28-22-4. Private remedies.

A.     A person whose free exercise of religion has been restricted by a violation of the New Mexico Religious Freedom Restoration Act [28-22-1 to 28-22-5 NMSA 1978] may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government agency, including:   

(1)     injunctive or declaratory relief against a government agency that violates or proposes to violate the provisions of the New Mexico Religious Freedom Restoration Act; and   

(2)     damages pursuant to the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978], reasonable attorney fees and costs.   

B.     Immunity from liability of the government agency and its employees is waived for an action brought pursuant to this section.