Over-Detention: When the Government Keeps You After the Law Says Release

You've posted bond. Or served your sentence. Or charges were dropped. The law says you should be free—but the jail won't let you go.

This is over-detention, and it happens more often than most people realize. When the government holds you after your legal justification for detention has expired, they've violated your constitutional rights.

What Over-Detention Is

Over-detention occurs when an individual is held in custody past the point when they should legally be released. Common scenarios include:

After Bond Is Posted

You or your family posts bail, but the jail doesn't process the release. Sometimes this takes hours; sometimes it takes days.

After Charges Are Dropped

The prosecutor dismisses charges, but nobody tells the jail. Or the jail knows but doesn't process the release.

After Sentence Completion

You've served your time—including credit for time served—but the jail's calculations are wrong or paperwork doesn't move.

After Acquittal

A jury finds you not guilty, but you're returned to custody instead of being freed.

After Court-Ordered Release

A judge orders release, but the jail claims they "never received" the order.

Immigration Holds

ICE requests a "hold" on your release, and the local jail complies even though they have no legal authority to do so (more on this below).

The Constitutional Violation

Detention without lawful authority violates the Fourth Amendment (unreasonable seizure) and the Fourteenth Amendment (due process). When the government's right to hold you ends, continued detention is unlawful—period.

The Standard

For Section 1983 claims, you must show:

1. You were detained past your lawful release date
2. The detention was caused by jail officials
3. The officials knew (or should have known) you were entitled to release
4. You suffered injury from the unlawful detention

Deliberate indifference to your detention status can establish liability.

Common Causes of Over-Detention

System Failures

Paper-based systems that lose orders. Computer systems that don't communicate. Shift changes where information doesn't transfer. These "system failures" create legal liability.

Staffing Shortages

Not enough personnel to process releases promptly. Long queues for release processing. Shortcuts that delay proper verification.

Multiple Holds

Confusion when multiple agencies have interests in a detainee. "Hold" requests from other jurisdictions that are honored without legal authority. Nobody takes responsibility for determining release eligibility.

Deliberate Delay

Sometimes the delay is intentional—punishment for perceived disrespect, or giving investigators more time, or simply indifference to liberty interests.

Immigration Holds: A Special Problem

ICE detainers present unique over-detention issues. When a local jail receives an ICE "hold" request:

• The jail has no legal obligation to honor it in most cases
• Holding someone solely on an ICE detainer may be unconstitutional
• The individual may have damages against both the jail and ICE

Oklahoma jails vary in how they handle ICE detainers. Some comply automatically; others refuse. If you were held past your release date on an ICE detainer, you may have claims against multiple defendants.

What Damages Are Available?

Over-detention victims can recover:

Compensatory Damages

• Actual time spent wrongfully detained
• Lost wages from missed work
• Missed family events, medical appointments, etc.
• Emotional distress from the unlawful detention
• Physical injuries if conditions caused harm

Punitive Damages

When officials acted with deliberate indifference or intentional misconduct, punitive damages may be available.

Nominal Damages

Even if you can't prove substantial actual harm, constitutional violations warrant at least nominal damages—which matter for attorney fee recovery.

Attorney Fees

Prevailing Section 1983 plaintiffs recover attorney fees under 42 U.S.C. § 1988.

Proving Your Case

Evidence in over-detention cases includes:

Jail Records

• Booking and release times
• Bond receipts and timestamps
• Court orders with filing times
• Internal communications about release

Court Records

• Orders granting release
• Sentencing calculations
• Dismissal orders with timestamps
• Bond amounts and posting records

Financial Records

• Bond payment receipts and times
• Bail bondsman records
• Bank records showing payment timing

Communication Records

• Calls from family asking about release
• Attorney communications with the jail
• Emails or written inquiries

Witness Testimony

• Family members who posted bond
• Attorneys who obtained release orders
• Other detainees who observed the delay

Municipal Liability

Beyond individual jailers, Monell claims against counties or cities may be available when over-detention results from:

• Inadequate release-processing systems
• Failure to train staff on release procedures
• Policies that cause or tolerate delay
• Patterns of similar violations

Municipal defendants can't claim qualified immunity.

What You Should Do

If you or a family member is being held past a lawful release date:

1. Document everything — Times, dates, who you spoke with, what was said
2. Demand release in writing — Email, fax, or hand-delivered letter
3. Contact an attorney — Especially if hours are turning into days
4. File emergency motions — Courts can order immediate release
5. Preserve evidence — Get copies of bond receipts, court orders, and any jail records

After release:

1. Get your records — Jail records showing actual release time
2. Gather documentation — Everything you lost while wrongfully detained
3. Consult with an attorney — Statute of limitations applies

We Handle Over-Detention Cases

Every hour of unlawful detention is a constitutional violation. If you were held past your legal release date—whether for hours or days—contact us for a free consultation.

We pursue claims against jails and officials who treat liberty casually and hold people without legal authority.