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508 P.3d 947 New Mexico Court of Appeals February 1, 2022 No. A-1-CA-38635
Defendants’ invocation of qualified immunity shifted the “heavy burden” to Plaintiff to establish that (1) the facts demonstrated a violation of a constitutional right, and (2) the right at issue was clearly established at the time
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New Mexico Court of Appeals February 1, 2022Not cited Unpublished
Defendants’ invocation of qualified immunity shifted the “heavy burden” to Plaintiff to establish that (1) the facts demonstrated a violation of a constitutional right, and (2) the right at issue was clearly established at the time
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New Mexico Supreme Court June 2, 2025Not cited Unpublished
Section 41-4A-3(C). 5 {14} Among its notable features, the CRA prohibits the use of qualified immunity 6 as a defense to a claim brought pursuant to that act. Section 41-4A-4.
Qualified 7 immunity is a defense available to state officials sued in a personal capacity under § 8 1983 and provides immunity from damages “insofar as their conduct does not violate 9 clearly established statutory or constitutional