Filing a False Imprisonment Claim

Taking The First Step Toward Justice

For victims of false imprisonment, the hardest part is often the beginning. You know what happened was wrong, but the path to accountability feels overwhelming. How do you even start? What if the system ignores you the way it ignored your freedom in that moment? These are natural questions, and they’re the very reason the law allows you to file a claim.

At Horn Wright, LLP, we remind clients that starting the process doesn’t mean you need every answer right away. Taking the first step is about reclaiming your voice. Filing a claim says: my freedom mattered and taking it without cause has consequences.

That first step can feel intimidating, but it also sets the stage for everything that comes next, building evidence, presenting your case, and seeking justice for the violation you endured.

Where And How to File In New York

New York law provides multiple avenues for victims of false imprisonment to file claims. The forum you choose depends on who confined you and how the incident unfolded.

If a police officer or other public official was involved, claims may be filed under New York General Municipal Law §50-e, which requires a “Notice of Claim” within 90 days. This isn’t optional, it’s a prerequisite for suing municipalities and their employees. From there, the actual lawsuit must be filed within one year and 90 days.

Victims can also pursue civil lawsuits directly under state tort law for false imprisonment. These cases may be filed in state supreme court, where the core question is whether your liberty was restricted without legal justification. For cases involving constitutional violations by government officials, federal court under 42 U.S.C. §1983 is another option. Each pathway has benefits and risks, but all exist to give victims a legal remedy when confinement turns unlawful.

Required Documents and Evidence

Filing isn’t just about paperwork. It’s about showing why the confinement was unlawful and why you deserve redress. Evidence can make or break a claim, and gathering it early is critical.

Victims should collect as much documentation as possible: police reports, incident records, photographs, and medical files if the confinement caused injury. Eyewitness statements also matter, especially when they contradict official accounts. In New York, discovery rules under CPLR Article 31 allow attorneys to demand internal records, such as body camera footage or disciplinary histories of officers. Those records often reveal details the official narrative leaves out.

Supporting documents don’t just establish facts. They give your story weight. They show that what happened wasn’t a misunderstanding or exaggeration, but a clear violation of your right to move freely. The stronger the evidence, the more leverage you’ll have both in settlement talks and in court.

What To Expect During the Legal Process

Filing a claim is only the beginning. What follows is a legal process that can feel daunting, but understanding it makes it less intimidating.

Once a claim is filed, the other side, whether a city agency, private employer, or individual, will respond. Expect defenses like “probable cause” or “shopkeeper’s privilege.” In New York, courts analyze these defenses under statutes like CPLR §3211, which governs motions to dismiss. A strong complaint anticipates these defenses and shows why they don’t apply.

From there, the process moves into discovery, depositions, and potentially trial. Discovery is where evidence really comes to light. Depositions put officers, guards, or others under oath. And if trial comes, it’s where a jury hears your story. Many cases settle along the way, but preparing for trial is what keeps pressure on the other side.

The process takes time. It can be stressful. But step by step, it transforms your claim from an idea into a demand for justice.

Maine Requires Shorter Notice Filings Than New York For Claims Against Officers

Not every state gives victims the same time to act. Maine, for instance, requires notice filings against public officials in a much shorter window than New York. Victims there may have only months to act before losing their chance to bring a claim.

New York’s framework is stricter than some states but more flexible than others. With General Municipal Law §50-e, victims get 90 days to file notice. While that window is still narrow, it’s longer than the deadlines in places like Maine. And when minors or incapacitated individuals are involved, courts may even grant extensions under specific circumstances.

The comparison highlights why victims must act quickly no matter where they are. Every state sets its own rules, and the difference between filing on time or too late can be the difference between a case being heard or dismissed outright.

Choosing Between State and Federal Courts

Victims often wonder: should I file in state court or federal court? The answer depends on your goals and the nature of your claim.

State courts handle tort claims like assault, battery, and false imprisonment directly under New York law. These courts are experienced in evaluating whether confinement lacked legal justification. On the other hand, federal courts are the venue for constitutional claims under 42 U.S.C. §1983, which may allow broader remedies, including punitive damages.

Strategically, many victims pursue both. They file state tort claims and federal civil rights claims together, creating multiple paths to recovery. The key is knowing how to frame the claims so they work in tandem instead of conflicting. Attorneys who understand both systems can help victims choose the forum, or combination of forums, that maximizes their chance at success.

Avoiding Mistakes That Can Delay Your Claim

Even strong claims can stumble on procedural mistakes. The most common? Missing deadlines. As mentioned earlier, statutes of limitations are rigid. In New York, false imprisonment claims typically must be filed within one year under CPLR §215, unless they fall under federal jurisdiction. Missing that deadline often means losing the case entirely.

Another mistake is filing without sufficient detail. Courts demand more than broad allegations. Complaints must show specific facts about when, where, and how the unlawful confinement occurred. Vague filings invite dismissal.

Finally, victims sometimes fail to anticipate defenses. If a store detains you, they may argue shopkeeper’s privilege. If police are involved, they’ll likely claim probable cause. Addressing these arguments up front strengthens your case and prevents delays. The goal is to file smart, not just fast.

Horn Wright, LLP, Will Guide You From Filing To Resolution

Filing a false imprisonment claim isn’t just about paperwork. It’s about courage, persistence, and having the right guidance along the way. At Horn Wright, LLP, we’ve walked countless victims through this process, from that first intimidating step to resolution in court or settlement. Our civil rights attorneys understand the laws, the deadlines, and the defenses you’ll face, and we know how to navigate each one. If you’ve been confined unlawfully, we’ll make sure your claim is filed properly and your fight for justice never loses momentum.