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Criminal procedure

abuse of process

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 Tennessee, abuse of process is recognized as a civil cause of action that occurs when an individual uses the legal process against another individual primarily for an ulterior motive rather than to resolve a legitimate legal dispute. This tort requires a showing that the legal process was misused or perverted, and that such misuse was for an end not contemplated or sanctioned by the process. The plaintiff must prove that the defendant had an ulterior motive and that a definite act or threat not authorized by the process was done. The plaintiff must also show that they suffered damages as a result of the abuse of process. This tort is distinct from malicious prosecution, which involves wrongfully subjecting someone to the legal process without probable cause, but both can occur within the same factual scenario. Tennessee courts require specific factual allegations to support a claim of abuse of process, and mere speculation or conclusory statements are not sufficient to sustain such a claim.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

Articles

Tennessee State Code

Articles

Criminal procedure

abuse of process

Tennessee State Code