Full opinion text
OPINION AND ORDER LAKE, District Judge. Pending before the court is the City of Houston’s Motion for Summary Judgment (Docket Entry No. 180). The City argues that it is entitled to summary judgment on the claims plaintiffs have brought pursuant to 42 U.S.C. § 1983 and § 1988. For the reasons set forth below the City’s motion will be granted. I. Background A. Factual Until the early 1990s responsibility for narcotics enforcement in the Houston Police Department (HPD) resided primarily with the local patrol divisions whose tactical units conducted undercover narcotics investigations. In 1992 Sam Nuchia became HPD Chief. Nuchia ordered the tactical units to remain in uniform and to stop conducting undercover narcotics investigations, which were consolidated in a specialized Narcotics Division. In high crime areas Nuchia implemented “zero tolerance,” a strategy in which communities are saturated by uniformed officers who enforce every law without regard to the magnitude of the offense. Nuchia approved use of zero tolerance in the Gulf-ton area to combat street-level narcotics dealing. Nuchia also created the Gang Task Force (GTF), an overtime program dedicated to suppressing gang activity through high visibility and aggressive enforcement of all laws. The GTF is composed of uniformed patrol officers assigned to regular patrol shifts who also work overtime shifts with the GTF. In the Gulf-ton area, the Southwest GTF was ordered to suppress gang activity using the zero-tolerance strategy. On the night of July 11, 1998, two officers assigned to the Southwest GTF, P.A. Herrada and J.R. Willis, stopped a car for traffic violations. Herrada and Willis arrested a passenger, Ryan Baxter, for public intoxication and for giving alcohol to a minor. When Baxter offered to provide information about a crack cocaine dealer, Herrada and Willis contacted other members of their unit. Together with officers D.R. Barrera, D.R. Perkins, L.E. Tillery, and the GTF supervisor, Sergeant D.H. Strouse, Herrada and Willis went with Baxter to the apartment occupied by Rogelio Oregon Navarro, Salvador Lopez, Nelly Mejia, and Pedro Oregon Navarro. While Baxter knocked on the door, the officers waited in a column at the foot of the stairs. Once the door opened, the officers entered the apartment without a warrant and without consent from the occupants. Following the entry, Navarro was shot dead and the three other occupants of the apartment were arrested. A subsequent search of the apartment failed to find drugs, but did find a handgun close to Navarro’s body. B. Procedural On November 17, 1998, Pedro Oregon Navarro’s mother-Claudia Navarro Pineda, his sister-Susana Oregon Navarro, who has been appointed administratrix of his estate, and the mothers of his two children-Ana Isabel Lores as next friend of Ashley Oregon-Lores and Blanca Lidia Vi-era as next friend of Belinda Marili Viera filed this action together with the surviving occupants of the apartment, Rogelio Oregon Navarro, Salvador Lopez, and Nelly Mejia, against the City of Houston and HPD officers Herrada, Willis, Barrera, Perkins, Tillery, and Strouse pursuant to 42 U.S.C. § 1983 and the Texas Wrongful Death Statute, Texas Civil Practice and Remedies Code §§ 71.001 et seq. Plaintiffs alleged that without a warrant or probable cause the officers forcibly entered the apartment occupied by Pedro Oregon Navarro, Rogelio Oregon Navarro, Salvador Lopez, and Nelly Mejia and used excessive force to seize the occupants of the apartment in violation of rights guaranteed by the Fourth and Fourteenth Amendments. Specifically, plaintiffs alleged that when Rogelio Oregon Navarro opened the door to the apartment from the inside, the defendant officers rushed in without a search warrant and without stopping to request consent. Plaintiffs alleged that once inside, the officers threatened, assaulted, and falsely arrested Rogelio Oregon Navarro, Salvador Lopez, and Nelly Mejia, and shot and killed Pedro Oregon Navarro. Plaintiffs alleged that the officers’ wrongful acts were conducted pursuant to official policies or customs of the City. On April 7, 1999, Barrera, Herrada, Till-ery, and Willis filed a motion for partial summary judgment on claims arising from the death of Pedro Oregon Navarro based on qualified immunity (Docket Entry No. 46). On April 8, 1999, Barrera, Herrada, Tillery, and Willis filed a motion to dismiss the § 1983 claims asserted by Rogelio Oregon Navarro, Salvador Lopez, and Nelly Mejia based on qualified immunity (Docket Entry No. 47); Strouse filed a motion to dismiss (Docket Entry No. 48) and a motion for summary judgment (Docket Entry No. 50); and Perkins filed a motion for summary judgment (Docket Entry No. 49). In an Opinion and Order entered on July 29, 1999 (Docket Entry No. 72), the court granted in part and denied in part the officers’ motions and ordered plaintiffs to file a second amended complaint. In the court’s Opinion and Order of July 29, 1999, the motion for partial summary judgment on plaintiffs’ claims for wrongful death and excessive use of force against Pedro Oregon Navarro was granted as to Tillery and Willis and denied as to Barrera and Herra-da; the motion of Barrera, Herrada, Till-ery, and Willis to dismiss plaintiffs’ § 1983 claims was denied as to plaintiffs’ claims against all four officers for the wrongful entry and search of Rogelio Oregon Navarro’s apartment; denied as to plaintiffs’ claims against Herrada for the false arrests of Salvador Lopez, Rogelio Oregon Navarro, and Nelly Mejia; denied as to plaintiffs’ claims against Willis for the false arrests of Salvador Lopez and Rogelio Oregon Navarro and excessive use of force against Rogelio Oregon Navarro; denied as to plaintiffs’ claims against Barrera for the false arrest of Nelly Mejia; granted as to plaintiffs’ claims against Herrada for excessive use of force against Salvador Lopez, Rogelio Oregon Navarro, and Nelly Mejia; granted as to plaintiffs’ claims against Willis for the false arrest of Nelly Mejia and excessive use of force against Salvador Lopez and Nelly Mejia; granted as to plaintiffs’ claims against Barrera for the false arrests of Salvador Lopez and Rogelio Oregon Navarro and excessive use of force against Salvador Lopez, Rogelio Oregon Navarro, and Nelly Mejia; and granted as to plaintiffs’ claims against Till-ery for false arrests and excessive use of force against Salvador Lopez, Rogelio Oregon Navarro, and Nelly Mejia. Perkins’ motion for summary judgment was denied as to plaintiffs’ claims for the warrantless entry and search of Rogelio Oregon Navarro’s apartment and the false arrests of Salvador Lopez and Nelly Mejia; granted as to plaintiffs’ claims for the false arrest of Rogelio Oregon Navarro and excessive use of force against Salvador Lopez, Rogelio Oregon Navarro, Nelly Mejia, and Pedro Oregon Navarro; and granted as to plaintiffs’ claims for the wrongful death of Pedro Oregon Navarro. Strouse’s motion to dismiss was denied as to plaintiffs’ claims for the wrongful entry and search of Rogelio Oregon Navarro’s apartment and the false arrest of Nelly Mejia; granted as to plaintiffs’ claims for the false arrests of Salvador Lopez and Rogelio Oregon Navarro and for excessive use of force against Salvador Lopez, Rogelio Oregon Navarro, Nelly Mejia, and Pedro Oregon Navarro; and granted as to plaintiffs’ claims