Facts

In December 2009, Yuba City Police Dept. officers responded to a call to the home of Rosendo Gutierrez after a neighbor reported that there were gunshots fired and a quarrel. Gutierrez informed the officers that he had been arguing with his wife, but denied that any gunshots had been fired. However, the police conducted a search of the home for weapons. An altercation ensued between the officers and Gutierrez. Although he was charged with misdemeanor resisting arrest, he was acquitted on June 23, 2010. Later, he filed suit for excessive force.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that the officers roughed him up by forcing him onto the ground and restraining him by sticking their knees into his body and head. In addition, Gutierrez argued that a three-year statute of limitations applied because trespass was involved, given that the officers allegedly entered the home absent Gutierrez's permission.

DEFENDANT'S CONTENTIONS:
Defendants argued that dismissal was appropriate because plaintiff failed to bring the suit within the two-year statute of limitations. Defendant argued Gutierrez should have sued by June 23, 2013, two years subsequent to the acquittal.

Result

The court dismissed the lawsuit.