Green v. City of Mount Vernon (96 F. Supp. 3d 263, 2015)

OPINION & ORDER

KENNETH M. KARAS, District Judge.

Plaintiffs Ivamae Green (“Green”), Fitzroy Barnes, Fatima Barnes, and Eus-tace Barnes (collectively, “Plaintiffs”) bring this Action under 42 U.S.C. § 1983 and New York State law, alleging that Defendants Sergeant Glenn Scott (“Scott”), ‘ Sergeant Chris Gallagher (“Gallagher”), Richard Fox (“Fox”), Michael Kushner (“Kushner”), Leonard Cooper (“Cooper”), Eugene Wilson (“Wilson”), Richard Azron (“Azron”), Jared Kmiotek (“Kmiotek”), Jane Doe a/ka Jean Jerome (“Jane Doe”) (collectively, the “Police Officer Defendants”), and the City of Mount Vernon (“Mount Vernon”) violated the U.S. Constitution and committed a number of state torts. Defendants move to dismiss all claims. For the following reasons, the Motion is granted in part and denied in part.

I. Background

A. Factual Background

The following facts are drawn from Plaintiffs’ Fourth Amended Complaint (“FAC”), and certain documents the Parties submitted that the Court considers, as explained below, and are taken as true for the purpose of resolving the instant Motion. This action arises out of a search of Plaintiffs’ home that occurred on June 3, 2009 at approximately 10:30 p.m. pursuant to a search warrant that relied in part on information from a confidential informant (“Cl”) and that identified two people allegedly involved in the sale of cocaine. (See Fourth Am. Compl. (“FAC”) ¶ 10 (Dkt. No. 47).) At the time of the search, Green was “home in her apartment with her three infant children.” (Id.) Scott, Fox, and Kushner, acting “with a purportedly] valid search warrant,” broke down the door to Plaintiffs’ apartment “without any prior warning,” entered the apartment with guns drawn, and “threatened bodily harm” to Plaintiffs if they did not comply with police demands. (Id.; see also id. ¶ 27 (alleging that Scott, Fox, and Kmiotek “intentionally placed [Plaintiffs] in fear of imminent harm or contact” when they drew their guns, pointed the guns at all three Plaintiffs, and threatened them with immediate harm (internal quotation marks omitted)).) Scott, Fox, and Kushner then “handcuffed and arrested” Green and separated her from her children. (Id. ¶ 10.) Plaintiffs allege that the Police Officer Defendants “intended to confine Plaintiffs,” that “Plaintiffs objected to and were conscious of the confinement at gun point,” and that the confinement “was not privileged” because the search warrant was invalid. (Id. ¶ 49.)

After Green was handcuffed, Cooper, Wilson, Azron, Kmiotek, Jane Doe, and McKennie entered the apartment. (Id. ¶ 10.) Plaintiffs allege that McKennie forced Green to strip off all of her clothing, and that Jane Doe and McKennie performed two vaginal searches of Plaintiff. (Id. ¶ 10.) Plaintiffs allege that Jane Doe and McKennie “completely ransacked Plaintiffs’] apartment[,] destroying much of [their] property[.]” (Id.) Furthermore, Plaintiffs allege that the Police Officer Defendants searched Green’s apartment, but did not find drugs or either of the two individuals described in the search warrant. (Id.)

Plaintiffs allege that “[d]uring the search,” Scott told Green that “they had entered the wrong apartment.” (Id. ¶ 11.) However, Plaintiffs allege that even after Scott stated that they were in the wrong place, the apartment search continued, as did “the imprisonment” of Plaintiffs and the “further destruction of’ Plaintiffs’ property. (Id.) Plaintiffs also allege that Mount Vernon and the Police Officer Defendants “negligently or intentionally caused personal injuries and traumatic emotional distress to all Plaintiffs.” (Id. ¶ 41.) In particular, Plaintiffs allege that they were “rendered sick, sore, lame, and disabled,” and have incurred medical expenses as a result of the Police Officer Defendants’ actions. (Id. ¶54.) Finally, Plaintiffs allege that Defendants did not “perform repairs” on Plaintiffs’ apartment. (Id. ¶ 18.)

Plaintiffs claim that there were defects with the search warrant and the affidavit submitted by Detective Fegan in support of the search warrant (the “Fegan Affidavit” or the “Affidavit”). First, Plaintiffs allege that Defendants’ search warrant was “defective on its face,” because it “described the premises to be searched as ‘15 South 5th Avenue, 1st floor apartment,’” and therefore “does not state with particularity what is meant by the ‘1st’ floor.” (Id. ¶ 14.) More specifically, the warrant states that it authorizes a search and seizure “FOR THE FOLLOWING RESIDENTIAL PREMISES: 15 SOUTH 15TH AVENUE, 1ST FLOOR APARTMENT WITH SIDE ENTRANCE ON NORTH SIDE OF HOUSE.” (Affn of Hina Sherwani (“Sherwani Affn”) Ex. B (First Floor Search Warrant) (“Search Warrant”), at unnumbered 1 (Dkt. No. 52).) Additionally, Plaintiffs allege that the “warrant describes, two ... individuals! — ]FNU LNU[ ] ‘Blue[,]’ a male black, and FNU LNU[ ] ‘Jan[,]’ a female black,” as residing in or being present in the apartment to be searched, but that “[n]either of these individuals resides [in] or was present in [the] apartment.” (FAC ¶ 14.) In addition to providing for the search and seizure of those two individuals, the warrant also states that it authorizes a search and seizure of “ANY INDIVIDUALS ON THE PREMISES AT THE TIME OF THE SEARCH WARRANT EXECUTION INCLUDING BUT NOT LIMITED TO THOSE EXERCISING CONTROL AND OR DOMINION OVER SAID PREMISES, ACTING IN THE ROLE OF A LESSEE, SUB-LESSEE AND/OR OWNER.” (Search Warrant at unnumbered 1.) The warrant further provides, “You are therefore commanded at any hour of the day or night, without first announcing your purpose or authority, to make a search of the above listed Premises and person(s) for cocaine as described in Penal Law Sections 220.00.” (Id. at unnumbered 2 (emphasis added).) Furthermore, the warrant lists the items to be seized. (Id.)

In addition to alleging that the warrant was defective on its face, Plaintiffs allege that after the warrant was issued, the Defendant Police Officers and Mount Vernon “as a matter of policy did no investigation to [e]nsure that, prior to [the] execution of [the] warrant, the facts [underlying the] warrant were reasonably correct, and that [the] persons named in the warrant actually resided there.” (FAC ¶ 21; see also id. ¶ 33 (alleging that the search warrant lacked probable cause because the Defendant Police Officers and Mount Vernon “did no investigation[,] as a matter of policy, to [e]nsure that the information they obtained from their informant was true, reliable, and credible.”).) Plaintiffs conclude that all of the above facts are “proof that the Affidavit submitted to the [c]ourt to obtain [the] search warrant was not credible, and the ‘informant’ who provided the information was unreliable.” (Id. ¶ 14.)

