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Appeals court removes former New Mexico deputy's qualified immunity in 2018 case
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The U.S. 10th Circuit Court of Appeals ruled Wednesday that a former Chaves County deputy was not entitled to qualified immunity in a case where he held a Roswell man at gunpoint.
Qualified immunity is a doctrine that protects government officials from civil lawsuits related to their duties, unless their actions violate the law.
David Bradshaw was off duty and in an unmarked truck when he followed Mario Rosales home in March 2018. Bradshaw 鈥� who had his child in the truck 鈥� blocked Rosales in his driveway and pointed a gun at him.
鈥淥fficers who egregiously violate the constitution should not be shielded by qualified immunity,鈥� attorney Marie Miller, who represented Rosales, said in a statement. 鈥淭oday鈥檚 decision upholds the rule of law and lets a good man seek justice in the courts. When officers abuse their authority by criminally assaulting people, they must be held accountable.鈥�
Bradshaw鈥檚 attorney did not respond to a call for comment.
Bradshaw contended he followed and stopped Rosales because Rosales was driving recklessly, including by not using a turn signal.
Bradshaw was fired from the Chaves County Sheriff鈥檚 Office and charged with child abuse and aggravated assault in the case. In 2019, Bradshaw was convicted and sentenced to serve two years in a New Mexico prison followed by four years of probation.
In a lawsuit filed against Bradshaw in 2020, Rosales contended the former deputy violated his right to be 鈥渇ree from the excessive and unnecessary use of force.鈥�
A federal judge in New Mexico ruled that Bradshaw had qualified immunity and dismissed Rosales鈥� lawsuit.
In Wednesday鈥檚 ruling, the appellate court reversed that decision and sent Rosales鈥� lawsuit back to the lower courts.
鈥淏radshaw鈥檚 obviously egregious conduct violated Rosales鈥檚 Fourth Amendment right to be free from unreasonable seizures, so he is not entitled to qualified immunity,鈥� according to the appellate court鈥檚 ruling.
