The prohibition on the use of the defense of qualified immunity pursuant to Section 4 [41-4A-NMSA 1978] of the New Mexico Civil Rights Act and the waiver of sovereign immunity pursuant to Section 9 [41-4A-9 NMSA 1978] of that act shall not abrogate judicial immunity, legislative immunity or any other constitutional, statutory or common law immunity.

History: Laws 2021, ch. 119, § 10.

ANNOTATIONS

Effective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 10 effective July 1, 2021.

A public body may raise judicial immunity as an affirmative defense to claims brought pursuant to the Civil Rights Act. — Where plaintiff asserted a claim under the Civil Rights Act (CRA) against the New Mexico Racing Commission (NMRC), alleging that NMRC violated his state constitutional rights by pursuing a vindictive prosecution against him, and where the district court denied NMRC’s motion for summary judgment, concluding that the defense of judicial immunity is unavailable to a public body sued under the CRA, the district court erred in concluding that a public body may not raise judicial immunity as an affirmative defense of a claim for damages asserted pursuant to the CRA, because the language of the CRA establishes that the doctrine of judicial immunity extends to claims for damages asserted against a governmental entity, including a public body sued under the CRA. Bolen v. N.M. Racing Comm’n, 2025-NMSC-034, rev’g in part 2024-NMCA-056, 553 P.3d 492.

Judicial immunity extends to administrative proceedings when both the proceeding and the challenged conduct are judicial in nature. — Judicial immunity, in certain circumstances, may extend to individuals and governmental entities performing quasi-judicial functions in the executive branch. In evaluating whether judicial immunity attaches to an administrative agency’s adjudicatory proceedings, relevant considerations include the need to insulate individuals performing tasks integral to the proceeding from harassment or intimidation, the presence of safeguards that reduce the need for private damages actions to control unconstitutional conduct, the decision-maker’s insulation from political influence, the importance of precedent in resolving controversies, the adversarial nature of the proceeding, and the correctability of error on appeal. A court must also consider whether the conduct challenged in the claim is judicial in nature. Bolen v. N.M. Racing Comm’n, 2025-NMSC-034, rev’g in part 2024-NMCA-056, 553 P.3d 492.

Quasi-judicial immunity is a defense available to public bodies under 41-4A-10 NMSA 1978 of the Civil Rights Act. — The plain language of this section establishes that a public body that is sued under the Civil Rights Act may raise judicial immunity, as well as quasi-judicial immunity, as a defense. Bolen v. N.M. Racing Comm'n, 2024-NMCA-056, 553 P.3d 492, rev’d in part by 2025-NMSC-034.

The New Mexico Racing Commission is entitled to quasi-judicial immunity. — Where plaintiff filed a complaint in district court to establish the New Mexico racing commission's (NMRC) liability and recover damages and equitable relief under, 41-4A-3 NMSA 1978 of the Civil Rights Act, 41-4A-1 to 41-4A-13 NMSA 1978, alleging that the NMRC retaliated against him by initiating a vindictive prosecution against him, violating his rights under the New Mexico constitution, and where the NMRC filed a motion for summary judgment, arguing that the NMRC has absolute quasi-judicial immunity from suit for its decision to initiate and prosecute an administrative disciplinary proceeding against plaintiff, and where the district court denied NMRC's motion for summary judgment, concluding that because judicial immunity applies only to individuals, the NMRC is not immune from suit under the Civil Rights Act, the district court erred in denying the motion for summary judgment, because the NMRC's actions, which included initiating a complaint, holding a hearing, taking evidence, and making an initial finding, were functionally comparable to those involved in the judicial process, and the NMRC is therefore entitled to quasi-judicial immunity. Bolen v. N.M. Racing Comm'n, 2024-NMCA-056, 553 P.3d 492, rev’d in part by 2025-NMSC-034.