Under NM tort claims, which is actionable that would not be under 1983?

• A. Property damage
• B. False imprisonment
• C. Assault
• D. Defamation

Answer: (A)

Under 1983, you sue a state actor only for a deprivation of a federally protected right. New Mexico’s Tort Claims Act provides a state-law remedy for harms caused by government employees, including damage to property. Property damage is a pure state tort claim that does not itself involve a violation of a federal constitutional right, so it falls under NM tort law rather than 1983.

The other harms can involve constitutional protections in some situations—unlawful detention or excessive force can implicate due process or liberty rights, potentially giving rise to a 1983 claim, and defamation is typically treated as a state tort rather than a guaranteed 1983 remedy. Therefore, property damage is the scenario that would be actionable under NM tort claims but not under 1983.