What does a constitutional tort arise from?

A constitutional tort arises from guarantees afforded to us in the U.S. Constitution because it involves violations of constitutional rights by state actors. When a government official or entity acts in a way that infringes upon an individual's constitutional rights, such as the right to free speech, due process, or equal protection under the law, it can give rise to a constitutional tort. This concept is rooted in the fundamental rights that the Constitution provides, which are intended to protect individuals from abuses of power by the government.

State laws, regulations imposed by local authorities, and policies set by federal agencies do not constitute constitutional torts, as they do not directly relate to the enforcement or violations of constitutional guarantees. Instead, constitutional torts are specifically tied to actions that contravene those rights enshrined in the Constitution itself.