constitutional tort
A constitutional tort is a violation of one’s constitutional rights by a government employee. The alleged constitutional violation creates a cause of action that is distinct from any otherwise available state tort remedy . “Constitutional tort” is a predominantly academic term originating in the aftermath of the Supreme Court’s decision in Monroe v. Pape (1961) , which held that 42 U.S.C. § 1983 provides a separate federal remedy for individuals suing state or municipal government officers who have violated their constitutional rights. The term is also used in the context of Bivens actions , which are lawsuits under federal common law for constitutional violations committed by federal government employees. As with common law torts, the usual remedy for constitutional torts is monetary damages.
[Last reviewed in June of 2021 by the Wex Definitions Team ]
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