What is the test for a plaintiff to bring a claim against the police for excessive force?

Accordingly, the court concludes plaintiff is required to demonstrate he has satisfied the "favorable termination" rule. See Cunningham v. Gates, 312 F.3d 1148, 1155 (9th Cir. 2003) (Where the assault and the forceful response arise from the same set of facts, the forceful response is a "natural consequence" to the plaintiff's provoking assault and is Heck-barred.); cf. Beets, 669 F.3d at 1042 ("[W]e recognized that an allegation of excessive force by a police officer would not be barred by Heck if it were distinct temporally or spatially from the factual basis for the person's conviction."). Thus, the claim is Heck-barred unless plaintiff can demonstrate that his RVR adjudication has been reversed, expunged, declared invalid, or called into question by a writ of habeas corpus. He has not done so.