Denna Delacruz and Barry Barger v. Paul Wittig

CRONE, Judge.

Case Summary

[1] Reserve Sheriffs Deputies Denna Delacruz and Barry Barger (collectively “the Deputies”) were assaulted and suffered injuries during their investigation of a disturbance at a Fourth of July party. They arrested and later filed a tort action against the alleged assailant, Paul Wittig. More than two years after the incident, Wittig filed a counterclaim alleging that the Deputies used excessive force during his arrest. The Deputies filed a motion to dismiss Wittig’s counterclaim as untimely, which the trial court denied. We accepted the Deputies’ interlocutory appeal…