New York False Imprisonment Attorneys

Being Confined Without Cause Is a Violation of Your Freedom

Being held against your will changes how you move through the world. After a false imprisonment,it’s not just confusion and anger, there’s a deep sense of fear that follows you. You might replay what happened over and over again, wondering how it was allowed to happen. Whether it lasted ten minutes or ten hours, being restrained without a lawful reason feels like a complete loss of control.

And if you’re like many people in New York who’ve experienced this, you may be afraid to speak up. There’s often a worry that no one will believe you, especially if a uniform or a badge was involved. But false imprisonment is very real. And under both New York and federal law, it’s illegal. You have rights. Our job is to help you assert them. You’re not overreacting. You didn’t imagine it. And you don’t have to stay silent.

At Horn Wright, LLP, we’ve helped countless New Yorkers take back their power after being unlawfully detained. Our civil rights attorneys combine sharp legal strategy with deep compassion for what our clients are going through. We’ll fight for your freedom, your dignity, and the justice you deserve whether you were wrongfully held by police, a store manager, or someone else who crossed the line.

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What Counts as False Imprisonment in New York

False imprisonment happens when someone deliberately holds or restrains you without legal justification. In New York, this can fall under both criminal law (Penal Law §135.05) and civil tort law. The key elements are simple: you were confined, you didn’t consent, and the person had no legal authority.

This can look like an arrest without probable cause, or a store employee blocking you from leaving a room. It also covers situations where a person uses threats instead of physical force to keep you somewhere. Even a few minutes of unlawful detainment can form the basis of a valid claim especially when it’s part of a pattern of misconduct.

Here’s what’s important: false imprisonment isn’t just something police officers can be guilty of. It also applies to:

• Private individuals
• Employers
• Security personnel
• School staff

If someone uses their authority or position to trap you (even briefly) you may have a case.

Common Examples of False Imprisonment

Every situation is different, but here are some scenarios that often lead to false imprisonment claims:

• Being detained by a store for shoplifting when there's no solid reason
• Getting arrested by police without probable cause or a warrant
• An employer forcing you to stay in a room during an internal investigation
• A school principal refusing to let a student leave the office without cause
• TSA or airport security holding you for questioning long after you’ve cooperated

These moments often feel confusing. You may think you “have to” comply — but that’s exactly how false imprisonment tends to work. People in positions of perceived power rely on fear and uncertainty. They know that most people won’t push back in the moment, even when something feels very wrong.

False Imprisonment by Police

New York’s policing tactics (especially in cities like NYC) can sometimes cross legal lines. A stop-and-frisk that goes too far or an arrest based on shaky information can quickly turn into false imprisonment. Police must have probable cause. Without it, detaining you violates your rights.

While officers often claim “qualified immunity” to shield themselves from lawsuits, that protection doesn’t always apply. Courts have rejected that defense in plenty of New York cases where police acted recklessly or without proper legal basis.

Whether it’s a traffic stop, a street detainment, or an overreach during a protest, if the law wasn’t followed, you may have a case. No matter the badge or uniform, no one is above the law.

False Imprisonment in the Workplace

Workplace detainment happens more often than people think. Maybe your manager tells you not to leave until you answer questions. Maybe they lock the office door and hold your phone. That’s not discipline: it’s false imprisonment.

New York’s Human Rights Law and civil tort law offer pathways to hold employers accountable. If you’ve documented:

• Forced isolation
• Threats of firing unless you comply
• Restrictions on movement inside the workplace

...you may be able to take legal action. Text messages, emails, and witness statements can be powerful. Many of these cases involve psychological pressure instead of physical force — but the law recognizes both.

False Imprisonment by Private Security and Retail Stores

Retail stores often rely on “shopkeeper’s privilege,” a law under General Business Law §218 that allows them to briefly detain someone suspected of shoplifting. But that privilege has limits.

If you were followed around, pulled into a back room, questioned aggressively, or held without solid evidence, that crosses the line. Surveillance cameras, receipts, and witness testimony often make or break these cases. And the emotional toll, the shame and fear, is real. Many clients develop anxiety about shopping again.

False imprisonment here often turns into a broader civil rights issue. You were treated like a criminal without any real justification. That’s not just unfair, it’s unlawful.