With regard to. the Fegan Affidavit, Plaintiffs submit that the affiant, Detective Fegan, who the Court notes is not named as a Defendant in the FAC, stated that “he received information from a registered and reliable confidential informant,” that the Mount Vernon Police “sent the informant” to 15 South 15th Ave. to “purchase drugs with marked money,” that the “police witnessed the transaction, obtained the drugs purchased from the informant, and field tested the drugs,” and found that they were cocaine. (Id. ¶ 25.) Plaintiffs allege that “[they] may presume that [the informant] has some problems [with] the law that cause[d] him to be an informant.” (Id.) Furthermore, Plaintiffs allege that because “[n]o arrest was made” following the controlled drug buy, “it must be concluded that the police surmised that there was not sufficient probable cause to make such an arrest,” and therefore there could not have been sufficient “probable cause to grant the search warrant.” (Id.) In addition to what Plaintiffs allege, the Affidavit also states that Detective Fegan received information from a “registered and reliable” Cl, that an

unknown male black in his 40’s-50’s who wears his hair in long dreadlocks and who identifies himself as “Blue” was selling powder cocaine from his apartment located on the first floor of 15 S 15th Ave, Cl further states that “Blue” lives with his'wife, an unknown female black in her 30’s-40’s who identifies herself as “Jan”, Cl states that “Jan” also sells powder cocaine when “Blue” is not around. Cl states that “Blue” and “Jan” conduct their drug transactions at all times of the day and night, including but not limited to the times between 2100-0600 Hrs. Cl further states that although “Blue” and “Jan” live in the first floor apartment of 15 S 15th Ave they frequently hang out in the 2nd floor apartment of 15 S 15th Ave, and do conduct drug transactions from the 2nd floor apartment. Cl also stated that he/she has purchased powder cocaine from “Blue” and “Jan” 3 times in the past two weeks and has observed “Blue” and “Jan” conduct drug transactions with unknown individuals approx. 7-10 in the past two weeks.

(Sherwani Affn Ex. D (Aff. for Search Warrant) (“Fegan Affidavit”), at unnumbered 2.) Furthermore, with respect to the controlled drug buy, Detective Fegan averred that he met with the Cl, that the Cl made a phone call to “Blue” to place an order for $50 of cocaine, that “Blue” advised the Cl he was not home but told him to call “Jan,” and that he placed an order with “Jan” for $50 of cocaine. (Id.) Detective Fegan also averred that he monitored those phone calls. (Id.) Furthermore, Detective Fegan averred that he searched the Cl and found him to be free of contraband, then gave the Cl $50. (Id.) The Cl was then dropped off “at a predetermined location and while under constant surveillance walked to 15 S 15th Ave,” and “at no time did” the Cl “stop or talk to anyone.” (Id. at unnumbered 2.)

Cl ... approached the front door, which leads to the second floor of 15 S 15th Ave. A female black later identified as “Jan” answered the door and then stepped out on the porch with the Cl. Both “Jan” and the Cl then walked down the stairs and into the side entrance of 15 S 15th Ave. Cl ... and “Jan” exited the first floor side entrance of IS S 15th Ave approx. 3 minutes later. “Jan” then returned upstairs and the Cl met the undersigned at a predetermined location, at no time while in route to that location did Cl ... who was under constant surveillance, stop or talk to anyone. At 1945 Hrs. Cl ... turned over to the undersigned one white plastic knotted twist containing an amount of cocaine. A field test was conducted and the results were positive for the presence of cocaine, both the white plastic twist containing cocaine and the field test kit were placed into evidence.

(Id.) Additionally, the

Cl stated to the undersigned that when she/he knocked on the front door of 15 S 15th Ave, 2nd floor apartment, the door was answered by “Jan” who stated she had no more cocaine with her on the 2nd floor but instructed Cl to follow her to the 1st floor. Cl and “Jan” both walked into the 1st floor side entrance of 15 S 15th Ave, Cl states that “Jan” had him/ her wait in the living room as she walked toward the back of the apartment, “Jan” returned moments later with the cocaine and gave it to the Cl in exchange for the Fifty (50) dollars in U.S. Currency.

(Id. at unnumbered 3.) Furthermore, the Fegan Affidavit stated that the Cl “has given information that has led to” arrests under N.Y. Penal Law § 220.16 in three cases — including five arrests in one case. (Id.)

Plaintiffs also make a number of allegations regarding customs and policies of Mount Vernon. Plaintiffs allege that the Police Officer Defendants “were engaged in what was the custom of the Mt. Vernon Police Department in search warrant cases ... to arrest and confíne individuals for prolonged periods on ‘open’ charges.” (FAC ¶ 16.) Additionally, Plaintiffs allege that “the[ ] Police Officers and the City of Mt. Vernon did no investigation^] as a matter of policy, to [e]nsure that the information they obtained from their informant was true, reliable, and credible[.]” (Id. ¶ 33.) Further, Plaintiffs allege that Defendants were acting “under a color of existing ordinances, regulations, customs and usage of the State of New York,” (id. ¶ 17), that the “acts by [the Defendant Police Officers] were done by executing a Government Policy and/or custom! ] inflicting the injuries and deprivation of constitutional rights to Plaintiffs,” (id. ¶ 19), and that “[s]aid actions [were] unconstitutional since they [were] a policy statement, ordinance and/or regulation, a decision officially adopted or promulgated by the City of Mt. Vernon as official policy, and [because] the [Defendant Police Officers] represented said policy when inflicting injury on Plaintiffs,” (id.). Plaintiffs also allege that Mount Vernon is “responsible for the supervision[,] ... management, control[,] and conduct of its police officers.” (Id. ¶ 24; see also id. ¶ 30 (“That said facts as previously stated, exhibit a custom of the Mt. Vernon Police Department in search warrant cases. These acts by the named Mt. Vernon Police Officers acting in their official capacities, performing their duties were committed under the color of existing ordinances, regulations, custom and usage of [t]he State of New York[ ] and the City of Mt. Vernonf,] subjecting Plaintiffs to the deprivation of the rights, privileges, and immunities secured to them by the U.S. Constitution.”); id. ¶47 (“These named Police Officers executed a government policy or custom, of the City of Mt. Vernon, whether made by its law makers or by these Police officers whose acts or edicts represent official policy, and inflicted the injury to Plaintiffs that the City of Mt. Vernon is responsible for under 42 U.S.C. § 1983.”); id. ¶ 53 (“There exists a direct causal link between the City of Mt. Vernon, its policies and customs, with the deprivation of Plaintiffs constitutional rights under § 1983. The municipal policy as previously stated was the force behind these constitutional violations. The facts previously stated as to the custom and policy of the City of Mt. Vernon in search warrant cases, demand an inference of said wrongful conduct by the City of Mt. Vernon.”).) Furthermore, Plaintiffs allege that the City of Mount Vernon is liable for inadequate supervision under New York law and § 1983 from the facts alleged above, as well as the fact that Scott “was supervising the other officers, directing the handcuffing and arrest[] of [Green], directing a vaginal search of [Green] by ... Jane Doe with ... Fox and ... Kush-ner threatening [Plaintiffs] with harm by pointing guns at them.” (Id. ¶ 37; see also id. ¶ 39 (“The City of Mt. Vernon is liable under § 1983 and under New York [l]aw for failing to properly supervise [the Police Officer Defendants] who were acting in their official capacities under the custom and usage of the City of Mt. Vernon.”).)

