§ 41-4a-10

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. ANNOTATIONSEffective dates. — Laws 2021, ch. 119, § 14 made Laws 2021, ch. 119, § 10 effective July 1, 2021.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, cert. granted.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

sh 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, cert. granted.