Edward Joseph Harding v. David Galceran Terry Gingerich Lawrence Moser James D. Chisim

This ease involves a dispute between Edward Joseph Harding and Sheriffs deputies David Galceran and Ed Teel (the “Deputies”) of the San Dimas Sheriffs substation, Los Angeles, California. The district court found that Harding’s claims against the Deputies were barred by the statute of limitations. Because we find that the statute of limitations was tolled, we reverse.

I.

On October 10, 1984, Harding went to the San Dimas Sheriffs substation to pick up a friend who had been arrested. Harding argued with the Deputies at the substation. The Deputies asked Harding to leave and allegedly used excessive force in effecting his departure. After he left, Harding called the Sheriffs substation to complain about the Deputies’ actions.

The next day, the Deputies filed a misdemeanor complaint against Harding. The complaint charged Harding with disturbing the peace, obstructing a peace officer in the performance of his duties, challenging a person in a public place to fight, and making threatening phone calls. On May 2, 1986, a jury acquitted Harding of these charges.

On May 1, 1987, Harding filed a complaint against the Deputies. Count 1 of the complaint alleged that the Deputies violated…