the term won’t be “prison break” but will depend on the jurisdiction that holds the person. if you are being detained by the state police, you’ll get something like “fleeing and eluding” but it depends on your local laws. if you’re in US federal custody then it depends on what they charge you with and how they detain you.

Fleeing would be a separate charge itself. the eighth amendment could get it thrown out but you’d still be able to be charged with it and would at least need to stand trial to be charged within X amount of time.

if, however, you’re illegally detained and the constitution is clearly being violated, then the perpetrators will need to be held accountable. don’t worry about it. you can just wait for the government checks and balances system to save you. they’ll be here any minute now. aaaany minute now.