Legal Definitions - government tort

A government tort is a civil wrong committed by the government through an employee, agent, or instrumentality under its control. The tort may or may not be actionable, depending on whether the government is entitled to sovereign immunity. A tort action against the U.S. government is regulated by the Federal Tort Claims Act, while a state action is governed by the state's tort claims act.

For example, if a police officer uses excessive force during an arrest, it could be considered a government tort. The victim could file a civil action directly against the officer for violating their constitutional rights under 42 USCA § 1983.

Another example of a government tort is if a city employee causes damage to someone's property while performing their job duties. The victim could file a claim against the city under the state's tort claims act.

Overall, a government tort is a civil wrong committed by the government or its employees, and the victim may be able to seek damages through a civil action or claim.