In 1978, New Mexico lawmakers enacted the New Mexico Tort Claims Act (NMTCA) in an attempt to protect the rights of individuals injured by New Mexico government employees while still preserving the government’s ability to function without the constant risk of lawsuits.
Lawmakers decided that the most efficient and practical way to take into account both of these issues was to grant the government and their employees certain immunities, while enumerating certain exceptions. The NMTCA specified the duties of public employees and which behavior would fall into an exception of governmental immunity.
In order for a plaintiff to file and win a New Mexico personal injury lawsuit against a governmental employee, they must make sure that the entity or employee falls into one of the very specific exceptions. Although New Mexico seems to have a significant number of exceptions, there is still a heavy burden on the plaintiff to ensure that the defendant directly falls under one of these.