Finally, Plaintiffs allege that the Police Officer Defendants are not immune from suit because it was “apparent to each individual officer [that their actions] were inconsistent with acceptable police practice.” (Id. ¶ 42; see also id. ¶ 43 (same).)

B. Procedural Background

Plaintiffs originally filed suit in New York State Court, and Defendants removed to Federal Court based on the existence of a federal question on January 29, 2010. (See Dkt. No. 1.) Plaintiffs filed an Amended Complaint on December 23, 2010, (see Dkt. No. 11), which was dismissed without prejudice on September 23, 2011 by an Order that addressed various deficiencies with Plaintiffs’ pleadings, (see Dkt. No. 21). Plaintiffs then filed a Second Amended Complaint, (see Dkt. No. 23), which Defendants again moved to dismiss, (see Dkt. No. 27). Following oral argument, the Motion To Dismiss was denied without prejudice to allow Plaintiffs to further amend their Complaint consistent with the instructions provided by the Court at argument. (See Dkt. No. 33.) Plaintiffs filed a Third Amended Complaint in December 2012. (See Dkt. No. 34.) Finally, Plaintiffs filed the Fourth Amended Complaint on June 6, 2013. (See Dkt. No. 47.) Pursuant to a scheduling order entered by the Court, (see Dkt. No. 50), Defendants filed their Motion To Dismiss and accompanying papers on September 20, 2013, (see Dkt. Nos. 51-53), Plaintiffs filed their Opposition on October 4, 2013, (see Dkt. Nos. 54-56), and Defendants filed their Reply on October 25, 2013, (see Dkt. No. 57).

II. Discussion

A. Buies 8 and 10

Defendants first move to dismiss Plaintiffs’ claims on the ground that the FAC violates Federal Rules of Civil Procedure 8 and 10. As relevant here, Rule 8 provides that “[a] pleading that states a claim for relief must contain ... a short and plain statement of the claim showing that the pleader is entitled to relief,” Fed.R.Civ.P. 8(a)(2), and that “[e]ach allegation must be simple, concise, and direct,” id. at 8(d)(1). Rule 10 provides that “[a] party must state its claims ... in numbered paragraphs, each limited as far as practicable to a single set of circumstances.” Fed.R.Civ.P. 10(b). Nonetheless, Rule 8 also provides that “[n]o technical form is required” to comply with the rules, Fed.R.Civ.P. 8(d)(1), and that “[p]leadings must be construed so as to do justice,” id. at 8(e).

From these rules emerge two legal standards relevant to Defendants’ Motion. First, the latter part of Rule 8(a)(2) contains what the Supreme Court in Twombly called the “Rule 8 entitlement requirement,” which is that “the ‘plain statement’ possess enough heft to ‘sho[w] that the pleader is entitled to relief.’ ” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 557, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (alteration in original) (quoting Fed.R.Civ.P. 8(a)(2)). Second, the first part of Rule 8(a)(2) contains what may be termed the “short-and-plain-statement ' requirement,” which has been independently interpreted, perhaps along with the requirement in Rule 8(d)(1) that allegations be “simple, concise, and direct,” to protect interests separate from the entitlement requirement. See Salahuddin v. Cuomo, 861 F.2d 40, 42 (2d Cir.1988) (discussing the interests underlying the short-and-plain-statement requirement); cf. Wynder v. McMahon, 360 F.3d 73, 80 (2d Cir.2004) (noting the “critical distinction between the notice requirements of Rule 8(a) and the requirement, under Rule 12(b)(6), that a plaintiff state a claim upon which relief can be granted”). The first requirement asks, “how short is too short?” The second requirement asks, “how long is not short enough?”

In support of their Motion To Dismiss, Defendants quote Salahuddin v. Cuomo, wherein the Second Circuit identified the reasoning underlying the short-and-plain-statement requirement:

The statement should be plain because the principal function of pleadings under the Federal Rules is to give the adverse party fair notice of the claim asserted so as to enable him to answer and prepare for trial. The statement should be short because unnecessary prolixity in a pleading places an unjustified burden on the court and the party who must respond to it because they are forced to select the relevant material from a mass of verbiage.

861 F.2d at 42 (alteration, citations, and internal quotation marks omitted). {See Mem. of Law in Supp. of Defs.’ Mot. To Dismiss (“Defs.’ Mem.”) 4-5 (Dkt. No. 53).) Defendants argue that the FAC violates Rules 8 and 10 because “Defendants are unable to decipher what eause[s] of action” Plaintiffs are attempting to plead. {See id. at 7; see also id. at 13 (arguing that it is “entirely unclear what causes of action are being alleged”).)

“The fundamental command of the Federal Rules of Civil Procedure is never to exalt form over substance.” Amron v. Morgan Stanley Inv. Advisors Inc., 464 F.3d 338, 343 (2d Cir.2006) (internal quotation marks omitted). When enforcing technical requirements on litigants, courts are always mindful of the “jurisprudential preference for adjudication of cases on their merits rather than on the basis of formalities.” Salahuddin, 861 F.2d at 42; see also Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002) (“The liberal notice pleading of Rule 8(a) is the starting point of a simplified pleadings system, which was adopted to focus litigation on the merits of a claim.”); cf. Wynder, 360 F.3d at 80 (noting that “form matters in our system of adjudication,” but holding that the complaint “[was] not so lacking in form as to warrant dismissal” (internal quotation marks omitted)).

Instead of focusing on whether a complaint’s allegations are “short and plain” or “simple, concise, and direct,” the Court asks whether the complaint gives “fair notice” to the defendants. See Simmons v. Abruzzo, 49 F.3d 83, 86 (2d Cir.1995) (“The function of pleadings under the Federal Rules is to give fair notice of the claims asserted.” (internal quotation marks omitted)); see also Amron, 464 F.3d at 343 (“A complaint need only ‘give the defendant fair notice of what the plaintiffs claim is and the grounds upon which it rests.’ ” (quoting Swierkiewicz, 534 U.S. at 513, 122 S.Ct. 992)); Wynder, 360 F.3d at 79 (“The key to Rule 8(a)’s requirements is whether adequate notice is given.”). “Fair notice is that which will enable the adverse party to answer and prepare for trial, allow the application of res judicata, and identify the nature of the case so it may be assigned the proper form of trial.” Simmons, 49 F.3d at 86 (internal quotation marks omitted). Thus, courts will not dismiss a complaint that is arguably prolix or unintelligible unless the complaint’s form or substance prevents the defendant from forming a “fair understanding” of the plaintiffs allegations or otherwise prejudices the defendant in responding to the complaint. See Amron, 464 F.3d at 343 (“Dismissal is improper on technical pleading irregularities, which are excusable as long as they neither undermine the purpose of notice pleading nor prejudice the adverse party.” (internal quotation marks omitted)); see also Phillips v. Girdich, 408 F.3d 124, 130 (2d Cir.2005) (“Although [the plaintiffs] allegations were not neatly parsed and included a great deal of irrelevant detail, that is not unusual from a pro se litigant. As long as his mistakes do not prejudice his opponent, a plaintiff is entitled to trial on even a tenuous legal theory, supported by the thinnest of evidence.” (citation and italics omitted)); Kittay v. Kornstein, 230 F.3d 531, 542 (2d Cir.2000) (finding that a complaint satisfied Rule 8 where the “allegations [were] sufficiently clear to have provided [the defendant] with a fair understanding of what the plaintiff [was] complaining about and to have allowed [the defendant] to know whether there is a legal basis for recovery” (internal quotation marks omitted)).

