Legal Definitions - malice exception

Malice exception is a limitation on a public official's qualified immunity. This means that the official can face civil liability for willfully exercising discretion in a way that violates a known or well-established right. For example, if a police officer intentionally violates someone's constitutional rights, they can be held liable for their actions.

One example of malice exception is when a police officer uses excessive force during an arrest. If the officer knew that their actions were violating the person's rights, they can be held liable for their actions. Another example is when a government official intentionally violates someone's freedom of speech or religion.

These examples illustrate how malice exception can hold public officials accountable for their actions. It ensures that they cannot use their position of power to violate people's rights without consequences.