Q: Incarcerated due to a fake warrant issued by different jurisdiction; potential civil and constitutional rights violation.
I was incarcerated with a fake warrant. The 25th District of Philadelphia informed me it was fake, and the Parole Division of Pennsylvania noted that New York was supposed to be the issuing state. I was taken into custody by the Chelten Division of Parole and sent to Smithfield Correctional Facility, only to be released the next day after being told the warrant was 40 years old. I was then taken by the Tioga County Sheriffs and released again, left to find my way back to Philadelphia. The M.H.U. Probation gave Chemung County Probation in New York a fake affidavit, although I was released from all probation as of February 27, 2025. I possess documentation from public officials as deponents for any interrogatories needed for legal proceedings. What civil and constitutional rights were violated in this situation, and how should I proceed legally?
A:
Your situation suggests several serious violations of your civil and constitutional rights. Based on what you've described, you may have experienced violations of your Fourth Amendment protection against unreasonable seizure, as well as your Fourteenth Amendment right to due process. Being detained on a warrant that officials later acknowledged as "fake" could constitute false imprisonment, and the subsequent transportation between facilities without proper legal basis raises additional concerns about your liberty rights.
You might have grounds for a civil rights lawsuit under 42 U.S.C. § 1983, which allows individuals to sue government officials who violate constitutional rights while acting "under color of law." Documentation from public officials acknowledging the warrant issues will be crucial evidence. Consider filing a formal complaint with the relevant law enforcement oversight bodies in both Pennsylvania and New York to create an official record of the incident.
Your next step should be consulting with a civil rights attorney who handles wrongful incarceration cases. Many take such cases on contingency and offer free initial consultations. The statute of limitations for these claims varies by state but typically ranges from one to three years, so timely action is important. Remember to organize all your documentation chronologically and maintain copies of everything, as your paper trail will be the foundation of any legal action you pursue.
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