GroundRules
32 CFR 536.42: Constitutional torts.
Where this section sits in the code
- Title 32—National Defense
- Subtitle A—Department of Defense
- CHAPTER V—DEPARTMENT OF THE ARMY
- SUBCHAPTER B—CLAIMS AND ACCOUNTS
- PART 536—CLAIMS AGAINST THE UNITED STATES
- Subpart B—Investigation and Processing of Claims
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.
Collected 2026-08-27T02:25:30Z. Source file · JSON