a civil penalty of $250,000 was imposed for the kind of conduct Reyes engaged in here. Accordingly, this factor provides no guidance in assessing the constitutionality of the award. Considering all of the Gore guideposts, we conclude that the jury’s award was unconstitutionally excessive in violation of due process and therefore properly remitted by the district court. Because the punitive damages award was excessive under the Due- Process Clause, we need not decide whether it was also excessive as .a matter of federal common law. See Exxon Shipping Co. v. Baker, — U.S. -, 128 S.Ct. 2605, 2626-27, 171 L.Ed.2d 570 (2008). Constitutional torts are governed by the federal common law, subject to the authority of Congress to legislate otherwise. See Smith, 461 U.S. at 34, 103 S.Ct. 1625 (<HOLDING>). In Exxon Shipping, the Court held that the
holding that damage remedies in  1983 suits are determined by looking first to the common law of torts both modern and as of 1871 recognizing legislative immunity of state legislators in  1983 suits for both damage and equitable relief holding that statute of limitations is tolled by pursuit of internal union remedies even where those remedies are ultimately determined to be futile holding that a state university is not a person within the meaning of  1983 and therefore is not subject to suits brought under  1983 holding that the remedies are exclusive