Merrow v. Hawkins

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, for purposes of official immunity, actual malice does not include even acts taken with reckless disregard for the rights of others
• holding that an officer “is entitled to official immunity unless he acted with actual malice.”
• holding that implied malice is reckless disregard as compared with actual malice which is an intent to do wrong
• explaining that because a jailer was ex- ercising discretionary power, he was entitled to official immunity unless he acted with “actual malice”
• distinguishing “actual malice” from “ ‘implied malice’, a term which has been defined to mean conduct exhibiting a ‘reckless disregard for human life’ ”
• noting that official immunity “developed primarily through case law”

Source: CourtListener parenthetical corpus (CC0).