[IN] Can someone bring a wrongful imprisonment claim for being held in jail past their court-ordered release date?

IN Criminal Law

Alex, Esq.

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I completely understand. If his civil rights were violated, and he was wrongfully held past the sentencing date, he could have a basis to sue and be entitled to monetary compensation for being wrongfully incarcerated for seven days. (U.S. Const. amend. XIV, § 1)

The fact that the person who entered these days no longer works there has nothing to do with him, and he was legally entitled to be released. (IN Code § 35-50-6-1) Even if this was a clerical error and they corrected it, he still may be entitled to sue, and he should contact the local civil rights attorney to determine if they want to take the case and seek compensation for being held for those seven days.

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What is considered wrongful imprisonment in Indiana?

Lexi, Chatbot

I understand that wrongful imprisonment can be a distressing issue to navigate. Have you or someone you know experienced a situation that you believe may involve wrongful imprisonment in Indiana?

Someone I know.

Lexi, Chatbot

What specific circumstances or details are involved in the case you are referring to?

The person was kept in jail for longer than they needed to be.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your wrongful imprisonment.

Not at the moment.

Alex, Esq.

This is Alex, Esq., and welcome to our service. I have been a legal professional on the site for over a decade. Please note that this site is for general information, for educational purposes only, and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship, and it is always in your best interest to 100% retain legal counsel in your specific state if you have a current legal matter that you need help with and to get legal advice from that attorney. I want you to know that I understand how frustrating and/or concerning your situation is. How are you?

I'm fine, but I could be a lot better if I could help my friend understand if he has a claim or not. How are you?

Alex, Esq.

Good. Thank you for asking. Can you please share with me a little background so I have a better understanding of the situation?

I sure can. I have a friend who was incarcerated in our county jail. At my friend's last court hearing, the judge entered a new sentencing order, and that order had a new release date of November 25, 2025, but he was not released until December 2, 2025. The jail’s computer still reflected the old sentencing order that had a release date of January 11, 2026, and the jail was set on holding him until then.

Even though he explained to the officers that there was supposed to be a new release date entered, they could not find the updated order. The officer or court official, title may be incorrect, at the jail told my friend to contact his attorney. He did, and the attorney never returned his phone call.

So on December 2, 2025, m friend's only other option was to ask a fellow inmate if they could call their girlfriend and if she would call the courthouse for him to find out why he was still in jail and why he was not released when the new sentence from the judge stated. The court told his fellow inmate’s girlfriend that the person who was supposed to enter the new sentencing order into the computer no longer worked at the courthouse and it was never entered.

While the girlfriend was still on the phone with the court, the person who answered rushed to get the correct document sent over to the jail so the jail could process his release, and then he was released about an hour later. But he was kept incarcerated for an extra seven days. And while seven days does not sound like a long time, when you have to spend any time incarcerated, especially over a holiday, that seven days feels like seven months or longer.

Alex, Esq.

Thank you, and please allow me a moment to review this and reply.

Alex, Esq.

Is there a deadline for him or his counsel to file a claim?

Alex, Esq.

Yes, there could be, and he wants to speak with his attorney about the statute of limitations to make sure they file before it runs. I'm happy to hear I was able to answer your question.

Alex, Esq.

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