Here, although Plaintiffs’ pleadings are sometimes hard to parse, the Court concludes that they give Defendants fair notice of the claims that Plaintiffs are trying to assert. Indeed, this is evident from the fact that Defendants also bring a Motion To Dismiss under Rule 12(b)(6) where they identify and respond to claims raised by Plaintiffs. In particular, the Court finds that Plaintiffs raise the following claims: a § 1983 claim for municipal liability against Mount Vernon, a Fourth Amendment claim for unreasonable search and seizure, an excessive force claim, an assault and battery claim, a trespass claim, a false imprisonment/false arrest claim, an intentional and/or negligent infliction of emotional distress claim, and a state law inadequate supervision claim. Therefore, Defendants’ Motion To Dismiss based on Rules 8 and 10 is denied.

B. Rule 12(b)(6)

1. Standard of Review

Next, Defendants move to dismiss Plaintiffs’ FAC under Rule 12(b)(6) of the Federal Rules of Civil Procedure. “While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiffs obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555, 127 S.Ct. 1955 (citations, alterations, and internal quotation marks omitted). Indeed, Rule 8 of the Federal Rules of Civil Procedure, which, as noted, requires that a prayer for relief contain “a short and plain statement of the claim showing that the pleader is entitled to relief[,]” Fed.R.Civ.P. 8(a)(2), “demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). “Nor does a complaint suffice if it tenders naked assertions devoid of further factual enhancement.” Id. (alterations and internal quotation marks omitted). Instead, a complaint’s “[f]actual allegations must be enough to raise a right to relief above the speculative level.... ” Twombly, 550 U.S. at 555, 127 S.Ct. 1955. Although “once a claim has been stated adequately, it may be supported by showing any set of facts consistent with the allegations in the complaint,” id. at 563, 127 S.Ct. 1955, and a plaintiff must allege “only enough facts to state a claim to relief that is plausible on its face,” id. at 570, 127 S.Ct. 1955, if a plaintiff has not “nudged [his or her] claim[ ] across the line from conceivable to plausible, the[] complaint must be dismissed,” id.; see also Iqbal, 556 U.S. at 679, 129 S.Ct. 1937 (“Determining whether a complaint states a plausible claim for relief will ... be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense. But where the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged — but it has not ‘show[n]’ — ‘that the pleader is entitled to relief.’ ” (citation omitted) (second alteration in original) (quoting Fed.R.Civ.P. 8(a)(2))); id. at 678-79, 129 S.Ct. 1937 (“Rule 8 marks a notable and generous departure from the hyper-technical, code-pleading regime of a prior era, but it does not unlock the doors of discovery for a plaintiff armed with nothing more than conclusions.”).

“[W]hen ruling on a defendant’s motion to dismiss, a judge must accept as true all of the factual allegations contained in the complaint.” Erickson v. Pardus, 551 U.S. 89, 93-94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007); see also Aegis Ins. Servs., Inc. v. 7 World Trade Co., L.P., 737 F.3d 166, 176 (2d Cir.2013) (“In reviewing a dismissal pursuant to Rule 12(b)(6), we ... accept all factual allegations in the complaint as true .... ” (alterations and internal quotation marks omitted)); Rothstein v. UBS AG, 708 F.3d 82, 94 (2d Cir.2013) (“In addressing the sufficiency of a complaint we accept as true all factual allegations and draw from them all reasonable inferences.”). Further, “[f]or the purpose of resolving [a] motion to dismiss, the Court ... draw[s] all reasonable inferences in favor of the plaintiff.” Daniel v. T & M Prot. Res., Inc., 992 F.Supp.2d 302, 304 n. 1 (S.D.N.Y.2014) (citing Koch v. Christie’s Int’l PLC, 699 F.3d 141, 145 (2d Cir.2012)). However, “the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions. Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Iqbal, 556 U.S. at 678, 129 S.Ct. 1937. Therefore, “a court considering a motion to dismiss can choose to begin by identifying pleadings that, because they are no more than conclusions, are not entitled to the assumption of truth.” Id. at 679, 129 S.Ct. 1937.

2. Materials Considered in Deciding this Motion

“In ruling on a 12(b)(6) motion, ... a court may consider the complaint[,] ... any written instrument attached to the complaint as an exhibit[,] or any statements or documents incorporated in it by reference,” as well as “matters of which judicial notice may be taken, and documents either in [the] plaintiff[’s] possession or of which [the] plaintiff! ] had knowledge and relied on in bringing suit.” Kalyanaram v. Am. Ass’n of Univ. Professors at the N.Y. Inst. of Tech., Inc., 742 F.3d 42, 44 n. 1 (2d Cir.2014) (brackets and internal quotation marks omitted). “To be incorporated by reference, the complaint must make a clear, definitef,] and substantial reference to the documents[,] and to be integral to a complaint, the plaintiff must have (1) actual notice of the extraneous information and (2) relied upon the documents in framing the complaint.” Bill Diodato Photography LLC v. Avon Products, Inc., No. 12-CV-847, 2012 WL 4335164, at *3 (S.D.N.Y. Sept. 21, 2012) (brackets and internal quotation marks omitted). When considering whether a plaintiff relies on the document in framing the complaint, it is sufficient if “the complaint relies heavily, albeit implicitly, upon [the document’s] terms and effect.” Capela v. J.G. Wentworth, LLC, No. 09-CV-882, 2009 WL 3128003, at *1 n. 2 (E.D.N.Y. Sept. 24, 2009); see also Baraliu v. Vinya Capital, L.P., No. 07-CV-4626, 2009 WL 959578, at *4 (S.D.N.Y. Mar. 31, 2009) (noting that a court may review “any documents that are integral to [the] plaintiffs allegations even if not explicitly incorporated by reference”).

Both Plaintiffs and Defendants have submitted documents in connection with their motion papers that are not attached to the FAC, some of which are relevant to the instant Motion, and some of which are not. The documents submitted by Plaintiffs that are at all relevant to deciding this Motion To Dismiss are (1) Green’s Affidavit, (Aff. in Opp’n to Defs.’ Mot. To Dismiss (“Green Aff.”) (Dkt. No. 54)); (2) Defendants’ Rule 26(a) disclosure, including the police report regarding the search of Plaintiffs’ home and the search warrant, (Pis.’ Affn in Opp’n to Mot. (“Ri-soli Affn”) Ex. B (Dkt. No 56)); and (3) the Fegan Affidavit, (id. at Ex. E). Defendants submitted the following documents: (1) the search warrant for 15 South 15th Avenue, 1st floor, (Sherwani Affn Ex. B); (2) the search warrant for 15 South 15th Avenue, 2nd floor, (id. at Ex. C); and (3) the Fegan Affidavit, (id. at Ex. D).

