Can my father sue from an injury that happened when excessive force was used by loss prevention officers?

UPDATED: Oct 1, 2022

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Can my father sue from an injury that happened when excessive force was used by loss prevention officers?

The incident occurred about 3 yrs ago I believe. He waa walking out of store and approached by 2 men telling him to give up the item, he said who are you? They did not identify themselves as loss prevention, they began yelling and said give us the pills. I told my dad to give what ever he had to them. He was going to grab his jacket inside the car where a bottle of aspirin was where they then grabbed him and picked him up and slammed him which resulted in him going to hospital with a separated shoulder. Injury has caused him to not be as mobile as he can not afford the surgery needed.

Asked on September 26, 2017 under Personal Injury, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, it is too late for your father to file a lawsuit because the statute of limitations has tolled (expired).
California has a two year statute of limitations for filing a lawsuit in a personal injury case.  Since you said that about three years have elapsed since the incident, your father's lawsuit is barred by the statute of limitations.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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