Bob Rivera, and Eduardo Rivera v. Al Green, Karen Green, Mitchell Simmons, Carl W. Johnson and Maricopa County Sheriff's Dept.

Bob and Eduardo Rivera appeal the district court’s dismissal, under the statute of limitations, for lack of standing, and for failure to state á claim, of their civil rights action pursuant to 42 U.S.C. § 1983 . We affirm in part, reverse in part, and remand for further proceedings.

FACTS

On January 8, 1983, the Riveras’ neighbors Al and Karen Green telephoned the police to complain about loud drum noise coming from the Rivera home. Police officers Mitchell Simmons and Carl Johnson responded to the call by visiting the Rivera residence. Eduardo Rivera admitted the officers, who asked to speak to the person playing the drums. Eduardo took them to his brother Alejandro. When the officers requested identification, the . brothers claimed that their driver’s licenses were lost. The officers searched the room and found marijuana. They arrested Alejandro and read him his rights, then arrested Eduardo for disorderly conduct and handcuffed him. The brothers were booked at the Maricopa County police station, and Eduardo’s handcuffs were removed after he complained of pain. Both Eduardo and Alejandro were released the next day. The police did not return Eduardo’s keys until one day after…