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Felix v. City of New York

Failure-to-Train Claim Survives in Suit Over Detective's Killing of Mentally Ill Suspect

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OPINION & ORDER   This litigation concerns the attempted arrest and fatal shooting of David Felix. Felix’s parents and estate sued the two New York Police Department detectives involved in the incident and the City of New York, asserting claims under 42 U.S.C. §1983, federal disability discrimination statutes, and New York law. The Plaintiffs contend that the City is liable for the detectives’ alleged violations of Felix’s constitutional rights because the City failed to train and supervise officers in the treatment of mentally ill and emotionally disturbed persons. The City moves for summary judgment on the failure-to-train and disability discrimination claims. The City also requests, by the same motion, that the Court bifurcate the claims against it from those against the individual officers and limit the trial testimony of an expert witness. For the reasons that follow, the Court grants in part and denies in part the City’s motion. I. Background The factual circumstances of this case are set out in more detail in the Court’s prior orders on the City’s motion to dismiss and the detectives’ motion for partial summary judgment. See Felix v. City of New York (Felix I), 344 F. Supp. 3d 644, 649-52 (S.D.N.Y. 2008); Felix v. City of New York (Felix II), 408 F. Supp. 3d 304, 306-07 (S.D.N.Y. 2009). As relevant here, Detectives Harold Carter and Vincente Matias arrived at the Bridge, a residential facility for individuals suffering from mental illness, on April 25, 2015, to arrest Felix for a robbery and assault. Felix II, 408 F. Supp. 3d at 306; Plaintiffs’ Responses to Defendants’ Rule 56.1 Statement (“Plf. Counter 56.1″), Dkt. No. 142,

1-2. A Bridge employee informed the detectives that Felix suffered from paranoid schizophrenia. Felix II, 408 F. Supp. 3d at 306; Plf. Counter 56.1

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