Tomerlin v. State of New Mexico, The et al

On January 21, 2025, James Tomerlin filed a federal civil rights lawsuit against the State of New Mexico and Officer David Keller in the U.S. District Court for the District of New Mexico. The complaint arose from a traffic stop during which Officer Keller allegedly applied a vascular neck restraint, causing Tomerlin to lose consciousness and suffer a traumatic brain injury. Tomerlin asserted violations of his Fourth Amendment rights under 42 U.S.C. § 1983, claiming excessive force and failure to intervene. The defendants moved to dismiss, raising sovereign immunity and qualified immunity defenses. Body camera footage became central evidence during discovery. The case attracted national scrutiny regarding police training and use-of-force policies in New Mexico. Before trial, the parties reached a mediated settlement, with the state agreeing to a substantial financial payment without admitting wrongdoing.

Settled out of court for $4.5 million in October 2025; no admission of liability by the defendants, and the case was dismissed with prejudice.

Whether Officer Keller's use of a neck restraint constituted objectively unreasonable excessive force; whether the State of New Mexico failed to adequately train and supervise its officers; and whether the doctrine of qualified immunity shielded the officer from civil liability.

The case reignited national debate over qualified immunity and police reform, leading to renewed legislative efforts in New Mexico to mandate de-escalation training and ban carotid control holds statewide.