Maritza v. Neely

On the evening of March 17, 2025, in Albuquerque, New Mexico, Maritza, a 29-year-old Latina woman, was driving home from work when Officer Daniel Neely initiated a traffic stop. Neely claimed her vehicle matched a burglary suspect’s description. Body camera footage showed Maritza calmly asking why she was stopped. Without warning, Neely pulled her from the car, deployed a taser on her back, and handcuffed her, resulting in a dislocated shoulder and contusions. No evidence of criminal activity was found. Maritza filed a civil rights lawsuit under 42 U.S.C. § 1983, alleging excessive force, unlawful detention, and racial profiling. The release of the footage by a local advocacy group went viral, drawing national attention. Neely was placed on administrative leave pending an internal investigation. The incident occurred amid a national reckoning over police use of force. Maritza’s attorneys argued that the stop was pretextual and motivated by racial bias, and that the officer ignored basic de-escalation protocols. The case prompted protests and calls for reform of use-of-force policies.

In early 2026, the U.S. District Court for the District of New Mexico denied Officer Neely’s motion for summary judgment based on qualified immunity, holding that a reasonable jury could find the force excessive and the seizure unlawful. The court identified genuine disputes of material fact regarding the threat posed by Maritza and the credibility of the officer's stated justification. The case is scheduled for trial in late 2026.

Whether Officer Neely's use of a taser and forcible detention constituted excessive force and an unreasonable seizure in violation of the Fourth Amendment; whether the traffic stop was pretextual and racially motivated; and whether Neely is entitled to qualified immunity from suit.

The case intensified public scrutiny of traffic-stop practices and police use of force against people of color. Viral bodycam footage spurred local protests and renewed demands for stricter use-of-force policies and independent oversight. The denial of qualified immunity was cited by advocates as a rare accountability milestone, and it influenced state-level legislative proposals to limit qualified immunity and mandate de-escalation training.