for the wrongful death of Pedro Oregon Navarro. Strouse’s motion for summary judgment was denied. On August 9, 1999, plaintiffs filed their Second Amended Complaint (Docket Entry No. 76). On August 23, 1999, the City of Houston filed crossclaims against the officers (Docket Entry No. 84), and the officers filed crossclaims against the City (Docket Entry No. 85). On August 24, 1999, defendants Barrera, Herrada, and Willis filed their Notice of Interlocutory Appeal of the court’s partial denial of their dispositive motions (Docket Entry No. 86). On August 27, 1999, Strouse filed his Notice of Interlocutory Appeal of the court’s partial denial of his dispositive motions (Docket Entry No. 92). By Order entered on March 16, 2000, the Fifth Circuit dismissed Strouse’s appeal (Docket Entry No. 159); and by Order entered on March 21, 2000, the Fifth Circuit dismissed Willis’s appeal (Docket Entry No. 160). The appeals filed by Barrera and Herrada are pending before the Fifth Circuit. On October 13, 1999, plaintiffs Rogelio Oregon Navarro, Salvador Lopez, and Nelly Mejia filed a Motion for Voluntary Dismissal Without Prejudice (Docket Entry No. 120). At a hearing held on October 27, 1999, the court granted the Motion for Voluntary Dismissal Without Prejudice and dismissed all claims brought by Rogelio Oregon Navarro, Salvador Lopez, and Nelly Mejia (Docket Entry No. 127). On August 4, 2000, the City filed motions for summary judgment on the claims that plaintiffs have brought pursuant to 42 U.S.C. § 1983 and § 1988 (Docket Entry No. 180) and on the claims asserted by the officers (Docket Entry No. 181). By Order entered on September 29, 2000, the court denied the City’s motion for summary judgment on the crossclaims alleged by the officers (Docket Entry No. 201). Pending before the court is the City of Houston’s Motion for Summary Judgment (Docket Entry No. 180) in which the City seeks summary judgment on the claims that plaintiffs have brought for violation of the civil rights of Pedro Oregon Navarro pursuant to 42 U.S.C. § 1983 and § 1988. The City argues that it is entitled to summary judgment on these claims “because the undisputed evidence shows that as a matter of law, the City of Houston does not have a custom, policy, or practice which was the moving force behind the alleged violation of the rights of Pedro Oregon Navarro.” II. Summary Judgment Standard Summary judgment is authorized if the movant establishes that there is no genuine dispute about any material fact and the law entitles it to judgment. Fed.R.Civ.P. 56(c). Facts are considered “material” if they “might affect the outcome of the suit under the governing law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). A material fact creates a “genuine issue” if the evidence is such that the trier of fact reasonably could resolve the factual dispute in favor of either party. Id. at 2511. The Supreme Court has interpreted the plain language of Rule 56(c) to mandate “the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). A party moving for summary judgment bears the initial burden of identifying those portions of the record that it believes demonstrate the absence of a genuine issue of material fact. Id. If the party moving for summary judgment meets the initial burden, Rule 56(c) requires the nonmovant to go beyond the pleadings and show by affidavits, depositions, answers to interrogatories, admissions on file, or other admissible evidence that specific facts exist over which there is a genuine issue for trial. Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994) (en banc). The party opposing summary judgment is required to identify specific evidence in the record and to articulate the precise manner in which that evidence supports that party’s claim. See Forsyth v. Barr, 19 F.3d 1527, 1537 (5th Cir.), cert. denied, 513 U.S. 871, 115 S.Ct. 195, 130 L.Ed.2d 127 (1994). Unsupported allegations or affidavit or deposition testimony asserting ultimate or conclusory facts and conclusions of law are not sufficient to defeat a motion for summary judgment. Clark v. America’s Favorite Chicken Co., 110 F.3d 295, 297 (5th Cir. 1997). See also Anderson, 106 S.Ct. at 2509-2510. Factual controversies are to be resolved in favor of the nonmovant, “but only when there is an actual controversy, that is, when both parties have submitted evidence of contradictory facts.” Little, 37 F.3d at 1075. “Rule 56 does not impose upon the district court a duty to sift through the record in search of evidence to support a party’s opposition to summary judgment.” Ragas v. Tennessee Gas Pipeline Co., 136 F.3d 455, 458 (5th Cir.1998). Unless there is sufficient evidence for a jury to return a verdict in the nonmovant’s favor, there is no genuine issue for trial. Anderson, 106 S.Ct. at 2511. III. Legal Standard 42 U.S.C. § 1983 provides a private right of action against “[ejvery person” acting under color of state law who imposes or causes to be imposed a deprivation of constitutional rights. Owen v. City of Independence, Missouri, 445 U.S. 622, 100 S.Ct. 1398, 1423, 63 L.Ed.2d 673 (1980). See also Monell v. Department of Social Services of City of New York, 436 U.S. 658, 98 S.Ct. 2018, 2035-2036, 56 L.Ed.2d 611 (1978). To establish a § 1983 claim against the City, plaintiffs must identify “(1) a policy (2) of the city’s policymaker (3) that caused (4) the plaintiff[s] to be subjected to a deprivation of [a] constitutional right.” Grandstaff v. City of Barger, Tex., 767 F.2d 161, 168 (5th Cir.1985), cert. denied, 480 U.S. 916, 107 S.Ct. 1369, 94 L.Ed.2d 686 (1987), citing Monell, 98 S.Ct. at 2036-2037. See also Brown v. Bryan County, Ok., 219 F.3d 450, 457 (5th Cir .2000). A.Policy That the legal meaning of the term “policy” encompasses a range of municipal behavior can be found in Monell. “[I]t is when execution of a government’s policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury that the government as an entity is responsible.” Brown, 219 F.3d at 457 n. 9, quoting Mo-nell, 98 S.Ct. at 2036-2037. Official policy, for purposes of § 1983 liability, is “[a] policy statement, ordinance, regulation or decision that is officially adopted and promulgated by the municipality’s lawmaking officers or by an official to whom the lawmakers have delegated policy-making authority.” Id. at p. 457, quoting Bennett v. City of Slidell, 735 F.2d 861, 862 (5th Cir.1984) (en banc), cert. denied, 472 U.S. 1016, 105 S.Ct. 3476, 87 L.Ed.2d 612 (1985). Official policy can also be “[a] persistent, widespread practice of city officials or employees, which, although not authorized by officially adopted and promulgated policy, is so common and well settled as to constitute a custom that fairly represents municipal policy.” Id., quoting Bennett, 735 F.2d at 862. See also Webster v. City of Houston, 735 F.2d 838, 841 (5th Cir.) (en banc) (adopting definition of “official policy”), modified on other grounds on reh’g, 739 F.2d 993 (5th Cir. 1984) (en banc). B. Of City’s Policymaker A city cannot be held vicariously liable under § 1983 for the constitutional torts of its employees or agents. See Monell, 98 S.Ct. at 2036-2037. See also Baker v. Putnal, 75 F.3d 190, 200 (5th Cir. 1996). Instead, [tjhe ‘official policy’ requirement was intended to distinguish acts of the municipality from acts of employees of the municipality, and thereby make clear