Schoolcraft v. The City Of New York et al

Filing 243

MEMORANDUM OF LAW in Support. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit A)(Smith, Nathaniel)

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NYPD supervisor countersue s rvhistlcblou,cr I Nerv York Post J (t EXHIEIIT ) LU LU k F q ) J NVPD supervisor Gounter$ues whistlehlower By Ri:n CcitJc,i Morcfr lB, 2014 | B:50pm Photo Reuters A scandal-scarred NYPD supervisor on Tuesday countersued whistleblower cop Adrian Schoolcraft, alleging he drummed up bogus comprlaints about wrongdoing at a crime-ridden Brooklyn precinct that the official once commanded as "revenge" for a bad evaluation. Deputy Inspector Steven Mauriello filed his $2 nr,illion countersuit in Manhattan federal court, which also seeks to dismiss the $50 million suit that Schoolcraft socked the citv, him and others with in 2010. htlp: n) post. i ont201.r03/ l8/nr pd - supe rvisor'c ountersue s, whistl€ blower/ 1t7t20t4 t,{YPD supervisor countersues rvhistleblower I lrlerv York Post .ii ,# rf :.4 ',fi * ?i Deputy Inspector Steven Mauriello Photor David McGlynn Schoolcraft claims he was forced to spent time in a mental ward after claiming cops at the B 1st. Precinct were fudging crime stats. Mau.riello's counterclaim alleges Schoolcraft wanted his ex-commander deemed the " scapegoat" for " intentional downgrading of crirne." "As a result of the foregoing wrongful conduct plaintiff, Steven Mauriello has suffered damage to his career and reputation ... he has undeseruedll'suffered public humiliation and scorn, and has been caused to suffer extreme emotional distress," the countersuit alleges. b1' Schoolcraft could not immediately be reached for comment. LAWSUITS, NYPD Muslims booted from... YOU flIIGHT AISO TTKE Reconrmended by hLtp: nrpost.;om,20l-1r03/I8in1pd-supervisor-countersues-whistlcblorver/ New York Vllage Voicr: Filed 10115113 Page 1 of 4 g *r Blogs r{E*$vj NE'rv Y0RK rurvts I | I LOIAL NEws eloe i THE NYPD | rnnrs I sANKsY tN f I Nyc I nncHrvrs sIARCH I I wrrrl NEwstrrT[R I I crr l)earcn l r"lonrg *"a,o.Rilffi Nffi'$$fiffiHffi A V0ICE ltJEwS SLOO i ffiffi -,Ra,,a'Brooks ':J'. ., Steven Mauriello, I\ryPD Dep,uty Inspector and Adrian S choolcraft 's Antagonist, Takes Off the Kid Gloves EIY: ,J .' Categories Like Tweet 3 ,1 Deputy Inr;pector Steven I\{auriello, the main antago nist of whistleblower cop Adrian Schoolcraft, has broken a l<lng public silence, and is fighl,ing back against Schoolcralt's allegations in rr:cently fited court papers, the Village Voice has learned. Nlauriello l'pictured at far left with Mayor Bloomberg and Police Commissioner l(ellyl was Schoolcralt's commander in the 8rst Precinct in Broo.klyn. During the three years since Schoolcralt sued Mauriello, other police bosses and the city, Mauriello has remained lzrrgely quiet, expect to deny Schoolcraft's claims. Nor,v, in a motion for counterc,laims, his laLwyer Walter Kretz accuses Schoolcraft of mounting a manipulative "revenge cilmpaign" against Mauriello. (In the motion, Kretz cites a book by this reporter, titled "The NIIPD Tapes," a[rong other documents.) "lfhe cumulative documentary and recorded evidence,produced in discovery, some of which has only recently been delivered to us, and some of which has been revealed to us through the recent releaLse of the Rayrnan book, prrovides a portrait of the plaintiff as a disaffected police officer determined to do harm to those who essentially evaluated him fairly based upon his poor pr:rformanrer &nd properly treated him on the job as he deserved to be treated," Kretz writes. "Rather thzLn respond to their instruction, patience, encouragement and support, he deceiverl them and has subjected them, and especially Mauriello, to a re,ckless and malicious revenge carried out secretly for: an extended time." Nathaniel Simith, Schoolcraft's Iawyer, declined to conrment on the Kretz allegations. Kretz allcgr:s that