Although police officers are granted immunity from personal liability for discretionary acts within the scope of their authority, a police officer may be personally liable for even discretionary acts when done with actual malice or with the intent to injure. An act is done with actual malice when the police officer has a deliberate intention of wrongdoing. In contrast, a police offices performing a ministerial duty does not need specific intent of wrongdoing and may be found personally liable based on negligence. Phillips v. Hanse, 281 Ga. 133, 637 S.E.2d 11 (2006).
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