that municipal liability is limited to action for which the municipality is actually responsible. Monell reasoned that recovery from a municipality is limited to acts that are, properly speaking, acts “of the municipality”- — that is, acts which the municipality has officially sanctioned or ordered. Pembaur v. City of Cincinnati, 475 U.S. 469, 106 S.Ct. 1292, 1298, 89 L.Ed.2d 452 (1986). “A policy or custom becomes official for purposes of § 1983 when it results from the decision or acquiescence of the municipal officer or body with ‘final policy-making authority’ over the subject matter of the offending policy.” Gros v. City of Grand Prairie, Tex., 181 F.3d 613, 615 (5th Cir.1999). C. Causation Liability cannot be imposed on a municipality unless deliberate action attributable to the municipality itself is the “moving force” behind the deprivation of the plaintiffs federal rights. Board of County Com’rs of Bryan County, Okla. v. Brown, 520 U.S. 397, 117 S.Ct. 1382, 1386, 137 L.Ed.2d 626 (1997), quoting Monell, 98 S.Ct. at 2027. See also Spiller v. City of Texas City Police Dept. 130 F.3d 162, 167 (5th Cir.1997) (official policy or custom must have been “a cause in fact of the deprivation of rights inflicted”). To satisfy the moving force requirement, plaintiffs must establish either that the custom or policy was the cause in fact of the constitutional violation or that the constitutional violation resulted from the execution of the official policy or custom. Spiller, 130 F.3d at 167, quoting Meadowbriar Home For Children, Inc. v. Gunn, 81 F.3d 521, 533 (5th Cir.1996), and Fraire v. City of Arlington, 957 F.2d 1268, 1277 (5th Cir.), cert. denied, 506 U.S. 973, 113 S.Ct. 462, 121 L.Ed.2d 371 (1992). Plaintiffs “must [also] demonstrate that the municipal action was taken with ‘deliberate indifference’ as to its known or obvious consequences. A showing of simple or even heightened negligence will not suffice.” Bryan County, 117 S.Ct. at 1390. “‘Deliberate indifference’ is a stringent standard of fault, requiring proof that a municipal actor disregarded a known or obvious consequence of his action.” Id. at 1391. See also Conner v. Travis County, 209 F.3d 794, 796 (5th Cir.2000) (“Deliberate indifference is more than mere negligence.”); Snyder v. Trepagnier, 142 F.3d 791, 796 (5th Cir.1998) (“Bryan County underscores the need for Monell plaintiffs to establish both the causal link (‘moving force’) and the city’s degree of culpability (‘deliberate indifference’ to federally protected rights).”). “These requirements must not be diluted, for ‘[w]here a court fails to adhere to rigorous requirements of culpability and causation, municipal liability collapses into respondeat superior liability.’ ” Snyder, 142 F.3d at 796, quoting Bryan County, 117 S.Ct. at 1394. See Farmer v. Brennan, 511 U.S. 825, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994)(defining “deliberate indifference”). D. Deprivation of Constitutional Right “Section 1983 ‘is not itself a source of substantive rights,’ but merely provides ‘a method' for vindicating federal rights conferred elsewhere.’ ” Albright v. Oliver, 510 U.S. 266, 114 S.Ct. 807, 127 L.Ed.2d 114 (1994), quoting Baker v. McCollan, 443 U.S. 137, 99 S.Ct. 2689, 2694 n. 3, 61 L.Ed.2d 433 (1979). Plaintiffs must therefore show that the acts complained of occurred under color of state law and that Pedro Oregon Navarro was deprived of a right guaranteed by the Constitution or laws of the United States. See Parrott v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 1913, 68 L.Ed.2d 420 (1981), overruled on other grounds, Daniels v. Williams, 474 U.S. 327, 106 S.Ct. 662, 88 L.Ed.2d 662 (1986). See also Piotrowski v. City of Houston, 51 F.3d 512, 515 (5th Cir.1995). IV. Plaintiffs’Arguments Plaintiffs argue that the actions of the Houston police officers who entered the Navarro apartment resulted from the following official policies or customs of HPD: (1) allowing gang task forces to conduct unconstitutional searches of pxdvate residences in violation of the Fourth Amendment; (2) providing inadequate training and supervision to the gang task forces; [and] (3) directing the gang task forces to conduct law enforcement activities in a racially discriminatory manner. The City argues that it is entitled to summary judgment because the City does not have a custom, policy, or practice that was the moving force of a violation of Pedro Oregon Navarro’s civil rights. Plaintiffs argue that the court should deny the City’s motion because the summary judgment record raises genuine questions of material fact. A. Allowing GTFs to Conduct Unconstitutional Searches of Private Residences in Violation of the Fourth Amendment Plaintiffs allege that HPD maintained an unwritten policy of allowing its GTF officers to conduct unconstitutional searches of private residences in support of its zero-tolerance strategy and that the execution of this policy caused the warrantless entry and search of the Navarro apartment and the shooting death of Pedro Oregon Navarro in violation of the Fourth Amendment. 1. Policy Based on Pattern of Misconduct Plaintiffs argue that their experts “have identified several warrantless residence searches that represent a pattern of constitutional violations.” The City argues that plaintiffs cannot show that it had an unwritten policy of allowing GTF officers to conduct unconstitutional searches of private residences. (a) Plaintiffs’ Evidence As evidence that HPD has an unwritten policy allowing unconstitutional searches of private residences, plaintiffs submit the affidavit testimony of expert witnesses, Thomas A. Parker and James Fyfe, 73 HPD offense reports, and a statement made by officer Barrera following the Pedro Oregon Navarro shooting. (i) Expert Witness Testimony Parker testified that the City produced approximately 5,000 offense reports. Parker testified that when he asked plaintiffs’ lawyers to cull from the 5,000 offense reports those involving narcotics and searches and seizures conducted by members of the Southwest GTF, he received approximately 493 reports spanning the period from November 6, 1993, to December 29, 1999. Parker testified that approximately 428 of these offense reports “involved narcotics investigations of one form or another.” Among these, approximately 237 investigations involved automobiles, ... approximately 224 investigations involved pedestrians, ... and approximately 33 investigations involved residences or other occupied dwellings such as motels. When he narrowed his review to a one year period immediately preceding the Pedro Oregon shooting ... [Parker] found that there were approximately 14 incidents of GTF members making warrantless investigative intrusions into residential premises pursuant to narcotics investigations — approximately one such intrusion every four weeks. From his review of these 14 offense reports Parker concluded that [t]he warrantless investigative intrusions into private residences, even though relatively small in number, were so egregious and outside the training and responsibilities of the GTF officers, that they should have been clear warnings to the Houston Police Department supervisory and management staff that a significant problem existed in GTF tactics. Like Parker, Fyfe reviewed close to 500 incident reports from which he concluded that “[t]he data'... disclose a