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Civil Rights Attorney in Albuquerque, New Mexico

Standing Up for Your Constitutional Rights in New Mexico

WHEN YOUR RIGHTS ARE VIOLATED, YOU NEED A CHAMPION

Every day across New Mexico, people's civil rights are violated by those who are supposed to protect them. Whether it's a police officer conducting an illegal traffic stop, law enforcement detaining someone without proper justification, or a government entity trampling on constitutional protections, these violations demand accountability.

At Stalter Law, we fight to uphold the rule of law for everyone. No matter who you are, you deserve to have your constitutional rights respected.

AREAS OF PRACTICE

IMPROPER DWI STOPS & SOBRIETY CHECKPOINTS

Law enforcement must follow specific protocols when conducting DWI stops and checkpoints. When they don't, your rights are violated. We handle cases involving:

  • Stops made without reasonable suspicion

  • Improperly conducted field sobriety tests

  • DWI checkpoints that fail to follow constitutional requirements

  • Searches conducted without proper warrants or exceptions

  • Violations of your right to counsel during DWI processing

Ken Stalter, our Harvard-educated attorney, brings both prosecutorial and defense experience to your case, understanding exactly where officers commonly cut corners and violate rights.

WRONGFUL ARREST & FALSE DETENTION

Being arrested or detained without proper legal justification is a direct violation of your Fourth Amendment rights. We represent clients who have experienced:

  • Arrests made without probable cause

  • Excessive detention during traffic stops

  • "Investigative detentions" that cross the line into illegal arrests

  • Arrests based on misidentification or mistaken identity

  • Detention after bail has been posted or release ordered

These cases require immediate investigation and preservation of evidence, including body camera footage, dispatch recordings, and witness statements before they disappear.

NEW MEXICO CIVIL RIGHTS ACT CLAIMS

The New Mexico Civil Rights Act, passed in 2021, created powerful new tools for holding government entities accountable. Unlike federal civil rights claims, this state law removes qualified immunity as a defense, creating a more level playing field. We handle NMCRA claims for:

  • Excessive force by law enforcement

  • First Amendment violations

  • Unlawful searches and seizures

  • Due process violations

  • Equal protection violations

  • Religious freedom violations

With damage caps of $2 million and provisions for attorney's fees, the NMCRA offers significant protection for New Mexicans whose rights have been violated.

PRISONER CIVIL RIGHTS

Our extensive experience in prisoner civil rights includes:

  • Overdetention/holding inmates beyond their lawful release dates

  • Due process violations in disciplinary hearings

  • Denial of necessary medical care

  • Excessive use of restricted housing/solitary confinement

  • Retaliation for filing grievances

  • Violations of religious freedom rights

OUR APPROACH TO CIVIL RIGHTS CASES

THOROUGH INVESTIGATION

Every strong civil rights case begins with meticulous investigation. We:

  • Secure and analyze all available evidence, including video footage

  • Interview witnesses while memories are fresh

  • Obtain official records through public records requests

  • Consult with experts when necessary

  • Determine which agencies and individuals bear responsibility

STRATEGIC CASE DEVELOPMENT

Civil rights cases present unique challenges. We develop strategic approaches tailored to your specific situation:

  • Determining whether to pursue state or federal claims

  • Identifying all possible causes of action

  • Addressing immunities and other technical defenses

  • Setting realistic expectations about timeline and potential outcomes

COMMITMENT TO ACCOUNTABILITY

When government actors violate your rights, they must be held accountable. We pursue:

  • Fair compensation for damages suffered

  • Policy changes to prevent future violations

  • Public transparency about government misconduct

WHY CHOOSE STALTER LAW

UNIQUE PERSPECTIVE

Attorney Ken Stalter brings a rare combination of experience to your case:

  • Harvard Law School education

  • Experience as both a prosecutor and defense attorney

  • Intimate knowledge of how government agencies operate

  • Successful track record in complex civil rights litigation

HONEST ASSESSMENT

We don't promise what we can't deliver. From your first consultation, you'll receive:

  • A straightforward evaluation of your potential claims

  • Clear explanation of the legal process ahead

  • Realistic discussion of possible outcomes

  • Transparent communication throughout your case

STRATEGIC ADVOCACY

Some civil rights cases are won in court; others are won through strategic pressure and negotiation. We:

  • Leverage media attention when appropriate

  • Build compelling cases that encourage early resolution

  • Prepare thoroughly for litigation when necessary

  • Stay focused on achieving meaningful results

CASE RESULTS

Illegal DWI Checkpoint – Successfully challenged a DWI arrest resulting from a checkpoint that failed to follow constitutional requirements, securing both dismissal of charges and compensation for civil rights violations.

Wrongful Arrest After Identity Confusion – When law enforcement arrested our client based on mistaken identity and refused to verify his identification, we secured compensation for the violation of his Fourth Amendment rights.

Excessive Force During Routine Stop – Obtained a substantial settlement after an officer used excessive force during what should have been a routine traffic citation, resulting in injuries to our client.

Overdetention Despite Court Order – When NMCD ignored a judge's release order, we leveraged media pressure and litigation to secure our client's freedom and substantial compensation for each day of illegal detention.

Religious Discrimination in Detention – Successfully represented a client denied religious accommodations while in custody, securing both policy changes and compensation under the NM Civil Rights Act.

DEADLINES MATTER

Civil rights claims come with strict deadlines that can vary depending on the type of claim and defendant:

  • Federal civil rights claims typically have a 3-year statute of limitations in New Mexico

  • The New Mexico Civil Rights Act has a 3-year statute of limitations

  • Claims against government entities under the Tort Claims Act require 90-day notice

  • Evidence like body camera footage may be deleted after as little as 30-60 days

Don't wait to protect your rights. Contact us as soon as possible after any potential civil rights violation.

CONTACT US

If you believe your civil rights have been violated by law enforcement, correctional officers, or other government officials, contact us today for a consultation.

For Skilled Legal Representation
CONTACT ME TODAY

If you believe your rights have been violated within the State of New Mexico, please contact our office today to discuss your options. A New Mexico civil rights attorney can help you understand your rights and assess your case.

Because civil rights cases involve specialized timelines and deadlines, it is imperative that you act promptly to protect your rights. Delay could mean that your case is barred, even before you get a chance to tell your story.