ABSTRACT
This chapter focuses on public employees' personal liability for constitutional torts, which makes "constitutional competence" a matter of basic job competence by requiring public personnel to know the constitutional law that governs their official actions. In terms of public employees' constitutional tort liability, the courts refused to interpret literally the Act's explicit application to "every person who". Instead, the judiciary reasoned that in writing "every person", Congress had not intended to override the long-standing absolute immunity at common law enjoyed by many state and local government officials, including legislators and judges, from civil suits for money damages. Consequently, even though these nonfederal officials and employees might be directly responsible for the violation of individuals' constitutionally protected rights, they could not be sued for money damages under the Act. Scheuer v. Rhodes and Wood v. Strickland opened the door to many suits against public administrators by individuals seeking money damages for alleged violations of their constitutional rights.
