Remember the viral video of the sullen skateboarder at the Inner Harbor who called a Baltimore police officer “dude” one time too many and got put in a headlock and thrown to the bricks?

Today, the Baltimore Sun reported that a city judge threw out the family’s lawsuit against the officer, Salvatore Rivieri. The reason? They missed the 180-day time limit for bringing a legal action concerning the 2007 incident.

Too bad. Turns out Rivieri contends that he got really physical after then-14-year-old Eric Bush “held his skateboard in a threatening manner” and at one point “lunged forward.” We could have seen how the ‘he-lunged-at-me’ defense played out in this case.

Watch it again and see what you think. (Best line from Rivieri’s tirade: “Are you from the county or something?”)