pattern in which Southwest Gang Task Force officers have conducted what are clearly narcotics investigations involving apparently improper entries into private homes, apartments, or motel rooms. Fyfe supported his conclusion by summarizing 17 incidents referenced by Bates Number. (ii) Offense Reports Plaintiffs submit 73 offense reports ranging in date from March 18, 1994, to December 10, 1999. Although plaintiffs’ expert witnesses testify that they each reviewed close to 500 offense reports, plaintiffs fail to discuss the offense reports individually and instead generally reference 6 of the 73 offense reports included in the summary judgment record in support of their experts’ testimony. Plaintiffs assert that these six offense reports establish that “[t]he pattern [of constitutional violations] became especially evident in the months leading up to the Oregon shooting, when there was a marked escalation in the number of warrantless residential searches.” (iii) Officer Barrera’s Statement After the Pedro Oregon Navarro shooting officer Barrera executed a written statement in response to a complaint filed by HPD Chief Clarence Bradford. In it Barrera stated that “[o]n a prior occasion, myself and several other officers of the Gang Task Force had entered other residences looking for drugs.” Plaintiffs argue that officer Barrera’s statement confirms the existence of a pattern of warrantless searches that was “entrenched — and accelerating.” (b) The City’s Evidence The City argues that plaintiffs’ evidence fails to establish that HPD has an unwritten policy allowing unconstitutional searches of private residences because “several of the cited reports are duplicates of the same incident,” the incidents cited by plaintiffs “are generally in accordance with the Fourth Amendment,” and that “even if the incidents cited were in violation of the Fourth Amendment, [their] small number is statistically insignificant.” In support of this argument the City asserts that [t]he Fourth Amendment does not impose a complete ban of warrantless searches, rather it limits the use of war-rantless searches to those situations in which an officer has probable cause to conduct the search or situations in which exigent circumstances exist or consent is granted. The City argues that plaintiffs’ offense reports evidence several instances in which GTF officers justifiably entered a residence without a warrant after smelling narcotics, that the home entries involved misdemeanor charges, and that “these relatively minor incidents do not bring the case to the level of scienter required to make a municipality liable under § 1983.” (c) Analysis Warrantless searches inside a home are per se unreasonable, and therefore, unconstitutional, unless they fall into one of a few specifically established exceptions to the general rule. Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 1382, 63 L.Ed.2d 639 (1980); Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 2042-2043, 29 L.Ed.2d 564 (1971); Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 2043, 36 L.Ed.2d 854 (1973). See also United States v. Munoz-Guerra, 788 F.2d 295 (5th Cir.1986). Consent and exigent circumstances are two well-settled exceptions to the Fourth Amendment’s warrant requirement. See United States v. Vega, 221 F.3d 789, 798 (5th Cir.2000), citing Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981). Although Parker refers to 33 incidents involving warrantless entries into private residences, and Fyfe summarizes 17 incidents involving warrantless entries into private residences, neither Parker nor Fyfe attached copies of the relevant offense reports to their affidavits, and neither discusses the reasons — -other than the fact that the entries were warrantless— why the offense reports are evidence of police misconduct .that violates the Fourth Amendment. In response the City argues that the offense reports relied upon by Parker and Fyfe overlap and include several incidents in which GTF officers justifiably entered a residence without a warrant pursuant either to consent or exigent circumstances. However, like Parker and Fyfe, the City fails to discuss which offense reports overlap or which offense reports evidence police conduct that complies with the Fourth Amendment. Using the Bates numbers referenced in Fyfe’s affidavit, the court has prepared Table 2, which lists each of the warrantless entries of private residences summarized by Fyfe that is also represented by an offense report included in the summary judgment record. Table 2 identifies 13 incidents by Bates number, incident number, date, exhibit number in Yol. Ill of plaintiffs’ exhibits, and description. The descriptions include how the incident began, the time it occurred, how it developed, and the arrests involved. Table 2 also identifies the exception to the warrant requirement on which the officers apparently relied to effect the entry and the officers’ names. The court’s review of these 13 offense reports reveals five entries based on consent, seven entries based on exigent circumstances, and one entry in which no Fourth Amendment interest appears to have been at issue. Table 2 Bates Incident Date Ex. Incident Officers No. No. No. Start Time Description No. Exception Ar. 72977 133192597 10-18-97 2 inv. 21:25 arrest urinating male, info, re drug party, smell 8 exigent Breedlove stop 21:30 dope thru door, evacuate apt, enter smell McDowell 74259 007160398 1-16-98 3 tip 00:48 drug tip, monitor area, knock on door, smell mj 1 consent Harbison 01:25 & cocaine, open door for officer safety, consent Crank 74949 024604298 2-25-98 4 call 23:20 loud noise & drug sales in apt, approach, chase 1 exigent Harbison 02:51 suspect into apt, plain view cocaine, arrest pursuit Crank 74972 024623498 2-26-98 5 call 00:30 loud noise, find non-residents in apt, trespass 1 no 4th Harbison ? arrest, wake and search sleeper find cocame Amend. Herrada Interest Crank 26465 032203898 3-15-98 6 call 01:45 drug-related disturbance, apt manager directs to 3 consent Harbison 02:39 apt, consent, crack in back room 31760 038151198 3-28-98 7 tr. 01:05 GTF make PI arrest, go to apt where arrestee 3 exigent Barrera stop 04:15 bought crack, smell mj, enter apt smell Esquivel Willis Strouse 76978 067126598 5-28-98 8 walk 21:15 juvenile seen, officer approached open door, smell 1 consent Barrera thru 23:57 mj, consent search of apt Tillery 80297 029620499 3-6-99 9 call 18:12 males smoking mj in car, 1 susp runs into house, 2 exigent Marcus 23:42 officer enters, plain view mj in car pursuit 69851 055513597 5-2-97 12 inv. 00:15 nervous pedestrian, smell mj, go to apt to check 1 exigent McDowell stop 03:11 ID, smell mj, enter, mj and cocaine smell Breedlove 75881 041429198 4-3-98 13 walk 22:40 smell mj, PI arrest on balcony, plain view crack 2 exigent pi. Harbison thru 02.42 pipe through apt view Hernandez 72110 033462495 3-26-95 15 tip 00:08 Cl tells GTF stolen guns hidden in house, call 1 consent Siewart 01:45 DA, get landlady’s consent, arrest tenant Esquivel 28926 135436997 10-24-97 18 ? ? car theft suspect gives up partner 1 consent Esquivel 32273 019298198 2-13-98 19 inv. 22:45 gang members drinking beer in parking lot, drop 3 exigent Crank stop 02:48 beer, run into apt, officers pursue into apt pursuit Herrada (i) Consent Searches Warrantless searches are not unreasonable under the Fourth Amendment