First, the Court may not consider factual allegations contained in Green’s Affidavit, as it is not attached to the FAC, despite the fact that the Court raised this issue with Plaintiffs more than two years ago, (see Risoli Affn Ex. D (Dec. 6, 2012 Conference Tr.), at 10 (The Court: “Ms. Green’s affidavit is neither here nor there because it’s outside the four corners of the complaint”)), because it is neither incorporated by reference into the FAC nor integral to the FAC.

Second, the Court may consider the warrant for Plaintiffs’ apartment and the Fegan Affidavit, as they are integral to the FAC. Plaintiffs had actual notice of both documents before drafting the FAC. Although, at one point in the FAC, Plaintiffs allege that the affidavit “has not been provided to Plaintiffs,” (FAC ¶ 21), later in the FAC Plaintiffs allege that they reviewed the Fegan Affidavit, and they quote from it in detail, (id. ¶ 25). Additionally, it is evident that Plaintiffs had actual notice of the warrant because they summarize and quote from it. (Id. ¶¶ 14-15.) In addition to it being apparent from the face of the FAC that Plaintiffs had notice of the warrant and the Fegan Affidavit, it is also clear from the record that Mount Vernon produced the warrant and affidavit to Plaintiffs, as the Court ordered Mount Vernon to turn over the Fegan Affidavit to Plaintiffs no later than May 24, 2013, (see Dkt. Nos. 37, 42), which was before the FAC was filed, and Mount Vernon filed the warrant on the docket on March 5, 2012, (see Dkt. No. 29).

Additionally, Plaintiffs relied upon the Fegan Affidavit and search warrant in framing the FAC. In particular, Plaintiffs’ claims for unreasonable search and seizure in violation of the Fourth Amendment, trespass, and false imprisonmeni/false arrest are explicitly based on their assertions that the warrant was invalid due to a lack of particularity and a lack of probable cause. For these reasons, and because Plaintiffs do not dispute the authenticity of these documents, the Court will consider the search warrant for Plaintiffs’ apartment and the Fegan Affidavit. See Brodeur v. City of New York, No. 99-CV-651, 2002 WL 424688, at *2 (S.D.N.Y. Mar. 18, 2002) (holding that it is appropriate to consider a search warrant application without converting a motion to dismiss to one for summary judgment); see also Cayo v. Sefcik, No. 14-CV-38, 2014 WL 3419578, at *5 n. 10 (D.Conn. July 11, 2014) (“The [e]ourt can consider the contents of the [ajrrest [w]arrant [application and its attachments because they are discussed extensively in the complaint.”); Vessa v. City of White Plains, No. 12-CV-6989, 2014 WL 1271230, at *4 n. 9 (S.D.N.Y. Mar. 27, 2014) (“The [cjourt may consider the [s]earch [w]arrant [ojrder, as it is clearly incorporated in the [a]mended [c]omplaint by reference. Indeed, the crux of [the] [plaintiff’s case is that [the] [defendants wrongfully obtained the warrant at issue using fabricated and unsubstantiated information.” (citations omitted)), aff'd, 588 Fed.Appx. 9 (2d Cir.2014); McPhearson v. Anderson, 874 F.Supp.2d 573, 579 n. 7 (E.D.Va.2012) (considering a warrant included in the defendant’s moving papers in deciding a motion to dismiss because the plaintiff did “not challenge[ ] the warrant’s authenticity, and he clearly relie[d] on it throughout his [cjomplaint” as it formed the basis of his allegations against one of the defendants); Badillo v. Stopko, No. 11-CV-4815, 2012 WL 1565303, at *5 (D.N.J. May 2, 2012) (“Here, while the [affidavit of [application for the arrest was not attached to the [c]omplaint, portions of it are quoted at length in it and [the] [p]laintiffs’ claims rely on it. Therefore, the [c]ourt finds it appropriate to consider the [affidavit.]”). However, the Court will not consider the search warrant for 15 South 15th Ave., 2nd floor, which was submitted by Defendants, because that document is not referenced in Plaintiffs’ FAC, nor is there any evidence that Plaintiffs had notice of the document or that they relied on that document in drafting the FAC.

Third, the Court will not consider Defendants’ Rule 26(a) disclosure, including the attached police report. This document is not even mentioned in the FAC, and therefore is not incorporated by reference. Furthermore, there is no indication that Plaintiffs had notice of this document or that they relied on its terms and effects when drafting the FAC.

Finally, the Court will not consider the new factual assertions Plaintiffs make in their opposition papers. See Fonte v. Bd. of Managers of Cont’l Towers Condo., 848 F.2d 24, 25 (2d Cir.1988) (“Factual allegations contained in legal briefs or memoranda are also treated as matters outside the pleading[s] for purposes of Rule 12(b).”); Tolliver v. Skinner, No. 12-CV-971, 2013 WL 658079, *11 (S.D.N.Y. Feb. 11, 2013) (same); McCray v. City of New York, No. 03-CV-9685, 2007 WL 4352748, at *30 n. 34 (S.D.N.Y. Dec. 11, 2007) (same); GCG Int’l, Inc. v. Eberhardt, No. 05-CV-2422, 2005 WL 2647942, at *4 (S.D.N.Y. Oct. 17, 2005) (same); Arnold v. Goetz, 245 F.Supp.2d 527, 539 (S.D.N.Y.2003) (same).

3. Qualified Immunity

Under certain circumstances, police officers are immune under federal or New York law for their actions. For claims brought under federal law, “[a] police officer is entitled to qualified immunity from liability for his discretionary actions if either (1) his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, or (2) it was objectively reasonable for him to believe that his actions were lawful at the time of the challenged act.” Cerrone v. Brown, 246 F.3d 194, 199 (2d Cir.2001) (citation and internal quotation marks omitted). Because qualified immunity “reflects an immunity from suit rather than a mere defense to liability ... it is appropriate to decide the issue of qualified immunity, when raised, at an early stage of the litigation, such as when deciding a pre-answer motion to dismiss.” Betts v. Shearman, No. 12-CV-3195, 2013 WL 311124, at *4 (S.D.N.Y. Jan. 24, 2013) (internal quotation marks omitted), aff'd, 751 F.3d 78 (2d Cir.2014). “[W]hen determining a motion to dismiss on qualified immunity grounds in advance of full merits discovery, the plaintiffs version of the facts is presumed to be true, and the question to be answered is whether the defendant officer, confronted with the facts as alleged by [the] plaintiff, could reasonably have believed that his actions did not violate some settled constitutional right.” 5 Borough Pawn, LLC v. City of New York, 640 F.Supp.2d 268, 285 (S.D.N.Y.2009).

