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 Nebraska, abuse of process is recognized as a civil cause of action. It occurs when someone uses the legal process against another individual primarily to accomplish a purpose for which the process was not designed. To establish a claim for abuse of process in Nebraska, the plaintiff must prove two essential elements: (1) an ulterior purpose, which means the legal process is used to achieve a goal not intended or appropriate for that process, and (2) a willful act in the use of the process that is not proper in the regular conduct of the proceeding. Examples of abuse of process might include filing a lawsuit with no legitimate basis in order to intimidate or harass the defendant, or using court-issued subpoenas for purposes unrelated to the subject matter of the lawsuit. If a court finds that abuse of process has occurred, the responsible party may be liable for damages suffered by the victim of the abuse. This tort aims to protect individuals from the misuse of legal procedures and to ensure that the legal system is used for legitimate purposes only.