if consent is given to conduct them. Schneckloth, 93 S.Ct. at 2047-2048; United States v. Tompkins, 130 F.3d 117, 121 (5th Cir.1997), cert. denied, 523 U.S. 1036, 118 S.Ct. 1335, 140 L.Ed.2d 495 (1998). When relying on the consensual search exception the government bears the burden of proving by a preponderance of the evidence that consent was given freely and voluntarily. Bumper v. North Carolina, 391 U.S. 543, 88 S.Ct. 1788, 1792, 20 L.Ed.2d 797 (1968). See also United States v. Ponce, 8 F.3d 989, 997 (5th Cir. 1993). The voluntariness of a search is a question of fact to be determined from the totality of the circumstances. Ohio v. Ro-binette, 519 U.S. 33, 117 S.Ct. 417, 421, 136 L.Ed.2d 347 (1996), citing Schneckloth, 93 S.Ct. at 2047. See also Tompkins, 130 F.3d at 121, and United States v. Morales, 171 F.3d 978, 981 (5th Cir.1999). Relevant factors considered by courts in determining whether consent is given freely and voluntarily include: (1) the voluntariness of the defendant’s custodial status; (2) the presence of coercive police procedures; (3) the extent and level of the defendant’s cooperation with the police; (4) the defendant’s awareness of his right to refuse to consent; (5) the defendant’s education and intelligence; and (6) the defendant’s belief that no incriminating evidence will be found. Tompkins, 130 F.3d at 121. Five of the incidents listed in Table 2 describe searches apparently based on the consent exception to the warrant requirement. Although plaintiffs have submitted each of these five offense reports as evidence of unconstitutional police action, the City does not argue that the consent obtained in any of these five situations was given freely and voluntarily. Instead, the City simply asserts that consent searches are permitted by the Fourth Amendment. Because the Supreme Court has long held that warrantless searches of private residences are presumptively unconstitutional and that the government bears the burden of demonstrating otherwise, because the City fails to present any summary judgment evidence demonstrating that the consents obtained to enter and search private residences evidenced by the five offense reports summarized by Fyfe were given freely and voluntarily, and because the court must resolve factual controversies in favor of the nonmovant, the court concludes that the searches described in these five offense reports are presumptively improper. (ii) Searches Based on Probable Cause and Exigent Circumstances Warrantless searches are not unreasonable under the Fourth Amendment if supported by probable cause and exigent circumstances. Vega, 221 F.3d at 798, citing Steagald, 101 S.Ct. at 1642. See also Vale v. Louisiana, 399 U.S. 30, 90 S.Ct. 1969, 26 L.Ed.2d 409 (1970). Exigent circumstances “include those in which officers reasonably fear for their safety, where firearms are present, or where there is a risk of a criminal suspect’s escaping or fear of destruction of evidence.” United States v. Rico, 51 F.3d 495, 500 (5th Cir.), cert. denied, 516 U.S. 883, 116 S.Ct. 220, 133 L.Ed.2d 150 (1995). When relying on the exigent circumstances exception the government bears the burden of proving by a preponderance of the evidence the existence of both probable cause and exigent circumstances. Morales, 171 F.3d at 981-982. See also Coolidge, 91 S.Ct. at 2042 (“a search or seizure carried out on a suspect’s premises without a warrant is per se unreasonable, unless the police can show ... the presence of ‘exigent circumstances’ ”). In Rico the Fifth Circuit identified a non-exhaustive list of factors that may be considered in determining the existence of exigent circumstances, including (1) the degree of urgency involved and the amount of time necessary to obtain a warrant; (2) the reasonable belief that contraband is about to be removed; (3) the possibility of danger to the police officers guarding the site of contraband while a search warrant is sought; (4) information that the possessors of the contraband are aware that the police are on their trail; and (5) the ready destrue-tibility of the contraband and the knowledge that efforts to dispose of narcotics and to escape are characteristic behavior of persons engaged in narcotics traffic. 51 F.3d at 501, citing United States v. Richard, 994 F.2d 244, 248 (5th Cir.1993). See also Vega, 221 F.3d at 800; Morales, 171 F.3d at 982. In the Fifth Circuit “exigencies deliberately manufactured by the Government violate the Fourth Amendment, especially if the Govern-merit’s actions are intentionally taken to avoid the warrant requirement.” United States v. Howard, 106 F.3d 70, 78-79 (5th Cir.1997). To support warrantless entry of a residence, exigent circumstances must exist prior to the time the police approach a residence. Vega, 221 F.3d at 799-800. Seven of the incidents listed in Table 2 describe searches apparently based on the exigent circumstances exception to the warrant requirement. Three of these searches involved pursuit of fleeing suspects, three involved the smell of burning narcotics, and one involved the plain view of narcotics paraphernalia. Although plaintiffs have submitted each of these offense reports as evidence of unconstitutional police action, the City argues only that the smell of burning narcotics constitutes both the probable cause and exigent circumstances required to justify a warrantless entry and search of a private residence. In support of this argument the City cites three Fifth Circuit cases: United States v. McSween, 53 F.3d 684, 686 (5th Cir.), cert. denied, 516 U.S. 874, 116 S.Ct. 199, 133 L.Ed.2d 133 (1995); United States v. Reed, 882 F.2d 147, 149 (5th Cir.1989); United States v. Villarreal, 565 F.2d 932, 937 (5th Cir.), cert. denied, 439 U.S. 824, 99 S.Ct. 92, 58 L.Ed.2d 116 (1978), and one Eleventh Circuit case, United States v. Tobin, 923 F.2d 1506, 1510 (11th Cir.), cert. denied, 502 U.S. 907, 112 S.Ct. 299, 116 L.Ed.2d 243 (1991). The City also asserts that in United States v. Grissett, 925 F.2d 776, 778 (4th Cir.), cert, denied sub nom. Perez-Rodriguez v. United States, 500 U.S. 945, 111 S.Ct. 2245, 114 L.Ed.2d 486 (1991), the Fourth Circuit held that an officer’s smell of burning narcotics constitutes “both ... probable cause and exigent circumstances” to enter and search a residence without a warrant. The Fifth Circuit cases the City cites in support of its argument that the smell of burning narcotics constitutes probable cause are inapposite because each of them involves the search of an automobile, not the search of a private residence. See McSween, 53 F.3d at 686; Reed, 882 F.2d at 149; Villarreal, 565 F.2d at 937. The Supreme Court has long held that due to an automobile’s mobile nature police officers have greater discretion to perform warrantless searches of automobiles than residences. See Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 1981, 26 L.Ed.2d 419 (1970); Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 285, 69 L.Ed. 543 (1925). See also Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969) (“Our holding today is of course entirely consistent with the recognized principle that, assuming the existence of probable cause, automobiles and other vehicles may be searched without warrants ‘where it is not practicable to secure a warrant, because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought.’ ”), citing Carroll, 45 S.Ct. at 285. The Eleventh Circuit case cited by the City did not base its finding of exigent circumstances on the smell of burning narcotics, but on the hurried actions and furtive looks of the defendants. See Tobin, 923 F.2d at 1511 (exigent circumstances present where “the agents could reasonably conclude from the defendants’ hurried actions and furtive looks that [they] were either aware or afraid that someone was watching them [and] [destruction or removal of ... the narcotics was therefore a possibility”). The Fourth Circuit case cited by the City in support of its argument that the smell of burning narcotics constitutes both probable cause and exigent circumstances does not so hold. See Grissett, 925 F.2d at 778 (warrantless entry of hotel room justified both by the smell of burning marijuana and the exigent circumstances that developed after the officers identified themselves to the occupants of the hotel room which the officers had approached in order to identify a weapons offender). The City’s arguments concerning an officer’s ability to cite the smell of burning narcotics as justification for effecting a warrantless entry and search of a private residence are governed by two Supreme Court cases not cited by the City: Johnson v. United States, 383 U.S. 10, 68 S.Ct. 367, 92 L.Ed. 436 (1948), and Welsh v. Wisconsin, 466 U.S. 740, 104 S.Ct. 2091, 80 L.Ed.2d 732. (1984). In Johnson police received a tip that opium was being used by unknown persons in a hotel room. 68 S.Ct. at 368. Arriving at the hotel to investigate, the police smelled the “distinctive and unmistakable” odor of burning opium coming from a certain room, knocked on the door, announced their presence, and asked for admittance. Id. A search of the room revealed opium and a smoking apparatus. Id. Reversing the occupant’s conviction for possession of opium, the Court stated: At the time entry was demanded the officers were possessed of evidence which a magistrate might have found to be probable cause for issuing a search warrant.... If the presence of odors is testified to before a magistrate and he finds the affiant qualified to know the odor, and it is one sufficiently distinctive to identify a forbidden substance, this Court has never held such a basis insufficient to justify issuance of a search warrant... The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime. Any assumption that evidence sufficient to support a magistrate’s disinterested determination to issue a search warrant will justify the officers in making a search without a warrant would reduce the Amendment to a nullity and leave the people’s homes secure only in the discretion of police officers. Crime, even in the privacy of one’s own quarters, is, of course, of grave concern to society, and the law allows such crime to be reached on proper showing. The right of officers to thrust themselves into a home is also a grave concern, not only to the individual but to a society which chooses to dwell in reasonable security and freedom from surveillance. When the right of privacy must reasonably yield to the right of search is, as a rule, to be decided by a judicial officer, not by a policeman or Government enforcement agent, (citations omitted) Id. The Supreme Court’s ruling in Johnson establishes that an untested and uncorroborated tip coupled with the odor of burning narcotics does not by itself provide officers cause to enter and search a private residence without a warrant. See also Taylor v. United States, 286 U.S. 1, 52 S.Ct. 466, 76 L.Ed. 951 (1932) (odors alone do not authorize a search without a warrant). In Welsh v. Wisconsin the Supreme Court held that the police violated the defendant’s Fourth Amendment rights by arresting him in his home without a warrant for driving while intoxicated. The Supreme Court emphasized that “the police bear a heavy burden when attempting to demonstrate an urgent need that might justify warrantless searches or arrests.” 466 U.S. 740, 104 S.Ct. 2091, 2097, 80 L.Ed.2d 732 (1984). The Court noted that only “hot pursuit of a fleeing felon,” “destruction of evidence,” and “ongoing fire” had been recognized by the Court as emergency situations justifying a warrantless search or arrest and that only the “hot pursuit” doctrine had been applied to war-rantless arrests effected in a suspect’s home. 104 S.Ct. at 2097-98. In language that is particularly pertinent to the City’s arguments, the Welsh Court stated: Our hesitation in finding exigent circumstances, especially when warrantless arrests in the home are at issue, is particularly appropriate when the underlying offense for which there is probable cause to arrest is relatively minor. Before agents of the government may invade the sanctity of the home, the burden is on the government to demonstrate exigent circumstances that overcome the presumption of unreasonableness that attaches to all warrantless home entries. When the government’s interest is only to arrest for a minor offense, that presumption of unreasonableness is difficult to rebut, and the government usually should be allowed to make such arrests only with a warrant issued upon probable cause by a neutral and detached magistrate. 104 S.Ct. at 2098 (citations omitted). The Welsh opinion explains the meaning of “minor offense” by reference to Payton, 100 S.Ct. at 1371, the case in which the Supreme Court prohibited warrantless arrests in the home without probable cause and exigent circumstances. Id. In Payton even the dissenters recognized the importance of limiting such arrests to felony offenses. See 100 S.Ct. at 1395 (White, J., joined by Burger, C.J., and Rehnquist, J., dissenting) (“The felony requirement guards against abusive or arbitrary enforcement and ensures that invasions of the home occur only in case of the most serious crimes.”). Because in Johnson the Supreme Court held that the smell of burning opium will not support a warrantless entry into a private residence, because in Welsh the Supreme Court held that warrantless entries into private residences cannot be made to effect arrests for minor offenses, and because many of the arrests made by GTF officers pursuant to home entries based on the smell of burning marijuana are — as the City admits — for misdemeanor offenses, the court is not persuaded by the City’s argument that the smell of burning narcotics establishes both the probable cause and the exigent circumstances needed to justify the warrantless entry and search of a private residence. Because the Supreme Court has long held that war-rantless searches of private residences are presumptively unconstitutional and that the government bears the burden of demonstrating otherwise, because the City fails to present summary judgment evidence demonstrating that the entries and searches evidenced by the seven offense reports summarized by Fyfe which appear to have been based on the exigent circumstances exception to the warrant requirement were supported by both probable cause and exigent circumstances, and because the court must resolve factual controversies in favor of the nonmovant, the court concludes that the searches described in these seven offense reports are presumptively improper. (iii) Search Lacking A Fourth Amendment Interest One of the incidents listed in Table 2 evidences an incident in which GTF officers responded to a loud noise complaint at an