Massa

Appellant Jerry Massa appeals from summary judgment entered in his action seeking damages for injuries related to excessive force used by respondent, Jay P. Vuninich, a police officer with the Southern California Rapid Transit District Police, while questioning appellant. Officer Vuninich’s motion for summary judgment was granted on the ground that appellant failed to file his complaint against him within the applicable one-year statute of limitations. Appellant argues that the Tort Claims Act allows him to file his complaint within six months after his claim was denied by the governmental entity, even though the six-month period extends beyond the ordinary one-year statute of limitations. We conclude this position has merit and that the trial court erred in dismissing the lawsuit on statute of limitations grounds.

Factual and Procedural Summary

On November 26,1990, appellant was detained and questioned by respondent, Officer Vuninich. Appellant alleged that respondent used excessive force while questioning him. It is undisputed that the alleged conduct of Officer Vuninich occurred during the performance of his duties as an officer of the Southern California Rapid…