A judge has declined to dismiss the case of a mentally disturbed man who claims he was rendered a quadriplegic during a struggle with New York City Police Department officers who were trying to get him to a hospital.

Southern District Judge Naomi Reice Buchwald denied summary judgment to officers Hana Kurian and Miguel Lagara on civil rights claims brought by plaintiff Andre Smith, saying a claim of negligence against the officers could proceed because their alleged actions may have violated the NYPD patrol guide's rules for handling disturbed people.

The officers were called to Smith's apartment on Taylor Avenue in the Bronx at 2 a.m. on Feb. 3, 2012, after neighbors complained that a naked man was banging on doors.