Legal Definitions - misfeasance in public office

Misfeasance in public office is a specific type of civil wrong (known as a "tort") that occurs when a public official deliberately abuses their power, causing harm to an individual or group. It involves a public officer acting in bad faith, with malice, or with reckless indifference to the legality of their actions, specifically when exercising powers granted to them by law. This is more than just a simple mistake or poor judgment; it requires a conscious or reckless misuse of authority that results in damage or injury to another party.

Here are some examples to illustrate this concept:

• Example 1: Malicious Denial of a Business License

  Imagine a local government official responsible for issuing business permits. This official intentionally delays or outright refuses to grant a permit to a new restaurant owner, even though the restaurant meets all legal and safety requirements. The official's motive is personal animosity towards the owner, perhaps due to a past dispute unrelated to the business itself.

  This illustrates misfeasance because the official is exercising a statutory power (issuing permits). Their action is driven by malice (personal dislike) and constitutes a deliberate abuse of their authority, causing financial harm and delay to the business owner without any legitimate legal basis.

• Example 2: Reckless Misuse of Investigative Powers

  Consider a high-ranking police commander who, without any reasonable suspicion or legal justification, orders a targeted and intrusive surveillance operation on a specific community group known for its political activism. The commander's true intention is to intimidate the group and disrupt their activities, rather than to investigate a genuine crime, and they are aware that such an operation is likely illegal and will violate the group's rights.

  Here, the police commander is using their statutory power to direct law enforcement activities. The order is given with reckless disregard for the legality and rights of the community members, causing distress and demonstrating a deliberate abuse of their public office.

• Example 3: Deliberate Misinformation by a Public Health Official

  Suppose a senior public health official, during a widespread health crisis, deliberately withholds crucial information about the severity of a disease or publishes misleading statistics to downplay the situation. The official's aim is to prevent public panic or to protect the government's image, even though they know that this misinformation will lead to people making unsafe choices and potentially suffering serious health consequences.

  This demonstrates misfeasance because the official is exercising their power to manage and disseminate public health information. Their deliberate act of withholding or distorting critical data, knowing it will cause harm to the public, constitutes a malicious or reckless abuse of their public office.