When Can the Government’s Misrepresentations Give Rise to a Constitutional Tort?

Authors

Antonio F. Perez, The Catholic University of America, Columbus School of LawFollow

Document Type

Article

Publication Date

2002

Abstract

Can allegations that senior State Department and National Security Council officials failed to inform a U.S. citizen that her foreign citizen husband was in foreign custody suffice to allege a denial of access to the courts in violation of the Fifth Amendment so as to give rise to a constitutional tort even absent any allegation that the plaintiff tried to file a lawsuit or was actually hindered in doing so?

If so, was that right clearly established as of the time of the government officials' conduct so as to defeat a defense of qualified immunity?

Recommended Citation

Antonio F. Perez, When Can the Government’s Misrepresentations Give Rise to a Constitutional Tort?, 2001-2002 PREVIEW U.S. SUP. CT. CASES 307 (2002).