Official Misconduct – a public officer’s violation of duty by malfeasance, misfeasance, or nonfeasance

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official misconduct:

1. A public officer’s corrupt violation of assigned duties by malfeasance, misfeasance, or nonfeasance. — aka misconduct in office; misbehavior in office; malconduct in office; misdemeanor in office; corruption in office; official corruption; political corruption. [1]

1. An act constituting a breach of the good faith and right action impliedly required of all public officers.  Etzler v Brown, 58 Fla 221, 50 So 416.

Any act involving moral turpitude, or any act which is contrary to justice, honest, principle, or good morals, if performed by virtue of authority of office.  State v Examining & Trial Board, 43 Mont 399, 117 P 77.

Any unlawful behavior in relation to the duties of his office, willful in its character, of any officer intrusted in any manner with the administration of justice, or the execution of the laws.  Brackenridge v State, 27 Tex App 513, 11 SW 630. [2]

1. Malfeasance in office, misfeasance in office, or nonfeasance. [3]

Related Terms:

feasance – the doing or accomplishment of an act, condition, or obligation.

  • malfeasance – a wrongful, unlawful, or dishonest act; especially, wrongdoing or misconduct by a public official.
  • misfeasance – the performance of a duty or act which one ought or has a right to do, but in a manner such as to infringe upon the rights of others.
  • nonfeasance – the negligent failure to act when a duty to act exists.

Related Types of Torts:

government tort – committed by the government through an employee, agent, or instrumentality under its control.

constitutional tort – a violation of one’s constitutional rights by a government officer, redressable by a civil action filed directly against the officer.

Filing a Claim Against an Agent or Agency:

Tort-Claims Acta federal or state statute that, under stated circumstances, waives sovereign immunity and allows lawsuits by people who claim they have been injured by the government or its agents and employees; these laws typically require the prospective plaintiff to file a claim before starting litigation, giving the government an opportunity to engage in discovery and, sometimes, settle.


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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