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Abuse of power or abuse of authority, in the form of "malfeasance in office" or "official abuse of power", is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. Malfeasance in office is often a just cause for removal of an elected official by statute or recall election.
Although the U.S. president is frequently sued in his governmental capacity, he normally is not sued in his personal capacity as being personally liable. [11] In 1982, the Supreme Court held in Nixon v. Fitzgerald that the president enjoys absolute immunity from civil litigation for official acts undertaken while in office. [11]
In law, individual capacity is a term of art referring to one's status as a natural person, distinct from any other role. [ 1 ] For example, an officer , employee or agent of a corporation , acting "in their individual capacity" is acting as an individual, rather than as an agent of the corporation.
First, malfeasance in office requires an affirmative act or omission. Second, the act must have been done in an official capacity—under the color of office. Finally, that that act somehow interferes with the performance of official duties—though some debate remains about "whose official" duties.
The appeals court panel ruled on December 1, 2023, that the district trial court was correct in dismissing the broad presidential immunity claims made by Trump, but implied that the former president might argue that he was acting in an official capacity when he addressed the protest crowd. [18]
In the United States, qualified immunity is a judicial doctrine created by the Supreme Court that protects government actors for actions taken while acting in their official capacity unless they violate "clearly established" statutory laws or constitutional rights. [1]
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Any such person acts in their official capacity, in carrying out the duties of their office; they are also said to officiate, for example, in a ceremony. A public official is an official of central or local government .