Wrongful Incarceration

Often, prison time is incorrectly calculated or due to ministerial or clerical errors, inmates are released from prison late. When this happens, a lawsuit for wrongful incarceration can be brought.

A cause of action for wrongful confinement or incarceration contains four elements (i) that the defendant intended to confine the plaintiff, (ii) that the plaintiff was conscious of the confinement and (iii) did not consent to the confinement, and (iv) that the confinement was not otherwise privileged. If you can prove all of these, you are entitled to damages for wrongful incarceration.