Schoolcraft and his fathcr, larry, who had sued tlrr:cc policc ffiffi ByRa an' rooks clepartmeitts in the past, hatched a plan to destroy Mauriello's career "while laf ing a false foundatio n for claims p@Eggi4tefdedpggg$gaFRg/$: cDcj'C0#feg?tf€f1of an Fited Oct. 7 , 20i)g recording in which the Schoolcrafts discuss a plan to "fuck Mauriello over." "Plaintiffs intended to carry out the plan by making unfound and exaggerated accu.sations 8rst Precinct, vrhich plaintiff and his father hoped would mal<e Mauriello the'scapegoat'for the alleged ''wongdoing in the Brst Precinct and throughouLt the NYPD, and thus cause Mauriello to get fired." a.gainst tht: supervising officers of the i\,4ranri New Irnres lVhile an i.nternai I'l"YPD report substantiated Schoolcraft's claims of downgrading of crime reports, Kretz alleges that Schoolcraft himself had a hand in it. "[Schoolclaft] caused at least three incidents--two grzrnd larcenies and one burg)ary'--to be recorded instead as lost property and caused at least lhree other incidents not to be reported at all," he writes. "While he identified r3 incidents of improper crime reporting, he actualll' was responsible for six such inciclents." Piroenix New Tinres Schoolcra [t's plan, Kretz claims, was that the crime victints would rcturn to thc Jrrecinct and complain, thus setting up a paper trail to show thaLt crime reports were not properly handled. RU}IHIFI'$SAHES lSchoolcr aft's] goal was not to assist his fellow officers or the people of the 81st Prr:cinct," "It was to do harm to Mauriello while fatrricating support for claims he intended to bring." " X.retz r,rritt:s. report, prepared by the NYPD's Quality Assuran.ce Division, rnade no clainr that Schoolcralt had anything to do with downgrading of r,eports himself. T'he report wars completed in zoro, but buried by the NYPD, until thir; newspaper was able to obtain a copy through back channels. T hat Kretz also cites a remark taken from a tape Schoolcra.ft made of a conversation lvith his father, in vshich he says, Officers "just worked together so we wouldn't have to work with any niggers." Kretz: "While it is appalling enough that a NewYork City police officer would harbor such rilcist sentiments, especially when serving a predominantly African American communitSr, his decisio n to pretend otherwise to bolster his malicious scheme to harm Maurir:llo, is that much more despicable." In the past, larry Schoolcraft has said that his son wasn't making parrotting the sentiments of other officers. a Village Voice Like 38,915 people like Village Voice reWWmffiffi Facebook social plugin racist remark, but And we sh<luld note that those remarks were lifted from an Internal Affairs report that was pretty biased against Schoolcraft. One example of that is that those quotes were reproduce,l without the full conversation. Another is that the report clearly gave more irnportancr: to what Mauriello and other police bosses were saying, than it did Schocllcraft. Kretz goes on to outline Mauriello's likely defense to the lawsuit. Mauriello contends that he gave Sc.roolcraft a poor evaluation based on the advice of his subordinates. \Alhen Schoolcralt complained, Mauriello and the other bosses disagreed, saying he jusr[ wasn't doing his job. Ivlauriello r:laims he was not aware that Schoolcraft was seen by a department pisychologist, who ordered his guns and shield removed. Mauriello was not aware of why he and his r;taff were called to Internal Affairs after Schoolcraft was forced into the prsychiatricr ward at Jamaica Hospital on Oct. 31, 20ogr. He did not order Schoolcraft to be taLken to the psych ward. "r\s far as tr,{auriello knew, the events of October 31, 2 oo9, were triggered by plaintiffls unusual and ultimately bizarre behavior and were undertaken to make sure plaint:.ff was not about to cause harm to himself or anyone else," Kretz asserts. However, ts readers of this newspaper are aware, Schoolcraft's tape of that evening does not indicate he ever threatened himself or others that night. Kretz also rliscloses that one of the recordings he will use came from Schoolcraft s computer-.