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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 32 - National Defense |
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Subtitle A - Department of Defense |
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Chapter V - Department of the Army |
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SubChapter B - Claims and Accounts |
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Part 536 - Claims Against the United States |
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Subpart B - Investigation and Processing of Claims |
§ 536.42 - Constitutional torts.
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§ 536.42 Constitutional torts.
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.