Felix et al v. City Of New York et al, No. 1:2016cv05845 - Document 93 (S.D.N.Y. 2018)

Court Description: OPINION & ORDER re: 67 LETTER MOTION for Conference requesting a pre-motion conference addressed to Judge Alison J. Nathan from Lauren Turkel dated 10/24/17 filed by The Bridge Inc., 59 AMENDED MOTION to Dismiss . M OTION to Bifurcate filed by City Of New York. For the foregoing reasons, Defendants' motion to dismiss is GRANTED in part and DENIED in part. The motion to dismiss is granted with respect to Plaintiffs' Monell claim s alleging failure to screen, failure to train officers in the use of I-Cards, a custom or practice of misusing I-Cards, and a custom or practice of engaging in excessive force with respect to emotionally disturbed persons. Accordingly, all suc h claims are hereby DISMISSED. However, the motion to dismiss is denied with respect to Plaintiffs' Monell claims alleging failure to train officers in the treatment of emotionally disturbed persons. The motion to dismiss is also denied with respect to Plaintiffs' ADA and Rehabilitation Act claims. As a final matter, at this stage, the Court declines to bifurcate any of the surviving claims from one another. Discovery remains ongoing with respect to the individual defenda nts. See Dkt. No. 92. With respect to claims against the City, the Court will issue an Order scheduling a Case Management Conference under separate cover. This resolves Dkt. Nos. 59 and 67. (Signed by Judge Alison J. Nathan on 9/30/2018) (mro)