Civil Rights - Devlin Legal

Your constitutional rights are not negotiable. When government officials or public entities violate those rights, the harm can be profound — physically, emotionally, and psychologically. Too often, the system is stacked against individuals, leaving victims feeling powerless and unheard.

Devlin Legal is here to change that. I represent individuals and families in Albuquerque and throughout New Mexico whose civil rights have been violated by government actors. I will seek answers, accountability, and justice — even when powerful institutions resist responsibility.

Call 505-225-7578 for a free consultation.
You pay nothing until you receive a recovery.

How Devlin Legal Handles Civil Rights Claims

Civil rights cases are complex, high-stakes, and aggressively defended. Government entities often rely on procedural barriers and immunity defenses to avoid accountability. My role is to dismantle those barriers and protect your rights.

I handle complex civil rights claims against:

Law enforcement officers
Police departments and sheriff’s offices
Correctional facilities
State and local government agencies
Public officials acting under color of law

I prepare these cases thoroughly, strategically, and with trial always in mind.

Types of Civil Rights Violations We Handle

Devlin Legal represents individuals and families who have suffered harm due to:

Police Misconduct & Excessive Force: Physical brutality, unjustified use of Tasers or firearms, unlawful restraints, or beatings that result in injury or death.
Unlawful Seizure & False Arrest: Arrests made without probable cause or detentions lasting longer than legally permitted.
Malicious Prosecution: Being wrongfully charged or kept in the criminal justice system despite a lack of evidence.
First Amendment Violations: Retaliation for free speech, interference with freedom of assembly, or violations of religious freedom.
Due Process Violations (14th Amendment): Government actions that deny fair treatment or required legal procedures.

These cases often involve both constitutional harm and lasting personal consequences.

The Power of the New Mexico Civil Rights Act (NMCRA)

The New Mexico Civil Rights Act (NMCRA), enacted in July 2021, significantly expanded the rights of New Mexico residents. The NMCRA allows individuals to bring claims in state court against public bodies and officials for violations of the New Mexico Constitution.

Most importantly, the NMCRA eliminates the Qualified Immunity defense, which is often used in federal court to shield government employees from accountability. This makes the NMCRA one of the most powerful tools available for pursuing civil rights justice in New Mexico.

We regularly evaluate whether claims should be brought under the NMCRA, federal law, or both — depending on what best serves our clients’ goals.

State vs. Federal Civil Rights Claims

Civil rights violations may be pursued under:

The New Mexico Civil Rights Act (NMCRA)
The New Mexico Tort Claims Act
Federal civil rights law (42 U.S.C. § 1983)

Each pathway has different standards, defenses, and deadlines. We carefully assess which approach — or combination of approaches — provides the strongest path to accountability.

Statute of Limitations: Time Is Critical

Civil rights cases are governed by strict and unforgiving deadlines. Missing a deadline can permanently bar your claim.

Key timelines include:

New Mexico Civil Rights Act (NMCRA): Generally 3 years from the date of the violation to file a lawsuit in state court.
New Mexico Tort Claims Act: Requires a formal Notice of Claim within 90 days of the incident for negligence-based claims against government entities.
Federal Civil Rights Claims (Section 1983): Typically 3 years to file claims based on violations of the U.S. Constitution.

These deadlines are absolute. Acting quickly is critical to preserving your rights and evidence.

What Damages May Be Available in a Civil Rights Case

Civil rights claims seek accountability and compensation for the harm suffered, which may include:

Physical injuries
Emotional distress and trauma
Loss of liberty
Loss of reputation
Medical expenses
Lost income
Pain and suffering

In some cases, additional damages may be available depending on the nature of the violation and the governing law.

Contact Devlin Legal for a Free Case Evaluation

If your constitutional rights have been violated, you deserve to be heard — and you deserve accountability. Civil rights cases are about more than compensation; they are about dignity, fairness, and preventing future harm.

Devlin Legal is ready to stand with you and pursue justice with strength and integrity.

Call 505-225-7578 today for a free consultation.