For a process that has prided itself in attempting fairness and developing predictable and dependable rules of law, the omission of a cause of action for wrongful incarceration has become an obvious degenerate in the system. There should be something more than a moral obligation to compensate these individuals, i.e., compensation should be awarded as a matter of right. A viable piece of legislation must be developed to correct this injustice. The note discusses the present method of acquiring reparation, the effect of the 11th amendment of the U.S. Constitution and Section 1983 of the U.S. Code, the absence of remedy as a remnant of sovereign immunity, and a realistic basis for compensation. A total of 97 case notes are supplied. (Author summary modified)