Legal Definitions - constitutional tort

A constitutional tort is when a government employee violates someone's constitutional rights. This creates a legal claim that is different from other types of lawsuits. The term "constitutional tort" is mostly used in academic discussions and legal cases involving government officials.

For example, if a police officer uses excessive force during an arrest and violates the person's Fourth Amendment right against unreasonable searches and seizures, the person can sue the officer for a constitutional tort. Similarly, if a prison guard denies a prisoner medical treatment and violates the Eighth Amendment's prohibition against cruel and unusual punishment, the prisoner can sue the guard for a constitutional tort.

The usual remedy for a constitutional tort is monetary damages, which means the person who was harmed can receive money to compensate for their losses. This is different from other types of lawsuits, where the remedy might be an injunction or other non-monetary relief.