What is the test for an action for abuse of process?

4. Finally, Fernandez-Bravo argues that he provides sufficient evidence of an improper primary purpose to support his abuse of process claim, and that qualified immunity is not a defense to this claim. He relies on the same factual arguments made in his First Amendment claim. "An action for abuse of process lies against any person using a legal process against another in an improper manner or to accomplish a purpose for which it was not designed." Larobina v. McDonald, 274 Conn. 394, 403 (2005) (internal citation and quotation marks omitted). The improper purpose must be the primary purpose for the process effected upon a plaintiff, because "the addition of primarily is meant to exclude liability when the process is used for the purpose for which it is intended, but there is an incidental motive of spite or an ulterior purpose of benefit to the defendant." Id. at 403-404. There is no evidence that the "retaliatory purpose" alleged by Fernandez-Bravo was the primary purpose for the process effected on him; indeed, as discussed above, other than his own statements, there is no evidence of any retaliatory motive.

Accordingly, the judgment of the district court is hereby AFFIRMED.