-the one in his apartment. The city has clairned that they did not seize his computer, so how that happened is yet another puzde in a case filled with them. '.lhe city has resistetl returning the items seized from Schoolcraft's apartment that night. "l n any evr'nt, we intend to show through the recording of the conversation betweenr ,,'' 'i i:','i:l 'ii.),',,\r ...1t .,,'j : i. prlaintiff and his father, as well as through other recordings, that plaintifl's complaints to fFSrcVd$b$SSdFtWS tu$O$Arng]|qh{grlar1d tu 0AD,and fo IAB, were create unf,tunded support for plaintiffs intended claims against the City fol retaliation," F.retz writt:s. gdselt Fited 10l1Sl1g Page 3 of 4 T'he centr;Ll legal lbundation for Mauriello's counterclaim is "tortious interferenr:e,'" which occurs whr:n a party intentionally damages another pa.rty's business relationships. The most lamous example of this lvpe of claim took place during the landmark litigiltion over Big T cbacco rZ years ago. Whistleblower Jeffrey Wigand had given an inter-view to "t5o Minutr:s," breaking his confidentiality agreement with tobacco company Brown and Vy'illiamson. CBS Broadcasting decided not to televise the full intervierv with Wigand, and blo ck out his features, atter Brown and Williamson threatened to file a multi-billion-dollar lawsuit against CBli for "tortious interferencc." The attorney general of Mississippi steppcd in and dcposed Wigand, and that move gave CBS the leE;al cover to run the full segment and identif.r the whistleblower in Februar 1996. In the period since Schoolcraft's story became public, Mauriello has lost his c<-rmmand. He was transferred to the Bronx Transit unit. He was charged departmentally with failing to take a polic,e report, among other things. And that case has been left more or less unresolved ever since. Brut we worder, does the city really want to conflate the treatment of Schoolcraft wilh that ol Wigand, who was not only vindicated, but went on t,c become a key witness in a serie.s of "trig tobacco" Iawsuits and change the whole dynamic in this country around smoking. Mayor Bloomberg, after all, banned smoking in most public places. A hearing on Kretz's motion will take place in federal court in Manhattan on Oct. r6. GET THE WEEKLY NEWSLETTER (SentouteveryThursday)Ourweeklyfeature stories, moMe reviews, calendarpicks and more m inus the newsprint and sent direcdyto your inbox - enter email *!,-, .,, ir,.;i ;,:: ..1 'e *;ti i,-,1| subnr:t lTe Eeconilmgnfi Very Rikers Guard Mother Sodomized Innrate r,,:,,::,)i,:: withFlashlight,Says Tlre Case o:'the Difficult Complaint Manhattan Topless Book Club on Brooklyn Woman's Anest. Police Officer Was "lgnorant of the Law." "Abusire" Tabloids React To NYPD Shooting Tvro Wornen Near Times Square By Wriling About "Gangbange,rs" and "Drug Thugs" .: , ,: , . :,;j .. Recontntende,d 1 comment f6 b1r Si$Yl$rc;i &ru&T{#rdt Sign in or Create Account 2 people listening Case 1 :10-cv-06005-FIWS Document 1B 1-1 Filed 10115113 Page 4 of 4 ' + lrr,llr.r,,ai ,or, ' "",nnr;,;-""... Itlewest I Cldest I Top Comments :. 1ilayi.;.ltii) , Mauriello is CLEARLY desperate. lf he thirrks that this will win him suppr:rt from the public, he's even more of an idiot than I thought. (Shame on his attorney for filirrg such a frivolous documerrt.) Li<e Rep:ly PowereC by Liveiyre Mauriello $choolcraft Ste sen Larr"y Trials Crime and Law Adrian Schoolcraft ABOUT US LOCAL MOBILE RS$ E-TSITICIT'J ADVERTISING ACCOUNT LOG IN JOIN M Y CONNECT FACEBOOK TWITTER NEWSLETTERS THINGS TO DO APP .ADVERTISING CONTACT US NATIONAL CLASSIFIED INFOGRAPHICS COM PANY PRIVACY POLICY TERMS OF USE SITE PROBLEMS? CAREERS $ITE MAF

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