Council on Law Enforcement Education and Training (CLEET) Law Enforcement Driver Practice Test

What defines a constitutional tort in terms of legal action against an officer?

1. US Code title 18 sec 1983

2. US Code title 14 sec 1983

3. Title 42 sec 1983

4. Title 28 sec 1983

The correct answer is: US Code title 14 sec 1983

In the context of legal actions against law enforcement officers, the proper definition of a constitutional tort is rooted in Title 42 of the United States Code, Section 1983. This section provides a civil remedy for individuals whose constitutional rights have been violated by someone acting under the authority of state law. It allows individuals to sue for damages when law enforcement officers or other public officials do not adhere to constitutional standards, resulting in harm. The significance of this section lies in its provision for accountability of public officials, including law enforcement, who misuse their authority to violate individuals' rights. Therefore, when discussing constitutional torts, the correct reference is to Title 42, not Title 18, Title 14, or Title 28, which pertain to different legal matters and do not provide the framework for civil rights violations actionable under federal law.