What Counts As A Constitutional Tort?

The U.S. Constitution guarantees individuals certain rights, including protections against government overreach. When a government official or entity violates those rights, it may give rise to a constitutional tort. This is a legal claim that allows individuals to seek damages for constitutional violations.

In Maryland, these cases often arise when government actions cross the line into misconduct. But understanding what actually qualifies as a constitutional tort (and what doesn’t) is critical before pursuing a claim. To have your unique situation addressed, connect with a Baltimore police misconduct lawyer.

Common Examples of Constitutional Torts

A constitutional tort occurs when a government official, acting under the authority of their position, violates someone’s constitutional rights. Unlike typical personal injury claims, these cases don’t involve negligence or accidents, they center on government accountability.

For example, a police officer, corrections officer, or government agency that infringes on someone’s First, Fourth, or Eighth Amendment rights could face liability through a constitutional tort action. Federal cases are typically brought, while Maryland law also recognizes certain constitutional claims under the state constitution.

Some of the most frequent situations that may give rise to a constitutional tort include excessive force by police officers in violation of the Fourth Amendment and unlawful searches and seizures without a valid warrant or probable cause. Additionally, cruel and unusual punishment claims against correctional facilities under the Eighth Amendment and retaliation against free speech or unlawful restrictions on First Amendment rights are possible.

In each case, the core issue is not whether harm occurred in general, but whether a constitutional right was violated by someone acting with governmental authority.

What Does Not Count

It’s just as important to understand what doesn’t qualify. Many people confuse ordinary misconduct or negligence with constitutional violations.

• Private disputes. If a private individual or company wrongs you, that is not a constitutional tort unless they are acting as a government agent. For instance, a store security guard detaining someone unlawfully usually creates a false imprisonment claim, not a constitutional tort.
• Employment disagreements. Being unfairly disciplined or fired from a private job isn’t a constitutional issue. Unless a government employer violated rights like due process or free speech, these are workplace or contract matters.
• General negligence by government workers. If a city employee accidentally causes a car accident, that’s a personal injury claim, not a constitutional tort. Constitutional claims require intentional or rights-based violations, not simple carelessness.
• Unpleasant treatment without rights violations: Being treated rudely by a government official, while frustrating, does not necessarily rise to the level of a constitutional violation.

Not every injustice is a constitutional tort, but when your fundamental rights are violated by the government, you deserve accountability. Speaking with a Baltimore police misconduct lawyer is the first step in understanding your options and ensuring your rights are protected.

Do you want someone to evaluate whether your situation involves a constitutional right violation? The legal team at Iamele & Iamele, LLP can answer your questions and guide you through a filing. To learn more, contact us to book a confidential consultation.