False Imprisonment of Students and Minors

False imprisonment isn’t just an issue for adults. Children and teens are especially vulnerable to being restrained or isolated by authority figures at school. Whether it's done under the label of “discipline” or “safety,” illegal detainment of minors can cause deep psychological harm and violates both state and federal law.

Schools have a duty to protect students, not confine them without reason. We’ve seen disturbing cases involving:

• Isolation rooms
• “Disciplinary holds” without parent notification
• Physical restraints that weren’t justified

New York law requires timely parental notification. Federal protections under Section 1983 also apply if school officials violate due process rights. If your child was restrained, questioned, or isolated unfairly, it could form the basis of a strong legal claim.

False imprisonment of children is especially traumatic. The power imbalance, the confusion, and the fear of speaking up can leave lasting emotional scars.

Unlawful Detainment at Airports and Security Checkpoints

Airports are high-stress environments where authority figures, like TSA agents and federal officers, sometimes take things too far. While they have important duties to protect passengers, those duties don’t cancel out your rights. If you're held for an unreasonable length of time or questioned without cause, that may be unlawful.

If you’re held for too long without clear reason, interrogated without justification, or prevented from boarding without evidence, your rights may have been violated. In these cases, small pieces of evidence matter:

• Timestamped boarding passes
• Surveillance footage
• Eyewitnesses in the line or terminal

Federal authority ends where constitutional rights begin. You don’t give up your protections just because you’re in an airport.

Wrongful Arrest vs. False Imprisonment

These two legal claims are closely related, and in many situations, both may apply. False imprisonment often happens first, when you’re held without cause. A wrongful arrest may follow, especially if charges are filed based on inaccurate or missing information. Understanding both can strengthen your legal options.

That said, you can usually sue for both, and doing so often strengthens your claim. Damages can include:

• Reputational harm
• Lost wages
• Emotional trauma

In many cases, the false imprisonment sets the stage for the arrest, which leads to further rights violations. You deserve justice for each stage of the harm.

When a Bail Violation Leads to Unlawful Detainment

Sometimes, the justice system makes mistakes, and those mistakes can land people back in jail. Maybe your court date was rescheduled, but the notice never got to you. Or you checked in with your bail officer, but someone marked you absent. These aren’t just small errors. They can cost you your freedom.

If you were detained despite meeting your bail conditions, that could be false imprisonment. New York law and federal civil rights statutes both allow you to challenge wrongful jail time, especially when it results from a system mistake. You shouldn’t be punished for someone else’s error.

False Imprisonment and Malicious Prosecution

These two claims often go hand-in-hand. False imprisonment may occur during your initial detainment, and malicious prosecution can arise when someone continues to push charges without any real basis. When bad motives and a lack of evidence collide, the law gives you tools to fight back.

To prove it, you’ll need to show:

• There was no probable cause
• The person acted with malice
• The case ended in your favor

Many successful civil rights claims combine these two elements. The false imprisonment lays the groundwork. The malicious prosecution reveals intent. Together, they paint a full picture of abuse.

False Imprisonment and Wrongful Convictions

A wrongful conviction is one of the most devastating outcomes someone can face. Years (even decades) can be lost behind bars. False imprisonment is at the heart of every wrongful conviction, and when the truth finally comes out, survivors deserve more than just an apology.

Wrongful convictions are the most extreme form of false imprisonment. If you were incarcerated for something you didn’t do, New York’s Court of Claims Act §8-b may allow compensation. So can Section 1983 civil rights claims.

People who’ve lived through wrongful incarceration often suffer deep trauma. The loss of family moments, careers, and time itself can’t be overstated. These cases aren’t just about money. They’re about justice.

Rebuilding your life after years in prison takes time, support, and accountability from the system that failed you. You deserve nothing less.

Horn Wright, LLP, Represents Victims of False Imprisonment Across New York

Horn Wright, LLP, stands beside victims of false imprisonment across New York, including those in Vermont, New Hampshire, and Maine. Our legal team brings deep trial experience and emotional sensitivity to every case. We’ve built our reputation by holding powerful institutions accountable, from NYPD precincts to private security firms. With sharp investigative tools and a relentless drive for justice, we pursue the truth and fight for your rights every step of the way.

We understand what’s at stake. When your freedom is taken away without cause, it leaves a mark. Contact our offices today for a FREE consultation.