- 4 Democrats, 1 Republican
- Probably 5-0 after Nakamura retires.
- N.M. CONST. Art. II, § 13 (Identical, but has adopted “interstitial approach” with some deviation); See State v. Gomez, 932 P.2d 1 (N.M. 1997) (explaining that a state court adopting this approach may diverge from federal precedent for three reasons: a flawed federal analysis, structural differences between state and federal government, or distinctive state characteristics).
- Held death penalty unconstitutional.
- Tort Claims Act shall be read as abolishing all judicially-created categories such as “governmental” or “proprietary” functions and “discretionary” or “ministerial” acts previously used to determine immunity or liability”NM ST § 41-4-4
- VULNERABLE GROUPS – 2019 bill specifically restricts the use of solitary confinement for children, pregnant women and people with mental illness. The state Corrections Department will also now be required to report on the use of solitary confinement regularly, while private prison companies must disclose any legal settlements with any inmates.
- The New Mexico Corrections Department, responding to public criticism and the recommendations of a Vera Institute-led study on de-segregation convened as a result of 2011 state legislation, commits to reducing its reliance on solitary confinement, including reducing the percentage of state prisoners in solitary confinement from 9.6 percent to 5 percent by 2015. The department announces plans to emphasize alternative disciplinary measures, build new general population units, and develop social programming for the prisoners who remain in solitary.
- N.M. STAT. ANN. §§ 33-2-11 (Michie 1978 & Supp. 1998) (exhaustion of administrative remedies); 41-4-16.1 (Michie 1978) (must provide notice of a damage award to incarcerated person’s “victim”)
- NM ST § 41-4-2 Policy relaxes strict sovereign immunity while recognizing government cannot have duty to do everything that might be done. A governmental entity and any public employee while acting within the scope of duty are granted limited immunity from liability for any tort. NM ST § 41-4-12.
- Immunity does not apply to liability for personal injury, bodily injury, wrongful death or property damage resulting from assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, defamation of character, violation of property rights, failure to comply with duties established pursuant to statute or law or deprivation of any rights, privileges or immunities secured by the constitution and laws of the United States or New Mexico when caused by law enforcement officers while acting within the scope of their duties”
