Protecting Your Constitutional Rights Against Unlawful Detention

No one should be deprived of their freedom without lawful authority. Whether you were wrongfully detained by police, held in jail after you should have been released, or confined without legal justification, you may have the right to seek compensation for the violation of your constitutional rights.

False imprisonment is a serious form of police misconduct that can have devastating personal, emotional, and financial consequences. At Wiener Legal, we represent individuals throughout Pennsylvania whose civil rights have been violated by unlawful detention and other forms of police misconduct. Our attorneys are committed to holding law enforcement officers and government agencies accountable when they abuse their authority.

If you believe you were unlawfully detained or confined, our legal team is prepared to evaluate your case and explain your legal options.

False Imprisonment Attorney

What Is False Imprisonment?

False imprisonment occurs when a person is intentionally confined or restrained against their will without legal authority or lawful justification. In the context of police misconduct, false imprisonment often happens when law enforcement officers continue to detain someone even though there is no legal basis for keeping them in custody.

The Fourth Amendment to the United States Constitution protects individuals from unreasonable seizures, while the Fourteenth Amendment guarantees due process of law. When government officials unlawfully deprive someone of their liberty, they may be held liable under federal civil rights laws as well as Pennsylvania law.

Unlike false arrest, which focuses on the act of taking someone into custody, false imprisonment concerns the unlawful detention that follows.

Examples of False Imprisonment

False imprisonment can occur in many situations, including:

  • Holding someone in jail after charges have been dismissed
  • Detaining an individual after posting bail
  • Continuing detention after officers discover they arrested the wrong person
  • Unlawful investigative detentions that extend beyond legal limits
  • Detaining someone without probable cause
  • Refusing to release someone after a court orders their release
  • Holding an individual based on mistaken identity
  • Detaining someone without a valid warrant when one is legally required
  • Preventing someone from leaving during an unlawful police encounter

Each case depends on its specific facts and whether law enforcement had legal authority to continue the detention.

Can You Sue for False Imprisonment?

If you were unlawfully detained by law enforcement or another government agency, you may have the right to pursue compensation through a civil rights lawsuit.

Many false imprisonment claims are brought under 42 U.S.C. § 1983, which allows individuals to seek damages when government officials violate constitutional rights while acting under color of law.

Depending on the circumstances, you may also have claims under Pennsylvania law.

Potential damages may include:

  • Lost income
  • Medical expenses
  • Emotional distress
  • Pain and suffering
  • Damage to reputation
  • Out-of-pocket financial losses
  • Punitive damages in appropriate cases
  • Attorney’s fees in certain federal civil rights actions

Because these cases often involve governmental immunity defenses and complex constitutional issues, it is important to work with attorneys experienced in civil rights litigation.

Why Choose Wiener Legal?

False imprisonment cases require attorneys who understand both constitutional law and police misconduct litigation.

At Wiener Legal, we are committed to protecting the rights guaranteed by the United States Constitution and seeking justice for individuals who have been wrongfully detained.

Clients choose our firm because we provide:

  • Personalized legal representation
  • Thorough factual investigations
  • Strategic civil rights litigation
  • Honest guidance throughout your case
  • Aggressive advocacy against government misconduct

We understand the profound impact that losing your freedom—even temporarily—can have on your life, and we work tirelessly to pursue the compensation and accountability our clients deserve.

The Law Offices of Richard M. Wiener practices in federal and state courts in PA, NJ, and CO.

 » Contact us to ask a question or request a free consultation.

Testimonials

“Richard and staff took care of all of my concerns, and communicated with me throughout the entire process. I’m very satisfied with the quality of work and would recommend the Law Offices of Richard M. Wiener.”
Jason M.

“I was very pleased with the level of concern I received from yourself and your staff. I always received answers to my questions with great compassion and honesty. I always felt that everyone there really cared about myself and my injuries. Whenever I felt anxious or frustrated you always made me feel better.”
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“Your staff is very well educated in the needs of the victim of a motor vehicle accident. They are courteous and always available to answer any and all of my concerns. I was always given a time or date when my questions would be answered if they were not answered at the moment I asked. And that was always fulfilled. I would recommend your office to anyone in need of representation.”
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