Abuse of process is the improper use of the courts and other legal processes for an improper or unlawful motive or purpose, such as harassment or coercion. Abuse of process is an intentional tort (wrong) and may arise in a civil or criminal proceeding.
In Connecticut, abuse of process is recognized as a civil cause of action. It occurs when someone uses the legal process against another individual primarily for an ulterior motive, rather than to resolve a legitimate legal dispute. This might include filing lawsuits, legal motions, or other court processes with the intent to harass, intimidate, or burden the other party, rather than to achieve a just outcome. To establish a claim for abuse of process in Connecticut, the plaintiff must prove that the defendant had an ulterior motive in using the legal process and that they performed a willful act that was not proper in the regular conduct of the proceeding. This tort aims to protect individuals from the misuse of legal procedures and to uphold the integrity of the legal system. If a court finds that abuse of process has occurred, it may award damages to the victim, including compensatory damages for the harm suffered and, in some cases, punitive damages to punish the wrongdoer.