Appeals court removes former New Mexico deputy's qualified immunity in 2018 case

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 — who had his child in the truck — blocked Rosales in his driveway and pointed a gun at him.

“Officers who egregiously violate the constitution should not be shielded by qualified immunity,” attorney Marie Miller, who represented Rosales, said in a statement. “Today’s 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.”

Bradshaw’s 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’s 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 “free from the excessive and unnecessary use of force.”

A federal judge in New Mexico ruled that Bradshaw had qualified immunity and dismissed Rosales’ lawsuit.

In Wednesday’s ruling, the appellate court reversed that decision and sent Rosales’ lawsuit back to the lower courts.

“Bradshaw’s obviously egregious conduct violated Rosales’s Fourth Amendment right to be free from unreasonable seizures, so he is not entitled to qualified immunity,” according to the appellate court’s ruling.