apartment and found the apartment occupied by trespassers. Because trespassers have no expectation of privacy protected by the Fourth Amendment, the court is not persuaded that the warrantless entry and search of a private residence described in this offense report is presumptively improper. See United States v. Garcilazo-Martinez, 881 F.Supp. 265 (S.D.Tex.l994)(no legitimate expectation of privacy in abandoned house); United States v. McRae, 156 F.3d 708, 711 (6th Cir.l998)(no legitimate expectation of privacy in vacant house); United States v. Dodds, 946 F.2d 726 (10th Cir.1991) (no legitimate expectation of privacy in abandoned apartment); Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 430-431, 58 L.Ed.2d 387 n.12 (1978) (suggesting that wrongful presence on property supports no reasonable expectation of privacy). (iv) Court’s Conclusions The court’s review of the summary judgment evidence establishes that the plaintiffs have produced evidence of eleven incidents that occurred before the shooting of Pedro Oregon Navarro in which GTF officers entered and searched private residences without a warrant in circumstances which, viewed in the light most favorable to plaintiffs, raise a presumption of unconstitutional police misconduct. One of these incidents occurred in 1995, three occurred in 1997, and seven occurred in 1998 prior to the incident at the Navarro apartment. The summary judgment evidence also shows that these eleven incidents resulted in 25 warrantless arrests. Because the warrantless entry of a private residence by police either to search or to arrest presumptively violates the Fourth Amendment, because the City fails to demonstrate that the entries, searches, and arrests evidenced by these eleven incidents are constitutionally sound, and because the court is not persuaded by the City’s argument that the smell of burning narcotics provides officers both the probable cause and exigent circumstances needed to justify warrantless entry and search of a private residence, the court concludes that plaintiffs have raised a genuine issue of material fact concerning whether the war-rantless entries and searches evidenced in the summary judgment record represent a persistent, widespread practice of GTF officers which is so common and well settled as to constitute a custom that fairly represents municipal policy. 2. Known to City’s Official Policymaker A policy or custom becomes official for purposes of § 1983 when it results from the decision or acquiescence of the municipal officer or body with “final policymaking authority” over the subject matter of the offending policy. Gros, 181 F.3d at 615. Plaintiffs offer no evidence that City policymakers had actual knowledge that GTF officers were conducting warrantless and unconstitutional searches of private residences, much less that City policymakers approved this policy. Instead, citing Webster, 735 F.2d at 841, plaintiffs argue that “[t]his pattern of warrantless searches rises to the level of an official policy or custom.” In support of this argument, plaintiffs argue that six incidents of warrantless entries and searches conducted by GTF officers in 1998 show that “the pattern [of constitutional violations] became especially evident in the months leading up to the Oregon shooting, when there was a marked escalation in the number of warrantless residential searches.” Plaintiffs also cite Parker, who testified that even a relatively small number of warrantless searches should place HPD on notice that the GTF was engaging in a pattern of unconstitutional conduct. Finally, plaintiffs argue that [w]hen police conduct is especially egregious, as here, the burden of proof is less rigorous. “Where the violations are flagrant or severe, the fact finder will likely require a shorter pattern of the conduct to be satisfied that diligent governing body members would necessarily have learned of the objectionable practice and acceded to its continuation.” ... Even a relatively small number of warrantless searches should place the HPD on notice that the GTF was engaging in a pattern of unconstitutional conduct. The Fifth Circuit has explained that in such cases, [c]onstructive knowledge may be attributed to the governing body on the ground that it would have known of the violations if it had properly exercised its responsibilities, as for example, where the violations were so persistent and widespread that they were the subject of prolonged public discussion or of a high degree of publicity. Webster, 735 F.2d at 841, citing Bennett v. City of Slidell, 728 F.2d 762, 768 (5th Cir.l984)(en banc), reh’g denied, 735 F.2d 861, 862 (5th Cir.l984)(en banc), cert. denied, 472 U.S. 1016, 105 S.Ct. 3476, 87 L.Ed.2d 612 (1985). The City argues that the warrantless entries and searches of private residences cited by plaintiffs and their expert witnesses are too small in number and statistically insignificant to raise a genuine issue of material fact. There is no bright line rule for determining when a number of incidents taken together comprise a pattern of conduct serious enough to impute constructive knowledge to municipal policymakers. However, even assuming that the six 1998 incidents cited by plaintiffs evidence conduct that violated the Fourth Amendment, plaintiffs fail to show that these six war-rantless entries and searches of private residences “were so persistent and widespread that they were the subject of prolonged public discussion or of a high degree of publicity.” Bennett, 728 F.2d at 768. Although plaintiffs present evidence that the responsibilities and procedures of the GTF were the subject of discussion within HPD, and that the discussion included Kimbra Ogg, Director of the May- or’s Anti-Gang Office, plaintiffs present no evidence that before the incident on July 11-12, 1998, that gave rise to this action warrantless entries and searches of private residences conducted by GTF officers was ever a topic of discussion within the HPD, the mayor’s office, or the city council. Moreover, plaintiffs present no evidence that HPD policymakers read the specific offense reports summarized in Table 2, or that if HPD policymakers had read them they would have known that any unconstitutional acts had occurred. Without some notice of prior incidents, City policymakers cannot reasonably be said to have shown deliberate indifference towards the GTF’s misconduct. Even though plaintiffs have presented evidence from which a reasonable trier of fact could conclude that the actions of certain GTF officers constituted a pattern of unconstitutional conduct, plaintiffs have failed to present evidence from which a reasonable trier of fact could conclude either that municipal policymakers knew about that pattern of unconstitutional misconduct or that the warrantless entries and searches were so numerous or flagrant that constructive knowledge of them should be imputed to municipal policymakers. See Hamilton v. Rodgers, 783 F.2d 1306, 1309 (5th Cir.), opinion withdrawn on other grounds, 791 F.2d 439 (5th Cir.l986)(holding that a dozen incidents of racial discrimination within a two- and-a-half-year period did not constitute a continual pattern of conduct sufficient to warrant the imputation of constructive knowledge to high ranking officers of the Houston Fire Department for purposes of imposing § 1983 liability). Accordingly, the court