Habeas and [the tort of] False Imprisonment

I was a little alarmed when a friend showed me an article which explained how in the aftermath of Hurricane Katrina, prisoners charged with misdemeanor offenses were incarcerated for over a year "doing 'Katrina time'" because "Governor Blanco effectively suspended habeas corpus ... for six months." [link to article]. The US Constitution of course reads: "[t]he privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."

Without going into the specifics of whether the Governor actually tried to suspend habeas, it is first worth noting that no state actor [state supreme court, governor, legislator, police officer, etc] can violate your federal rights like habeas corpus, due process, speedy trial, etc.  They may try, but you are always free to file a habeas petition in federal court; the federal constitution trumps pretty much everything.

Again, without investigating the veracity of the allegation, let's say you were arrested and it took six months before you were released without charge, or you were held for a year for a charge that had a maximum penalty of one month.  This sounds like unquestionable unjust imprisonment, which could have been challenged with a habeas petition.  But let's say you didn't challenge it while you were imprisoned - you didn't have a lawyer, your lawyer was overworked and didn't think of habeas, or your lawyer mistakenly believed habeas could be overruled by a governor.  You are not out of luck - you are still entitled to sue for damages under the tort of "False Imprisonment."

As I continue to research habeas corpus issues, I am struck by the similarity of a habeas petition [trying to get out of jail because of unjust imprisonment] and the tort of False Imprisonment [suing for damages because of your unjust imprisonment].  But the beauty of the False Imprisonment tort is that, unlike with habeas, you can sue months and possibly years later, depending upon the statute of limitations.  I doubt there have been many class action suits alleging false imprisonment in the past, but if the allegations are true, there could be a big one coming in Louisiana.

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Disclaimer - I would like to remind anyone reading this that presently I am law student and not a lawyer.  While I may write about issues I find interesting, I cannot dispense legal advise.  That said, in addition to the tort of false imprisonment, your attorney would be wise to also consider 42 U.S.C. § 1983 - Civil Action for Deprivation of Rights [link].