSA § 41-4A-9 (state of New Mexico waives sovereign immunity for NMCRA claims).”
Robertson v. State of New Mexico (D.N.M. 2025). · cites it 2× “Plaintiff asserts claims against the State of New Mexico based on the alleged constitutional violations by the state-court judges pursuant to the New Mexico Civil Rights Act, N.”
Way v. Prob. & Parole (D.N.M. 2025). · cites it 2× “”) (emphasis added); N.M. Stat. § 41-4A-9 (“[T]he waiver of sovereign immunity pursuant to Section 9 of that act shall not abrogate .”
Bolen v. N.M. Racing Comm'n (N.M. Ct. App. 2024). · cites it 2× “of the New Mexico [CRA] and the waiver of sovereign immunity pursuant to Section 41-4A-9 . . . of that act shall not abrogate judicial immunity, legislative immunity or any other constitutional, statutory or common law immunity.”
Gutierrez v. State of New Mexico (D.N.M. 2025). “§ 41-4A-9 (emphasis added). The New Mexico Civil Rights Act waives sovereign immunity only for claims for deprivations of rights pursuant to the New Mexico Constitution brought in state court; it does not waive sovereign immunity for claims for deprivations of rights pursuant to…”
Fulkerson v. New Mexico Dep't of Just. (D.N.M. 2025). “§ 41-4A-9. The State of New Mexico’s waiver of sovereign immunity applies only to claims brought for violations of rights pursuant to the bill of rights of the constitution of New Mexico when those claims are brought in a State of New Mexico district court.”
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