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.

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