RESCIND The New Mexico Tort Claims Act, NMSA 1978, §§ 41-4-1 to -27 (1976, as amended through 2006)

The Tort Claims Act and after the 911 Patriot Act enables government employees to abuse citizens with claims of "public immunity" and not be held accountable for violations of rights, immunities and privileges; even "murder" in the cases of Albuquerque police. Public employees are rude, abusive and threatening, using criminal harassment and extortion against citizens with no ethics, "do as I say or I will call security or the police and have you arrested or thrown out". There is no law when certain people are deemed to be "above the law". NM needs to rescind the TCA where government employees are held accountable under law for malicious and criminal acts to citizens and the meaning of the "scope of their duties" does not include actions that violate any law or right. Owen v. City of Independence, US Supreme Court 445 US 622 (1980) No. 78-1779 “Doctrines of tort law have changed significantly over the past century, and our notions of governmental responsibility should properly reflect that evolution. The innocent individual who is harmed by an abuse of governmental authority is assured that he will be compensated for his injury. A municipality has no immunity from liability under 1983 flowing from its constitutional violations and may not assert the good faith of its officers as a defense to such liability. Section 1983 provides a private right of action against “[e]very person” acting under color of state law who imposes or causes to be imposed a deprivation of constitutional rights. Although the statute does not refer to immunities, this Court has held that the law “is to be read in harmony with general principles of tort immunities and defenses rather then in derogation of them”. In NM, Albuquerque police can do pre-meditated murder, Albuquerque employees can deny senior citizens their rights to use "public facilities" of community centers and hide under the TCA where under the TCA, public employees "are immune for any actions they performed while in the scope of their duties. As defined in the TCA, 'scope of duty' means performing any duties that a public employee is requested, required or authorized to perform by the governmental entity, regardless of the time and place of performance, and NM case law establishes that a public employee may be within the scope of authorized duty even if the employee's acts are fraudulent, intentionally malicious, or even criminal." A quote from U.S. Supreme Court Justice Tom C. Clark in Mapp V. Ohio, 367 U.S. 643, 81 S. Ct. 1684, 6 L. Ed. 2d 1081 (June 19, 1961), as follows: “Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence. As Mr. Justice Brandeis, dissenting, said in Olmstead v. United States, 277 U.S. 438, 485 (1928): "Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. . . . If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy."” (Emphasis added). RESCIND the NM Tort Claims Act as unconstitutional and in violation of equal protection and in violation of the Supremacy Clause US Constitution Article VI. Wake up NM Legislature and protect the citizens that YOU WORK FOR AS WE THE PEOPLE. The NM citizens do not exist for the use and abuse of government employees. Government employees work for WE THE PEOPLE and have no right to abuse the citizens and not be held accountable under law.