1. 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.
2. 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.
3. 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.
4. 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.
5. 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.