Do you offer a free consultation for startups?

Yes. The Rhodes Law Firm offers a free initial consultation — no obligation, no pressure.

What legal services do you offer for startups and entrepreneurs?

We offer corporate formation, contract drafting, outside general counsel, IP protection, regulatory compliance, and investor agreement support for startups in Louisiana and nationally.

Do you handle divorce and child custody cases in Louisiana?

Yes. The Rhodes Law Firm provides compassionate family law representation including divorce, legal separation, child custody, child support, spousal support, and adoption throughout Louisiana.

How much does a family law attorney cost in New Orleans?

The Rhodes Law Firm offers a free initial consultation so you can understand your options before making any financial commitment. Contact us at (504) 475-0975 to get started.

Where is The Rhodes Law Firm located?

The firm is based in New Orleans, Louisiana and serves clients statewide and nationally.

How do I contact The Rhodes Law Firm?

Call (504) 475-0975 or schedule a consultation at therhodeslawfirm.com.

What is overdetention?

Overdetention occurs when an individual is held in custody beyond the date they are legally entitled to be released — for example, after completing a sentence, after bail is posted, after charges are dismissed, or after a court issues a release order. Overdetention violates the Fourth Amendment (unreasonable seizure) and the Fourteenth Amendment (due process).

Can I sue for being held past my release date?

Yes. If you were held beyond your lawful release date, you may have a Section 1983 civil rights claim against the individuals and institutions responsible. The Rhodes Law Firm has experience in overdetention litigation, including at the federal appellate level. These claims can result in compensatory damages (for physical and emotional harm), punitive damages against responsible individuals, and attorney's fees.

What constitutional rights are violated by overdetention?

Overdetention typically violates: the Fourth Amendment (unreasonable seizure — detention without legal justification); the Fourteenth Amendment Due Process Clause (deprivation of liberty without due process); and potentially the Eighth Amendment (cruel and unusual punishment if conditions were inhumane). Section 1983 provides the vehicle to bring these constitutional claims in federal court.

Who can be held liable for overdetention?

Potentially liable parties include: individual jail or prison officials who failed to process release paperwork; supervisors who were deliberately indifferent to a pattern of overdetention; the institution itself (municipality or parish) if a policy or custom caused the violation; and the Louisiana Department of Public Safety and Corrections for systemic failures.

What damages can I recover for overdetention?

Recoverable damages include: compensatory damages for every day of unlawful detention (lost wages, physical and emotional harm, disruption of employment and family relationships); punitive damages against individual officials who acted maliciously or with deliberate indifference; and attorney's fees under 42 U.S.C. § 1988 if you prevail.

How long do I have to file an overdetention claim in Louisiana?

Section 1983 claims in Louisiana are subject to the state's 1-year prescriptive period for personal injury. The clock generally runs from the date of the unconstitutional detention. Tolling rules may apply in some circumstances. Do not wait — contact a civil rights attorney as soon as possible after release.

What evidence do I need for an overdetention case?

Key evidence includes: court orders or judgments establishing the legal release date; records from the jail or prison showing the actual release date; any communications requesting release; medical records if you were harmed during the overdetention period; and records showing any appeals or requests that went unaddressed.

What is deliberate indifference in an overdetention case?

Deliberate indifference — knowing that a detainee is being held illegally and consciously failing to act — can establish individual liability even when the official did not personally cause the paperwork failure. Courts have found deliberate indifference where jail officials knew of systematic overdetention problems and failed to implement remedial procedures.

Has Jonathan Rhodes handled overdetention cases?

Yes. Jonathan M. Rhodes has experience in overdetention litigation, including a federal appellate victory for a client held beyond their lawful release date. This experience gives him in-depth knowledge of the procedural, constitutional, and strategic dimensions of overdetention claims in Louisiana's federal courts.

Civil Rights — Flagship Practice

Overdetention Lawyer — Louisiana

Held Past Your Release Date · Federal Court Experience · Section 1983 · Fourth & Fourteenth Amendment

Overdetention — being held in custody past your lawful release date — is a serious constitutional violation. It violates the Fourth Amendment (unreasonable seizure) and the Fourteenth Amendment (due process). You can sue the responsible officials and institutions under 42 U.S.C. § 1983. The Rhodes Law Firm has won at the federal appellate level on overdetention claims. Louisiana's 1-year deadline applies. Free consultation: (504) 475-0975.

Written & Reviewed By

Jonathan M. Rhodes

Attorney at Law — The Rhodes Law Firm

Practice Areas: Civil Rights — Overdetention, Section 1983 Litigation · Last Updated: September 23, 2026

Serving: Orleans Parish, Jefferson Parish, St. Charles Parish, Louisiana

Overdetention in Louisiana: A Serious and Persistent Problem

Louisiana has faced documented, systemic problems with overdetention — individuals being held in jail or prison long after they were legally entitled to be released. This has occurred at the Orleans Justice Center, at facilities operated by the Louisiana Department of Public Safety and Corrections, and at local parish jails across the state.

The causes vary: administrative failures, inadequate staffing, poor coordination between courts and jails, and in some cases, deliberate indifference to detainees' rights. Regardless of the cause, the constitutional violation is clear — holding a person who is legally entitled to be free is one of the most fundamental rights violations our justice system can produce.

Jonathan M. Rhodes has litigated overdetention cases in federal court, including at the appellate level, and understands the specific factual and legal framework these cases require.

Common Overdetention Scenarios

Released After Sentence Completed

Held beyond the computed release date due to paperwork or administrative errors.

Bail Posted, Not Released

Bail was paid but the facility failed to process the release in a timely manner.

Charges Dropped, Still Detained

Prosecutor dismissed charges but the jail did not receive or process the notice.

Court-Ordered Release Not Honored

A judge issued a release order that was ignored or delayed by the facility.

Identity Confusion

Detained beyond release date due to confusion with another person's records.

Systemic Administrative Failure

Institutional-level failures in release processing affecting multiple detainees.

Speak With an Overdetention Attorney

The Rhodes Law Firm has federal appellate experience in overdetention litigation. Louisiana's 1-year deadline applies from the date of your release. Free consultation.

Schedule a Consultation (504) 475-0975

Related Civil Rights Resources

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Civil Rights Law Hub

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Civil Rights Lawyer New Orleans

Orleans Parish representation.

Louisiana Legal Resource Center

All legal resources.

Overdetention Claims in Louisiana — FAQ

Protect Your Constitutional Rights

Free consultation. Representing overdetention victims throughout Louisiana in federal court.

Request a Consultation (504) 475-0975