Similarly, for claims brought under New York law, government officials are granted “qualified immunity ... except where the officials’ actions are undertaken in bad faith or without reasonable basis.” Jones v. Parmley, 465 F.3d 46, 63 (2d Cir.2006); see also 5 Borough Pawn, 640 F.Supp.2d at 286 (same). “ ‘To be entitled to qualified immunity, it must be established that it was objectively reasonable for the police officers involved to believe that their conduct was appropriate under the circumstances, or that officers of reasonable competence could disagree as to whether their conduct was proper.’ ” 5 Borough Pawn, 640 F.Supp.2d at 286 (quoting Allen v. City of New York, 03-CV-2829, 2007 WL 24796, at *24 (S.D.N.Y. Jan. 3, 2007)). “Thus, as is true of federal law, an officer’s entitlement to qualified immunity under New York law depends on the reasonableness of his actions. However, the reasonableness of an officer’s action is judged with references to state law and the state, not the federal, constitution.” Id.

I. Analysis

As noted above, the Court discerns the following claims in Plaintiffs’ FAC: an excessive force claim, an assault and battery claim, a trespass claim, a false imprisonment/false arrest claim, a negligent and/or intentional infliction of emotional distress claim, an inadequate supervision claim, a Fourth Amendment claim for unreasonable search and seizure, and a § 1983 claim for municipal liability against Mount Vernon.-

a. Unreasonable Search Claim

First, Plaintiffs bring a § 1983 claim for unreasonable search against the Police Officer Defendants. Plaintiffs’ pleadings raise four issues: whether the search of the apartment was reasonable, whether the no-knock entry was reasonable, whether the strip searches of Green were reasonable, and whether the destruction of Plaintiffs’ property during the search was reasonable.

With respect to the first issue of whether the search of the apartment was reasonable, the pleadings raise three issues: whether the warrant was invalid on its face, whether the warrant was unsupported by an adequate finding of probable cause to search the premises, and whether the search, even if it otherwise had been lawful, was rendered unlawful by the alleged statement by Scott that the Officers knew they were searching the wrong location.

To be valid under the Fourth Amendment, a search warrant must (1) be based on probable cause, (2) be supported by oath or affirmation, (3) describe with particularity the place to be searched, and-(4) describe with particularity the things to be seized. Groh v. Ramirez, 540 U.S. 551, 557, 124 S.Ct. 1284, 157 L.Ed.2d 1068 (2004). Here, Plaintiffs dispute that the warrant meets the first and third requirements. However, a “search is presumptively reasonable when executed pursuant to a warrant.” Vaher v. Town of Orangetown, 916 F.Supp.2d 404, 426 (S.D.N.Y.2013). Thus, a “police officer who relies in good faith on a warrant issued by a neutral and detached magistrate upon a finding of probable cause is presumptively shielded by qualified immunity.” Simms v. Village of Albion, 115 F.3d 1098, 1106 (2d Cir.1997).

With respect to the Fourth Amendment’s mandate that a warrant must “describe the place to be searched,” United States v. Galpin, 720 F.3d 436, 446 (2d Cir.2013), “[i]t is long-established that ‘[i]t is enough if the description is such that the officer with a search warrant can, with reasonable effort ascertain and identify the place intended,’ ” United States v. Voustianiouk, 685 F.3d 206, 211 (2d Cir.2012) (second alteration in original) (quoting Steele v. United States, 267 U.S. 498, 503, 45 S.Ct. 414, 69 L.Ed. 757 (1925)). “Particularity concerns arise when a warrant’s description of the place to be searched or the items to be seized ‘is so vague that is fails reasonably to alert executing officers to the limits’ of their search •and seizure authority.” United States v. Levy, No. 11-CR-62, 2013 WL 664712, at *5 (S.D.N.Y. Feb. 25, 2013) (quoting United States v. Clark, 638 F.3d 89, 94 (2d Cir.2011)). Additionally, with respect to qualified immunity, in some circumstances “ ‘a warrant may be so facially deficient&emdash; i.e., in failing to particularize the place to be searched or the things to be seized&emdash; that the executing officer cannot reasonably presume it to be valid.’ ” United States v. George, 975 F.2d 72, 77 (2d Cir.1992) (italics omitted) (quoting United States v. Leon, 468 U.S. 897, 923, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984)) (discussing qualified immunity in the context of the exclusionary rule).

Plaintiffs argue that the warrant was invalid because it merely identifies the premises to be searched as “ T5 South 5th Avenue, 1st floor apartment,’ ” and therefore “does not state with particularity what is meant by the ‘1st’ floor.” (FAC ¶ 14.) However, in addition to identifying the location to be searched as the 1st floor apartment, the warrant also specifies that it is the “1ST FLOOR APARTMENT WITH SIDE ENTRANCE ON NORTH SIDE OF HOUSE.” (Search Warrant at unnumbered 1.) Where, as in this case, the police “knew ... that the building was a multi-occupancy structure, the warrant must specify which unit is to be searched.” United States v. Wiggins, 298 F.R.D. 75, 79 (E.D.N.Y.2014). The warrant here does so. Plaintiffs do not plead any facts that could plausibly lead to the conclusion that an officer with the warrant could not “with reasonable effort ascertain and identify the place intended,” Voustianiouk, 685 F.3d at 211 (internal quotation marks omitted), for example that there were multiple units with a side entrance on the north side of the house, or that there was any reason why the phrase “first floor” would be ambiguous, for example, if the house were built on a hill. Furthermore, this warrant is certainly not so “facially deficient” in failing to particularize the place to be searched “that the executing officer cannot reasonably presume it to be valid.” George, 975 F.2d at 77 (internal quotation marks omitted). Thus, the claim for unreasonable search based on the face of the warrant is dismissed.

Next, “[p]robable cause for a search exists ‘where the known facts and circumstances are sufficient to warrant a [person] of reasonable prudence in the belief that contraband or evidence of a crime will be found.’” United States v. Feng Ling Liu, No. 12-CR-934, 2014 WL 101672, at *3 (S.D.N.Y. Jan. 10, 2014) (alteration in original) (quoting Ornelas v. United States, 517 U.S. 690, 696, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996)). “In determining what constitutes probable cause to support a search warrant when the warrant is based upon information obtained through the use of a confidential informant, courts assess the information by examining the ‘totality of the circumstances’ bearing upon its reliability.” United States v. Smith, 9 F.3d 1007, 1012 (2d Cir.1993) (citing Illinois v. Gates, 462 U.S. 213, 230-31, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983)). “[T]he issuance of a warrant by a neutral magistrate, which depends on a finding of probable cause, creates a presumption that it was objectively reasonable for the officers to believe that there was probable cause....” Golino v. City of New Haven, 950 F.2d 864, 870 (2d Cir.1991). “To rebut that presumption, a plaintiff must make a substantial preliminary showing that the affiant knowingly and intentionally, or with reckless disregard for the truth, made a false statement in his affidavit and that the allegedly false statement was necessary to the finding of probable cause.” Lynch ex rel. Lynch v. City of Mount Vernon, 567 F.Supp.2d 459, 466 (S.D.N.Y.2008) (internal quotation marks omitted); see also Rivera v. United States, 928 F.2d 592, 602 (2d Cir.1991) (“A plaintiff who argues that a warrant was issued on less than probable cause faces a heavy burden.”); Merriweather v. City of New York, 12-CV-5258, 2015 WL 57399, at *7 (S.D.N.Y. Jan. 5, 2015) (“Where a magistrate has determined that an affidavit presented to him provides probable cause for the issuance of a warrant, the person challenging the warrant must make a substantial preliminary showing that the affiant knowingly and intentionally, or with reckless disregard to the truth, made a false statement in his affidavit and that the allegedly false statement was necessary to the finding of probable cause.” (brackets and internal quotation marks omitted)).

