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 3 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.

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