In what circumstances can a police officer be sued for excessive force?

In City of Santa Cruz v. Municipal Court, supra, the court explained that in demonstrating materiality of the information sought, the applicant may use general allegations which demonstrate some cause for discovery, however, the information must be "'requested with adequate specificity to preclude the possibility that defendant is engaging in a "fishing expedition."'"⁶⁰ There the defendant, who was charged with resisting arrest, sought information relating to allegations of the officer's use of excessive force, claiming that the officer had used excessive force upon him, making the arrest illegal. The declaration in that case set out "a specific factual scenario to support that assertion" and further averred that prior complaints of excessive force would demonstrate the officer's propensity to engage in the use of excessive force in making arrests.⁶¹ The court stated that "[v]iewed in conjunction with the police reports, counsel's averments establish a plausible factual foundation for an allegation of excessive force, put the court on notice that the officers' alleged use of excessive force will likely be an issue at trial, and articulate a valid theory as to how the information sought might be admissible."⁶²