Here, Plaintiffs do not allege that Detective Fegan made any false statements or misled the city judge who issued the warrant. Rather, they merely argue that what was presented to the judge was insufficient to constitute probable cause. According to Plaintiffs, Fegan only averred in his Affidavit that he “received information from a registered and reliable confidential informant,” that the Mount Vernon Police “sent the informant to 15 S. 15th Ave. to purchase drugs with marked money,” that the “police witnessed the transaction, obtained the drugs purchased [by] the informant, and field tested the drugs [and found] [them] to be cocaine.” (FAC ¶ 25.) However, the Fegan Affidavit also gave a detailed description of the controlled buy, averred that the Cl stated that “Blue” and “Jan” live in the first floor apartment, but also “frequently hang out” in the second floor apartment, that during the controlled buy, the Cl approached the front door, which leads to the second floor, that “Jan” opened the door, and that “Jan” and the Cl walked to the side entrance of the house. (Fegan Affidavit at unnumbered 2-3.) Furthermore, the

Cl stated to the undersigned that when she/he knocked on the front door of 15 S. 15th Ave., 2nd floor apartment, the door was answered by “Jan” who stated she had no more cocaine with her on the 2nd floor but instructed Cl to follow her to the 1st floor. Cl and “Jan” both walked into the 1st floor side entrance of 15 S. 15th Ave., Cl states that “Jan” had him/her wait in the living room as she walked toward the back of the apartment, “Jan” returned moments later with the cocaine and gave it to the Cl in exchange for the Fifty (50) dollars in U.S. Currency.

(Id. at unnumbered 3.) Finally, the Fegan Affidavit stated that the Cl “has given information that has led to” arrests under N.Y. Penal Law § 220.16 in three cases— including five arrests in one ease. (Id.)

Plaintiffs allege that there was no probable cause to search for several reasons. First, the warrant identified two people residing in or being present in the apartment, but neither person in fact resided in or was present in the apartment. (FAC ¶ 14.) Second, because the police did not make an arrest following the controlled drug buy, there must not have been probable cause for an arrest, and therefore there cannot be probable cause for a search. (Id. ¶25.) Third, the informant who provided the information was not credible. (Id. ¶ 14.) Finally, police officers did not investigate to ensure that the information provided by the informant was accurate. (Id. ¶ 20.)

First, that the two people identified in the warrant allegedly turned out not to be present at the time the search was executed does not undermine a finding of probable cause, as the “Supreme Court has held that the validity of a warrant is not impaired if it is based on seemingly reliable information which is later found to be erroneous.” Lewis v. City of Mount Vernon, 984 F.Supp. 748, 756 (S.D.N.Y.1997) (citing Illinois v. Rodriguez, 497 U.S. 177, 184, 110 S.Ct. 2793, 111 L.Ed.2d 148 (1990)). Second, the lack of an arrest following the controlled drug buy simply does not warrant a conclusion that there was not probable cause to arrest or search. That Defendants may have wanted to further investigate the case, instead of arresting the two suspects, hardly suggests the absence of probable cause to arrest or to search the premises believed to contain additional evidence of criminal conduct. Finally, with respect to the allegations that the informant was not credible and police officers did not investigate to ensure that the information provided by the informant was accurate, Plaintiffs do not meet their burden of alleging facts that the affiant knowingly, intentionally, or recklessly, made a false statement that was necessary to the finding of probable cause. Plaintiffs’ assertion that the informant was not credible is conclusory, and there is no plausible claim that the informant was unreliable or, more importantly, that the affi-ant and/or the officers who executed the warrant had reason to doubt the informant’s credibility. Furthermore, police officers are entitled to rely in good faith on information from informants. For example, in Bancroft v. City of Mount Vernon, 672 F.Supp.2d 391 (S.D.N.Y.2009), the plaintiffs “challenge[d] the search warrant on the ground that the information allegedly giving rise to probable cause was obtained from a single confidential informant, who claimed to have been to the premises a grand total of three times.” Id. at 401. The court in that case held that that was “of no moment,” reasoning that the police officers determined that the Cl was credible, as “his information had led to the recovery of contraband in the past,” and that was “sufficient to allow the magistrate to conclude that the informant is generally credible.” Id. Furthermore, the court held that “[rjeliance on information from a single confidential informant whom the police and the magistrate deem credible is enough to support a finding of probable cause.” Id. Here, as in Bancroft, there is “no allegation, let alone evidence” that Detective Fegan knew that the Cl was lying or acted with reckless disregard to whether the Cl was lying. Id. Furthermore, even if the Fegan Affidavit merely relied on information from the Cl, “there is no constitutional requirement that” “the police ... conduct any independent investigation,” and “the warrant is not infirm if the police choose to rely on an informant in lieu of an investigation.” Id.; see also McKim v. County of Rensselaer, No. 09-CV-650, 2011 WL 2580327, at *10 (N.D.N.Y. June 28, 2011) (“[T]o the extent that plaintiffs are seeking to invalidate the warrant on the basis of defendants’ decision not to engage in further investigation [and to instead rely on a Cl], that attempt is unavailing.”); Lynch, 567 F.Supp.2d at 466 (“[The][p]laintiffs have cited no authority for the proposition that [the] defendants were constitutionally required to seek additional corroboration, or that reliance on information provided by a single confidential informant whom the police and issuing magistrate deem credible is not enough to create probable cause.”). Moreover, here, Detective Fegan did do an investigation — he oversaw a controlled buy at Plaintiffs’ apartment. In sum, the Fe-gan Affidavit supports a finding of probable cause. In any event, Plaintiffs allege no facts indicating that Detective Fegan knowingly and intentionally or recklessly made a false statement in his affidavit that was necessary to the finding of probable cause, and therefore the Police Officer Defendants are entitled to qualified immunity on this claim, even if there was not probable cause. See Rivera, 928 F.2d at 602; Merriweather, 2015 WL 57399, at *7 (“Where a magistrate has determined that an affidavit presented to him provides probable cause for the issuance of a warrant, the person challenging the warrant must make a substantial preliminary showing that the affiant knowingly and intentionally, or with reckless disregard to the truth, made a false statement in his affidavit and that the allegedly false statement was necessary to the finding of probable cause.” (brackets and internal quotation marks omitted)); Lynch, 567 F.Supp.2d at 466 (same).

