MALICE EXCEPTION

malice exception.A limitation on a 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. See qualified immunity under IMMUNITY(1). [Cases: Civil Rights 1376.C.J.S. Civil Rights §§ 143–144, 146, 157, 160.]

[Blacks Law 8th]