concludes that plaintiffs have failed to satisfy the second element necessary for a finding of municipal liability and that the City is entitled to summary judgment on plaintiffs’ claim that the City maintained an unwritten policy of allowing GTF officers to conduct warrantless, unconstitutional searches of private residences. B. Failure to Provide Adequate Training and Supervision to the GTFs Plaintiffs allege that HPD provided inadequate training and supervision to its GTF officers, and that HPD’s inadequate GTF training and supervision caused the warrantless entry and search of the Navarro apartment that resulted in the shooting death of Pedro Oregon Navarro in violation of the Due Process Clause of the Fourteenth Amendment. Plaintiffs argue that the City’s GTF training and supervision was inadequate because: (1) the City failed to provide GTF officers specialized narcotics training and written standard operating procedures and (2) the City failed to provide GTF officers adequate supervision. The City argues that it is entitled to summary judgment on this issue because GTF training complies with and exceeds state-mandated training standards for Texas peace officers, which plaintiffs do not challenge as inadequate. Municipal liability for the failure to train or supervise police officers arises only when “the failure to train [or supervise] amounts to deliberate indifference to the rights of persons with whom the police come into contact.” City of Canton, Ohio v. Harris, 489 U.S. 378, 109 S.Ct. 1197, 1204, 103 L.Ed.2d 412 (1989). To succeed on their failure to train and supervise claim, plaintiffs must show that (1) the training or ... [supervising] procedures of the municipality’s policymaker were inadequate, (2) the municipality’s policymaker was deliberately indifferent in adopting the ... training [or supervising] policy, and (3) the inadequate ... training [or supervising] policy directly caused the plaintiffs’ injury. Conner v. Travis County, 209 F.3d 794, 796 (5th Cir.2000), quoting Baker v. Putnal, 75 F.3d 190, 200 (5th Cir.1996). Plaintiffs may show that the training or supervising procedures of the City’s policymaker were inadequate in two ways. First, plaintiffs can show that the City deliberately chose not to train or supervise its officers despite being on notice that its training and supervising regimen failed to prevent tortious conduct by its officers. See Gabriel v. City of Plano, 202 F.3d 741, 745 (5th Cir.2000), citing Bryan County, 117 S.Ct. at 1388. Second, under the “single incident exception,” a single violation of federal rights may be sufficient to prove deliberate indifference. Id. The single incident exception requires proof that officers are placed in “recurring situations that present an obvious potential for violation of constitutional rights and the need for additional or different police training [or supervision].” Id., citing Bryan County, 117 S.Ct. at 1390. See also City of Canton, 109 S.Ct. at 1205 n. 10 (notice may be implied where failure to train officers or employees is so likely to result in a violation of constitutional rights that the need for training is plainly obvious). To establish deliberate indifference on a failure to train claim, actual or constructive knowledge of the inadequacy of the training program must be attributable to the governing body of the municipality or to an official to whom that body had delegated policy-making authority. Cf. Webster, 735 F.2d at 841. See also Lan-guirand v. Hayden, 717 F.2d 220, 225 (5th Cir.1983), cert. denied, 467 U.S. 1215, 104 S.Ct. 2656, 81 L.Ed.2d 363 (1984)(isolated instances of police misconduct are inadequate to prove knowledge and acquiescence). 1. Failure to Provide Specialized Narcotics Training and Standard Operating Procedures Plaintiffs argue that the City failed to provide GTF officers specialized narcotics training and standard operating procedures defining the boundaries of their responsibilities. In support of this argument plaintiffs assert that the City had actual knowledge that GTF officers needed specialized narcotics training and standard operating procedures, that the City was aware of a pattern of misconduct that gave the City constructive notice that GTF officers needed specialized narcotics training and standard operating procedures, and that the City placed GTF officers in recurring situations that required specialized narcotics training and standard operating procedures. (a) Actual Knowledge A municipality’s actual knowledge of tortious misconduct by police officers may be shown by means such as discussions at council meetings or receipt of written information by city policymakers. Bennett, 728 F.2d at 768. Chief Bradford testified that the Chief of Police and his command staff of assistant chiefs serve as policymakers for HPD. As evidence that the City had actual knowledge of the inadequacy of its training program for GTF officers, plaintiffs cite Bradford’s deposition testimony, an interoffice memorandum written by HPD Lieutenant R.W. Robertson on January 13, 1995, the deposition testimony of Kimbra Ogg, Director of the Mayor’s Anti-Gang Office, and the affidavit testimony of their expert witnesses, Fyfe and Parker. Bradford testified that GTF officers did not receive written guidelines defining the scope of their responsibilities. Robertson’s memorandum, which was addressed to a sergeant, a lieutenant, and two captains, discussed a review to be undertaken by the patrol assistance chiefs and captains concerning GTF officers’ need for standard operating procedures. Ogg testified that she was concerned that GTF officers were not 'receiving adequate instruction on how to legally perform their job, and that she had discussed her concern with HPD command staff on at least two occasions in 1997 when she urged HPD to change its policy and provide additional training to GTF officers. Fyfe and Parker testified that “written guidelines and standard operating procedures are an important component of any training program because they educate officers about the boundaries of their authority.” The court is not persuaded that plaintiffs’ evidence establishes that City policymakers had actual knowledge that GTF officers’ training was inadequate. Plaintiffs’ evidence does not show that the City was on notice that its training regimen failed to prevent tortious misconduct by its GTF officers or that GTF officers are placed in recurring situations that present an obvious potential for violation of constitutional rights absent specialized narcotics training and standard operating procedures. See Gabriel, 202 F.3d at 745, citing Bryan County, 117 S.Ct. at 1388-1390; and City of Canton, 109 S.Ct. at 1205 n. 10. While Bradford testified that GTF officers did not receive written guidelines, he also testified that [t]he gang task force officers are primarily a uniform police force with a special assignment. We expect the officers to do what their basic training as a police officer would enable them to do. They do it in uniform services. They can enforce laws, including narcotics laws. We don’t want them engaging in investigations. The objective was to increase the uniform presence of police officers on the streets of Houston, because we are getting complaints about gang activity on the streets of Houston. It was — it was to curtail criminal street gang activity. An