The Court finds that the Defendant Police Officers were immune from suit when acting pursuant to the search warrant; however, that does not end the inquiry. Plaintiffs allege that at some point during the search, Scott admitted that the Officers were in the wrong location, but that the search continued. (FAC ¶ 11.) Taking that allegation as true, at the point that Scott allegedly knew they were in the wrong apartment, the search was no longer constitutional, and the Officers’ actions were no longer shielded by immunity. The Court holds that “the officers were obligated to retreat as soon as they knew or reasonably should have known that there was a mistake, i.e., they were in the wrong residence.” Pray v. City of Sandusky, 49 F.3d 1154, 1159 (6th Cir.1995); see also Maryland v. Garrison, 480 U.S. 79, 87, 107 S.Ct. 1013, 94 L.Ed.2d 72 (1987) (“[The police officers] were required to discontinue the search of [the] respondent’s apartment as soon as they discovered that there were two separate units on the third floor and therefore were put on notice of the risk that they might be in a unit erroneously included within the terms of the warrant.”); Simmons v. City of Paris, 378 F.3d 476, 479-80 (5th Cir.2004) (noting that there is a “clearly established constitutional rule that, when law enforcement officers are executing a search warrant and discover that they have entered the wrong residence, they should immediately terminate their search”); Closure v. Onondaga County, No. 06-CV-926, 2007 WL 446595, at *7 (N.D.N.Y. Feb. 7, 2007) (“[I]t is clear that the qualified immunity defense cannot be sustained as a matter of law in the presence of evidence that police officers continued to search a residence after realizing they were in the wrong home.... ”); cf. Lewis, 984 F.Supp. at 756 (holding that the “officers’ belief that the continuance of the search would not violate the Fourth Amendment rights of the occupants of the premises was not objectively unreasonable” where “there [was] no evidence that the officers unreasonably continued to search after they knew they were in the wrong apartment,” and instead they “vacated the premises shortly after the conclusion of the search and they did not unreasonably prolong the search after they determined that they had entered the wrong apartment”). For the, above reasons, the Court holds that Plaintiffs plausibly plead a claim for unreasonable search and seizure for the search that occurred after the Police Officer Defendants allegedly realized that they were searching the wrong location.

Second, Plaintiffs allege that the search, even incident to the warrant, was unreasonable because their property was destroyed during the course of the search. In particular, Plaintiffs allege that the Officers “completely ransacked” the apartment, “destroying much of [their] property,” and that the Officers left “without performing any repairs.” (FAC ¶ 10; see also id. ¶ 15 (alleging that the Defendant Police Officers “ransack[ed] [Plaintiffs’] apartment with guns drawn”).) “Excessive or unnecessary destruction of property in the course of a search may violate the Fourth Amendment....” United States v. Ramirez, 523 U.S. 65, 71, 118 S.Ct. 992, 140 L.Ed.2d 191 (1998). “However, it is well recognized that officers executing search warrants on occasion must damage, property in order to perform their duty,” and “before any due process liability can be imposed for property dam age occurring in a lawful search, it must be established that the police acted unreasonably or maliciously in bringing about the damage.” Smith v. City of New York, No. 04-CV-3286, 2010 WL 3397683, at *13 (S.D.N.Y. Aug. 27, 2010) (brackets and internal quotation marks omitted), aff'd sub nom. Smith v. Tobon, 529 Fed.Appx. 36 (2d Cir.2013). Moreover, there must be allegations that “more than ordinary disarray and damage incident to the execution of the warrant occurred.” Bender v. Alvarez, No. 06-CV-3378, 2009 WL 112716, at *7 (E.D.N.Y. Jan. 16, 2009) (internal quotation marks omitted). Here, Plaintiffs allege that Defendants “destroy[ed] much of [their] property,” (FAC ¶ 10), which plausibly states a claim that “the officers damaged [Plaintiffs’ property to an extent beyond what was necessary to effectuate a complete search of the [residence, pursuant to the terms of the [w]arrant,” Lynch, 567 F.Supp.2d at 467 n. 5. Therefore, Plaintiffs plausibly plead a claim that the search was unreasonable on this ground.

Third,'Plaintiffs allege that the no-knock entry into the apartment was unreasonable. Here, Plaintiffs allege that Scott, Fox, and Kushner “broke down the door to Plaintiff[s’] apartment without any prior warning.” (FAC ¶ 10.) “[T]he Fourth Amendment ... ordinarily requires that police officers knock on the door and announce their identity and purpose before attempting forcible entry.” United States v. Brown, No. 99-CR-621, 1999 WL 813419, at *2 (S.D.N.Y. Oct. 12, 1999). “In order to justify a ‘no-knock’ entry, the police must have a reasonable suspicion that knocking and announcing their presence, under the particular circumstances, would be dangerous or futile, or that it would inhibit the effective investigation of the crime by, for example, allowing the destruction of evidence.” Richards v. Wisconsin, 520 U.S. 385, 394, 117 S.Ct. 1416, 137 L.Ed.2d 616 (1997); see also United States v. Ramirez, 523 U.S. 65, 67-68, 118 S.Ct. 992, 140 L.Ed.2d 191. (1998) (noting that the standard is the same even when the no-knock entry results in the destruction of property). That law enforcement officials are investigating narcotics-related conduct does not categorically condone a no-knock entry. See Richards, 520 U.S. at 394, 117 S.Ct. 1416 (holding that “the fact that felony drug investigations may frequently present circumstances warranting a no-knock entry” does not mean that such entries are categorically allowed).

“[T]he issuance of a warrant with a no-knock provision potentially insulates the police against a subsequent finding that exigent circumstances ... did not exist.” United States v. Tisdale, 195 F.3d 70, 72 (2d Cir.1999). Here, the warrant explicitly provides: ‘You are therefore commanded at any hour of the day or night, without first announcing your purpose or authority, to make a search of the above listed Premises and person(s) for cocaine as described in Penal Law Sections 220.00.” (Search Warrant at unnumbered 2.) “Because the affidavit contained indicia pointing to the existence of particularized exigent circumstances, the officers’ reliance on it was, at the least, not entirely unreasonable.” Tisdale, 195 F.3d at 73 (internal quotation marks omitted); see also Rodriguez v. Butler, 536 F.2d 982, 987 (2d Cir.1976) (“Arguably the presence of easily disposable contraband without more constitutes a sufficient exigency to justify no-knock entry.”). This is true even if it is later determined that the issuing judicial officer should not have issued the no-knock warrant. See Bancroft, 672 F.Supp.2d at 403 n. 5 (“Because a neutral magistrate issued a warrant authorizing a no-knock search of [the apartment], it was objectively reasonable for the officers who executed that warrant to do so — even if the magistrate ought not to have issued the warrant in the first place. It certainly cannot be said that no reasonable police officer would have thought the warrant valid and proceeded to execute it on that assumption.”); United States v. Simmons, No. 02-CR-314, 2003 WL 145261, at *10 (E.D.N.Y. Jan. 9, 2003) (“Whether or not [the judge] should have authorized the no-knock