Constitutional and Specialized Torts Litigation (CSTL) consists of three sections. The Constitutional Torts staff represents current and former federal employees in their individual capacities against claims challenging conduct undertaken within the scope of their employment and seeking to recover money damages from their personal assets. Most commonly, these are personal liability, constitutional tort claims, which under some circumstances may be implied by the district courts. See Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971). In addition, the Constitutional Torts Staff is the primary point of contact for questions regarding the Attorney General’s Representation Guidelines (published at 28 C.F.R. §§ 50.15 and 50.16) and for authorizing individual representation in the personal liability cases handled by the U.S. Attorney Offices.

Exception. Any case challenging the adequacy of medical care for incarcerated persons, including those asserting Bivens claims, falls within the responsibility of the FTCA staff.

Attorneys within the Vaccine Litigation section of CSTL represent the Secretary of Health and Human Services in official capacity cases seeking to recover money damages under the National Vaccine Injury Compensation Program. These cases are litigated in the U.S. Court of Federal Claims and involve allegations of injuries and death caused by certain vaccines.

Finally, attorneys and support professionals within CSTL’s RECA Program are responsible for reviewing and adjudicating claims seeking compensation for injuries caused by certain types of radiation exposure, under procedures created by the Radiation Exposure Compensation Act.

[updated April 2018]