17-b-3 Constitutional Torts

• Library: A Jailhouse Lawyer's Manual (2020 Edition)

17-B-3. Constitutional Torts

The violation of your constitutional rights is another type of tort. The state officers and employees you encounter have the same duty not to harm you and your property that other citizens have. However, because they are state actors, they also have a duty not to violate your federal or state constitutional rights. You should read JLM, Chapter 13, "Federal Habeas Corpus," and Chapter 16, "Using 42 U.S.C. §1983 and 28 U.S.C. § 1331 to Obtain Relief from Violations of Federal Law" if you believe your federal constitutional rights have been violated.

(a) Violation of State Constitutional Rights

When the state government violates your rights under the state constitution, you may be able to sue the state for damages. ¹⁶ Part C of this Chapter explains more about choosing the right court in which to file your claim. But if you wish to sue the State of New York, you must file your case in the New York Court of Claims. ¹⁷ To prove a constitutional tort against the state, you must show that the state harmed you and that the state's actions violated specific rights listed in the state constitution. For example, you can sue the state government if the state discriminated against you because of your race or religion.¹⁸

The New York Court of Appeals ¹⁹ established the right to bring claims for violations of the state constitution in the 1996 case Brown v. State.²⁰ However, Brown only addressed tort claims based on the equal protection clause and the search and seizure clause of the New York Constitution.²¹ The court did not decide whether...