What is the test for an abuse of process claim?
MultiRegion, United States of America
The following excerpt is from Mitchell v. City of N.Y., 841 F.3d 72 (2nd Cir. 2016):
We now turn to appellants' abuse-of-process claim. To successfully state such a claim, it is not sufficient for a plaintiff to allege that the defendants were seeking to retaliate against him by pursuing his arrest and prosecution. Instead, he must claim that they aimed to achieve a collateral purpose beyond or in addition to his criminal prosecution. Savino v. City of N.Y., 331 F.3d 63, 77 (2d Cir. 2003).
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