NY False Imprisonment? Our Civil Rights Team Acts Fast

What Is False Imprisonment Under New York Law?

Under New York law, false imprisonment is the unlawful restraint of a person’s freedom of movement without consent and without legal justification. The essential elements are: (1) the defendant intended to confine the plaintiff, (2) the plaintiff was conscious of the confinement, (3) the plaintiff did not consent, and (4) the confinement was not otherwise privileged. See the New York Pattern Jury Instructions on False Imprisonment (CPJI 2:36).

For arrests by law enforcement, probable cause is a complete defense to false arrest/false imprisonment claims in New York. See Broughton v. State of New York, 37 N.Y.2d 451 (1975).

Common Scenarios We See

• Arrests made without probable cause
• Detention after charges are dismissed or never filed (dismissal alone does not prove false imprisonment, but it can be relevant to related claims such as malicious prosecution)
• Store or private security holds that exceed lawful authority
• Transport to a precinct or back-room detention without adequate justification
• Continued holding after exculpatory information emerges

Key Defenses and How We Evaluate Them

False imprisonment claims often turn on legal justification. For law enforcement, the existence of probable cause is a complete defense (Broughton). For private actors, New York’s shopkeeper’s privilege can justify a reasonable detention when statutory conditions are met (GBL § 218).

When government actors are involved, federal civil rights defenses may include qualified immunity for individual officers and limits on municipal liability under Monell (policy or custom). See Monell v. Dept. of Social Services, 436 U.S. 658 (1978). We examine the basis for the stop, the duration and scope of the detention, whether force or restraints were used, and whether officers or security complied with applicable procedures and statutory limits.

Evidence That Strengthens Your Case

• Videos: surveillance, body-worn camera, and cell phone footage
• Police paperwork: arrest reports, incident reports, 61s, DATs
• Witness statements, 911 audio, dispatch and radio runs, CAD logs
• Medical records documenting injuries, anxiety, or trauma
• Proof of dismissed charges or acquittal (often relevant to malicious prosecution)
• Store policies and training manuals in private detention cases

State Tort Claim vs. Federal Civil Rights Claim

New York false imprisonment can be pursued as a state tort claim in state court. When the detention involves government actors acting under color of law, you may also have a federal claim under 42 U.S.C. § 1983 for violations of the Fourth Amendment and related rights.

• Forum and theories: We assess whether to file state tort claims, federal § 1983 claims, or both.
• Immunities and limits: Officers may assert qualified immunity; municipalities face liability only for policies or customs under Monell.
• Attorney’s fees: In federal civil rights actions, prevailing plaintiffs may seek attorney’s fees under 42 U.S.C. § 1988.
• Punitive damages: May be available against individual wrongdoers, but not against municipalities in § 1983 actions (City of Newport v. Fact Concerts, 453 U.S. 247 (1981)).

Note: State-law notice-of-claim rules generally do not apply to § 1983 claims filed in federal court. See Felder v. Casey, 487 U.S. 131 (1988).

Suing a Municipality or the State

Claims against New York City or other municipalities have strict notice and timing requirements. For many state-law tort claims, you must serve a Notice of Claim within 90 days (GML § 50-e) and commence suit within 1 year and 90 days (GML § 50-i), subject to exceptions.

Claims against the State of New York are typically brought in the New York State Court of Claims, which has its own jurisdictional rules and very short deadlines. See the court’s official information: New York State Court of Claims.

Damages You May Recover

Compensation may include economic losses (missed work, medical bills) and non-economic harms (emotional distress, humiliation, loss of liberty). In federal civil rights actions, reasonable attorney’s fees may be available to prevailing plaintiffs under 42 U.S.C. § 1988. Punitive damages may be available against individual wrongdoers where warranted, but not against municipalities in § 1983 claims (City of Newport).

How We Move Fast to Protect Your Rights

• Immediate evidence preservation letters to police, retailers, and building owners
• Rapid FOIL and records requests for body-cam, 911, and incident data
• Early interviews with witnesses and retrieval of surveillance video before overwrite
• Quick assessment of probable cause and privilege defenses
• Filing in the proper court and meeting all procedural requirements

FAQ

Is dismissal of charges enough to prove false imprisonment?

No. Dismissal can help related claims like malicious prosecution, but false imprisonment focuses on whether the initial confinement lacked legal justification.

Do I need to file a Notice of Claim?

For many state-law tort claims against New York municipalities, yes—generally within 90 days under GML § 50-e. Federal § 1983 claims do not require a Notice of Claim when filed in federal court.

Can stores legally detain suspected shoplifters?

Sometimes. New York’s shopkeeper’s privilege allows reasonable detention when statutory conditions are met. Exceeding those limits can create liability.

What if officers claim qualified immunity?

We evaluate whether clearly established law was violated. Qualified immunity can be defeated when rights were clearly established and a reasonable officer would have known the conduct was unlawful.

How long do I have to sue?

Deadlines vary by claim and defendant. Some state tort claims against municipalities have a 1 year and 90 day limitation after a timely Notice of Claim. Consult counsel promptly.

We’re Ready to Help

Our civil rights team represents New Yorkers in false imprisonment and unlawful detention cases across the state. We act quickly, investigate thoroughly, and pursue accountability.

Request a confidential consultation

Sources

• New York State Unified Court System, Pattern Jury Instructions—Civil, False Imprisonment (CPJI 2:36)
• Broughton v. State of New York, 37 N.Y.2d 451 (1975)
• 42 U.S.C. § 1983
• 42 U.S.C. § 1988
• Monell v. Dept. of Social Services, 436 U.S. 658 (1978)
• City of Newport v. Fact Concerts, Inc., 453 U.S. 247 (1981)
• Felder v. Casey, 487 U.S. 131 (1988)
• New York General Business Law § 218 (Shopkeeper’s Privilege)
• New York General Municipal Law § 50-e (Notice of Claim)
• New York General Municipal Law § 50-i (Limitation of time and prerequisites for tort actions)
• New York State Court of Claims, Official Court Information

New York-Specific Disclaimer

This blog is for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. New York has strict and short deadlines (including a 90-day Notice of Claim for many municipal tort claims) and special forums for certain defendants (e.g., the Court of Claims for claims against the State). Laws and deadlines can change and vary by circumstance. Consult a New York-licensed attorney about your specific situation. Attorney Advertising; past results do not guarantee a similar outcome.