{"data":{"id":"us/32-cfr-536.42","jurisdiction":"us","citation":"32 CFR 536.42","heading":"Constitutional torts.","body":"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.","path":["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"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-32.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:30Z","sha256":"63aa148d1ff89f6e7fc6f224000164f25820612744fffe586aaacaf56a89ac9a","source_id":"us-cfr","stale":true,"prev":"us/32-cfr-536.41","next":"us/32-cfr-536.43"},"notice":"GroundRules: Original legal text. Not legal advice."}