Statute of Limitations for False Imprisonment Cases

Timing Is Everything in False Imprisonment Claims

When it comes to false imprisonment cases, timing can make or break everything. You could have the strongest facts, solid witnesses, even video proof. But if you miss the filing window, courts won’t even look at the case. The door slams shut, no matter how unfair that feels.

At Horn Wright, LLP, our civil rights attorneys have seen this firsthand. People call us months or even years after being unlawfully detained, hoping to sue. They’ll say, “But it just took me a while to process what happened.” Unfortunately, the law doesn’t wait. Statutes of limitations exist to push victims to act quickly, and once those deadlines pass, even the clearest injustice can’t move forward in court.

The good news is that New York gives victims a fairer amount of time than some states. But the clock starts ticking earlier than many people realize.

Filing Deadlines In New York Civil Courts

In New York, the deadline depends on who confined you. If it’s a private party, say, a store security guard or a private employer, the statute of limitations is generally one year under New York’s civil law for intentional torts. That year can go by quickly, especially if someone is juggling work, family, and the aftermath of an unlawful detention.

When police or other public entities are involved, things change. Claims against municipalities like the NYPD usually require a Notice of Claim to be filed within 90 days. Miss that, and the entire lawsuit could collapse before it starts. After the notice, victims typically have one year and 90 days to bring the suit formally.

For state-level claims, the New York Court of Claims Act imposes even stricter timelines when suing the state itself. Each situation has its own nuances, which is why understanding which deadline applies is critical.

How Federal Deadlines Differ

Sometimes false imprisonment isn’t just a state matter. When police or security personnel violate constitutional rights, victims can bring a federal claim under 42 U.S.C. §1983. These lawsuits cover violations of the Fourth Amendment’s protection against unlawful seizure, among others.

Federal law doesn’t have its own nationwide statute of limitations for §1983 claims. Instead, courts borrow the state’s personal injury deadline. In New York, that typically means three years from the date of the unlawful detention. That’s a longer window than state false imprisonment claims, but it doesn’t mean victims can sit back and wait. Evidence fades, witnesses move, and video can be erased.

So while federal cases sometimes offer a broader timeframe, the strategy usually involves filing as soon as possible in both systems to preserve every option.

When The Clock Starts on Your Claim

This is where many people get tripped up. The statute of limitations doesn’t begin when you realize what happened was unlawful. It usually starts the moment the confinement ends.

If a shopper is locked in a store’s back room for an hour and then released, the one-year clock starts that day. If someone spends three nights in jail before charges are dropped, the countdown begins upon release.

There are exceptions. For example, if a conviction is later overturned, the clock might start when the conviction is vacated rather than the original detention. Courts have also recognized limited “tolling” situations, like when a victim is a minor or mentally incapacitated, which pause the clock temporarily. But those are rare and require careful legal argument.

The safest assumption? The timer starts the day the confinement ends, not the day you decide to act.

In New Hampshire, Statutes of Limitations Are Shorter Than In New York

Not every state gives victims the same breathing room. New Hampshire, for example, often imposes shorter statutes of limitations on civil rights and false imprisonment claims. That means victims there may have even less than a year to take legal action, especially against government entities.

New York provides a somewhat more generous framework, though still strict. The difference highlights how geography impacts justice. Two people with nearly identical cases, one in New Hampshire, one in New York, may see very different outcomes simply because of filing windows.

This is why timing isn’t just a technicality. It’s a structural barrier that changes depending on where the confinement happened.

What Happens If the Deadline Passes

Missing the statute of limitations feels like watching a door close and lock from the inside. Courts don’t just frown on late filings, they refuse to hear them. Judges dismiss the case outright, no matter how strong the evidence.

There are narrow exceptions. Lawyers sometimes argue for “equitable tolling” if extraordinary circumstances prevented filing, like severe illness or deliberate deception by the defendant. But courts rarely accept those arguments. Most of the time, missing the deadline means losing the right to sue permanently.

That’s why waiting is so dangerous. Even victims who feel “not ready” to confront what happened benefit from at least consulting an attorney early. The legal clock won’t stop running while you’re healing.

Why You Should File Immediately

False imprisonment cases are built on details: surveillance footage, witness testimony, medical records. Those details don’t last forever. Cameras overwrite tapes in weeks. Witnesses’ memories fade. Employers shred old records.

Filing quickly preserves more than just your place in court, it preserves evidence. An attorney can send preservation letters to businesses, demand records under New York’s CPLR Article 31, and start discovery before key material disappears.

There’s also the psychological side. Many clients feel relief once a claim is filed. They shift from being a victim to being an active participant in their own justice. Acting immediately isn’t just smart legally. It can be empowering emotionally.

Horn Wright, LLP, Ensures You Never Miss A Filing Window

Deadlines don’t forgive. But with the right guidance, you don’t have to worry about them. At Horn Wright, LLP, we track every statute of limitations, from the 90-day municipal deadlines to the longer federal ones, making sure no clock runs out unnoticed. We move quickly to preserve evidence and position cases for the best outcome. If you’ve been confined unlawfully, our dedicated civil rights attorneys will make sure your case is filed on time, and fought with urgency from day one.