§ 536.42. Constitutional torts.
69 words·~1 min read·
/us/cfr/t32/s§ 536.42·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A claim for violation of the U.S. Constitution does not constitute a state tort and is not cognizable under any subpart. A constitutional claim will be scrutinized in order to determine whether it is totally or partially payable as a state tort. For example, a Fifth Amendment taking may be payable in an altered form as a real estate claim. For further discussion see DA Pam 27-162, paragraph 2-36.