Constitutional torts are legal actions or claims resulting from government officials breaking federal law or the U.S. Constitution. In short, these torts are violations of a person’s civil rights, protected by the Constitution and other federal laws.
Types of Constitution Torts
The most well-known type of constitutional tort is a “civil rights violation” such as police brutality or discriminatory practices based on race, gender, or religion. These can come under the Fifth Amendment, due process clause, as a violation of someone’s right to be secure and free from government interference. Other types of constitutional torts can include violations of first amendment rights, like freedom of speech, or violations of fourth amendment rights, such as excessive search and seizure.
Examples of Constitutional Torts
For example, in the recent news, former Minneapolis police office Derek Chauvin was charged with multiple counts of civil rights violations after the death of George Floyd. Here, an individual’s right to be free from violence and discrimination in the United States had been infringed upon and upheld in a federal court of law.
In another case, a government office refused to issue a marriage license to same-sex couples, in clear violation of Eighth Amendment rights. This led to a lawsuit that found in favor of the couple, showing that even a small action by a government agency can result in serious consequences.
Final Thoughts on Constitutional Torts
Overall, constitutional torts are an important legal tool that protects people’s civil rights from overzealous government interference. They are a key component of the legal system and can be used to hold government officials accountable for their actions.