32 CFR 536.42 : National Defense (Part 1 To Parts 2801-2899) — (Parts 400-500 To Parts 626-629) — Department Of Defense (Continued) (Parts 400-500 To Parts 626-629) — Department Of The Army (Parts 400-500 To Parts 626-629) — Claims And Accounts (§ 534.1 To § 538.6) — Claims Against The United States (§ 536.1 To § 536.157) — Investigation And Processing Of Claims (§ 536.22 To § 536.72) — Constitutional torts.

4 Aug 2016

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.

32 CFR 536.42