Constitutional Wrongs and Common Law Principles: The Case for the Recognition of State Constitutional Tort Actions against State Governments

Jefferson, T. Hunter, Vanderbilt Law Review

I. INTRODUCTION

Imagine an individual whose friend has allowed him to stay in a bedroom of his trailer home. This individual brings his most treasured and personal possessions along with him. Two police officers, after receiving information of potential criminal activity from an informant, enter the trailer without a warrant. Instead of obtaining a warrant, the officers solicit the consent of a third party and ransack the bedroom-leaving it in complete disarray. They find no evidence of the alleged criminal wrongdoing and seize no property. Although the police do not arrest the individual, they have humiliated him and have invaded his privacy. These state agents acted without a …

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Publication information: Article title: Constitutional Wrongs and Common Law Principles: The Case for the Recognition of State Constitutional Tort Actions against State Governments. Contributors: Jefferson, T. Hunter - Author. Journal title: Vanderbilt Law Review. Volume: 50. Issue: 6 Publication date: November 1997. Page number: 1527+. © Vanderbilt Law Review Jan 2009. Provided by ProQuest LLC. All Rights Reserved.

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