As noted earlier, the same formulation also appears in the statute. 431 Mich 708. I appreciate that the clear, broad concept of absolute immunity is easier for the courts to apply. But, in balance, a remedy must be available to address an intentional use or misuse of governmental authority for a purpose not authorized by law. For that reason, I believe the Marrocco decision was not a mistake, and I apply its holding without reluctance.
None involves an inquiry into a person's subjective state of mind.