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    While it is certainly possible that the NYPD had a de facto custom of excessive force, the limited discussion in the OIG Report is not enough to substantiate its existence, even at the motion to dismiss stage.

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    The Court finds that inference reasonable, and concludes that the Plaintiffs have sufficiently alleged that NYPD policymakers were aware of the concerns leading to the institution of that training at the time of its officers' late April encounter with Mr.

    b. Plaintiffs Have Not Adequately Alleged a Custom or Practice of Using I-Cards to Gain Access to Individuals' Homes

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    However, the Court concludes that the OIG Report and the civil rights complaints, standing alone, are insufficient to plead deliberate indifference with respect to the NYPD's treatment of emotionally disturbed individuals.

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    Although the OIG Report was published in January 2017, Plaintiffs note that it reflects changes made in the summer of 2015, and research and planning necessary to implement those changes prior to that date.

    2. I-Cards as a Basis for Gaining Access to the Residence

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    OIG Report as determinative in this case, in which Plaintiffs have sufficiently pled that the City was on notice of training deficiencies when they began research and planning for the changes discussed in the Report.

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    Here, Plaintiffs contend that they have adequately alleged that the City was deliberately indifferent to a risk of discrimination against persons with disabilities in policing: namely, failure to accommodate individuals with mental disabilities including schizophrenia.

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    Because Plaintiffs did not plead sufficient factual allegations from which the Court could infer this causal pathway occurred, the Court need not address whether it is sufficiently plausible to pass muster at this stage.

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    The problem with this theory is that it is not actually alleged in the amended complaint, which contains no allegation that the detectives secured access either to the building or to Mr.

    a. Failure to Train Officers in Use of I-Cards and Custom or Practice of Inadequate Screening in Hiring

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    b. Plaintiffs Have Not Adequately Alleged a Custom or Practice of Using I-Cards to Gain Access to Individuals' Homes

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    City's services, programs, and activities by failing to properly train, supervise, and discipline police officers regarding crisis intervention techniques, otherwise providing insufficient resources, and failing to follow established policies and procedures regarding crisis intervention techniques for individuals with mental health disabilities.

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    Felix should not be considered an emotionally disturbed person; (2) Plaintiffs may not rely on records like the OIG Report for purposes of sufficiently pleading the existence at the time of Mr.

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    Plaintiffs have plausibly alleged that the City failed to train officers with respect to the treatment of individuals with mental illness, including but not limited to implementing Crisis Intervention Training, backup calls, and similar policies.

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    Plaintiffs further argue that the civil rights complaints cited in their papers indicate the existence of a pattern of NPYD officers' mistreatment of emotionally disturbed persons and that policymakers' awareness of the problem dates even earlier.

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    The City argues that Plaintiffs' claims against it should be dismissed under Rule 12(b)(6) because Plaintiffs have failed to allege facts necessary to show municipal liability for alleged customs, policies, or practices; training failures; or ADA and Rehabilitation Act violations.

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    In their Reply, Defendant next argues that Plaintiffs' amended complaint fails to sufficiently allege deliberate indifference by reiterating its arguments with respect to the allegations that it had a custom, policy, or practice of failing to properly treat emotionally disturbed persons.

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    The Court disagrees with Defendant that the complaints Plaintiffs cite are too dissimilar to notify the City that its procedures for training officers to respond to or work with emotionally disturbed persons were deficient.

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    Felix's Fourth and Fourteenth Amendment rights and by the City's failure to provide protections to which he was entitled under Title II of the Americans with Disabilities Act and the Rehabilitation Act.

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    To make out a custom, policy, or practice claim with respect to the NYPD's treatment of emotionally disturbed persons, Plaintiffs point to information in the OIG report and a series of lawsuits and incidents cited in the amended complaint.

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    Though Plaintiffs labor to make the OIG Report relevant to their de facto practice claim, the bulk of the Report concerns the City's progress in implementing a new training policy and, to a lesser extent, reasons it elected to do so.

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    b. Plaintiffs Have Not Adequately Alleged a Custom or Practice of Using I-Cards to Gain Access to Individuals' Homes

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    They point out that the cases cited did not culminate in findings of unconstitutional activity; and that in the absence of a past pattern of unconstitutional activity, the City was not on notice of the issue in this case.

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    As this Court has previously observed, there is no requirement that complaints result in a formal finding of misconduct for such complaints to support findings of failure to supervise or failure to train.

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