malice exception – a limit on public officials’ qualified immunity, whereby they can face civil liability for willfully exercising discretion in a way that violates a known or well-established right

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malice exception:
(1977)

1. A limitation on public official’s qualified immunity, by which the official can face civil liability for willfully exercising discretion in a way that violates a known or well-established right. [1]

Related Terms:

qualified immunity – a public official’s immunity from civil liability when performing a discretionary function, as long as the conduct does not violate a clearly established constitutional or statutory right. — aka prima facie privilege

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

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

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