Schoolcraft v. The City Of New York et al

Filing 137

DECLARATION of Suzanna Publicker in Support re: 135 MOTION to Quash Subpoena on Queens DA Richard Brown of Queens District Attorney Richard Brown.. Document filed by The City Of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Publicker, Suzanna)

EXHIBIT A

AO 88 (Rev.

'l

1

/91) Subpoena in a Civil Case

Mniteù å tates Digt tict @ourt

NEW YORK

DISTRICT OF

SOUTHERN

ADRIAN SCHOOLCRAFT,

SUBPOENA IN A CIVIL CASE

PLAINTIFF
-VS.

CASE NUMBER: 10-cv-6005 (RWS)

Southern District of New York

THE CITY OF NEW YORK, et al.,

DEFENDANTS.

TO:

District Attorney Richard A. Brown
Queens District AttorneY
125-01 Queens Blvd.
Kew Gardens, NY I l45l
71

8-286-6000

¡ you ARE 69MMANDED to appear in the United States District Court at the place, date, and time
below to

in the above case.

PLACE OF
DATE AND

of a
ARE COMMANDED to appear in the place, date, and time specified below to testify at the taking
in the above case
eo de
DATE

PLACE OF

Law Office

Ste.

Nathaniel B. Smith 111

1

New Y

NY 10006

March 18 201 at 10:00 AM

ARE C9MMANDED to produce and permit inspection and copying of the following documents or objects at the
'place, date, and time specified below:

ffvOU

All documents pertaining to the investigation of criminal behavior concerning the entry into anci removal of Adrian
Schoolcraft from his hóme on õctober 31, 20ó9, as reflected in the attached Statement by District Attorney Richard. A
Brown, dated December 4,2012.
DATE

March 15, 2013 at 10:00 AM
Office of Nathaniel B

E

111 B

1

New

1

06

yOU ARE çOMMANDED to permit inspection of the following premises the date and time specified below

PREMISES

Any organization not a Party to this suit that is subPoenaed for the taking of a deposition shall designate one or more
otficers, directors, or managi ng agents, or other persons who consent to testify on its behalf, and may set forth, for each
person designated, the matte rs on which the person willtestifY Federal Rules of Civil Procedure, 30(b)(6).
OFFICER'S SIGNATURE

IF

PLAINTIFF OR

Attorney for Plaintiff
224584

vl

DATE

2013

AND PHONE NUMBER
ISSUING OFFICER'S NAME. ADDRESS

[phone]

1305' New York' NY 10007
Nathaniel B. Smith, Esq., 111 Broadway' Suite
of

Rule

on reveße

Procedure,

in a Civil Case

AO 88 (Rev. 1 1/91)

PROOF OF SERVICE
DATE

SERVED
OF

BY

NAME)

DEC LARATION OF SERVER
r decrare under penarty

of America that the foregoing i nformation conof perjury under the raws of the united states

tainedìn the Proof oi Service is true and correct'
Executed on

SIGNATURE OF

DATE

OF

Parts C & D:
Rule 45, Federal Rules of Civil Procedure'
SUBPOENAS:
(c) PROTECTION OF PERSONS SUBJECT TO

(2XA) A Person commanded to
copying of designated books' papers'
speðt¡on of premises need not appear
oi inspection unless commanded to ap

specified conditions.
(d) DUTIES IN RESPONDING TO A SUBPOENA
s not a Party or an officer of a Party
the insPection and coPYing commanded.

was issued
(3XA) On a timely motion, the court by which a subpoena
snalf ùúâsn or modify the subpoena if it
(i) fails to allow reasonable time for compliance;
of a party to
(ii) requires p.iðãñ *t'o ¡s not a party or an officer
from the place where that person
travel to a place more than 1OO miles

t

224584 v1

(1)
shall produce
organize and I

a subpoena to produce documents
the usual course of business or shall
with the categories in the demand'
subPoena is withheld on

a

as lrial Preparation materials'
suPPorted bY a descriPtion of
or things nol Produced thal is
test lhe claim'

RrcH¡no A. BRowN
DISTRICf ATfI)RNl:Y

December 4,2012

STATEuENTBYDISTRICTATToRNEYRIGHARDÀBRoUìfN
During these Past
investigation into allegatio
of Police Officer Adri¡ln
subequent admission as a psychiatrk pa
During

staff, includin

lntemal Affa¡

numerous witnesses and obtained and anal

c¡aft of the Police entry
f the available ev¡dence
thatthere is no credible
rges in this matter.

rhe

inrtia

I

ar

tee ati

ons f ocuserr

* t'îrb,"." H#ilÎfl iirg.i,lf

'*,

ãl3oÍlf#J

SdroolcraftS residence and his remo¡al
psychiaÍic pauent to lðmaica Hospital' our
stÉtain the fillng of criminal charges against

in the incident.
medical
Prior to the incider,rt Schoolcnft had been placed on restricted-duty for
On OcL 31, 2009, te left his post at
reasons and his shield and guns had been removed.

numerousattemÉs by thenr at his doo¡: to d

premises'rrith a i<ey obtained ftom Schoolcraft's landlord'
1

Pri

of
FU

efi

ot
Once emergencY medical Pesonnel
Sdroolcøft was in need of medical asslsbn
mediøl personnel o the hoqdtal. Afrer lnitia
b an ambulance, Sdtoolcraft reh¡rned to hi
Whlle back in hls apartment, police r
emergency medical personnel to Jam
to Jamaica HosPital
New York CitY Police

ambulance and the

to the New York Mental Hyglene l¡w, ônd u
eguired by Artlcle
medical .r^; u,"v diá
credible evidence
"nts[ency
f¡Sìf U,i Penal Law of thsstate of
unlawfully detain
d med¡cðl st¡n
made the¡r-own independent
Jamalca Hospital
circumst¿nces determining that Sdtoolcraft's
admission was medically required'
hospital

not
New

¡.

to
or
as

c

personnel may gìve rlse b questions asto
qaft, and the rnedical decis'ton to admit him

I

does not suppoÑ the allegation made that
nel were dorre with criminal intent'
ENDNOTES:
-s".,

i.-2.

people

v.

Mitche¡,39 N.y. 2dL73 Brigham clty v stuaft, 547 U.S. 398.

See, People v Gallmon, 19 NY2d 389, 394'

l.See,e.g',UnitedSbatesvBarone,330F2d543,545,certdenlZ?U'S'1004;See'

ãi*, nãóiï

cåúper, 438 F2d 361, 384; People
2

v'

Mitchell' 39 NYzd 173'