Schoolcraft v. The City Of New York et al

Filing 291

MEMORANDUM OF LAW in Support re: 290 MOTION to Amend/Correct . . Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Proposed Third Amended Complaint, # 2 Exhibit Second Amended Complaint, # 3 Exhibit Tracked Changes of Third Amended Complaint, # 4 Exhibit City Defendants Letter, # 5 Exhibit Plaintiff's Exhibit 171, # 6 Exhibit Plaintiff's Exhibit 70, # 7 Exhibit Bernier Transcript, # 8 Exhibit Isakov Transcript, # 9 Exhibit Dhar Transcript)(Smith, Nathaniel)

EXHIBITS

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
ADRIAN SCHOOLCRAFT,
-against-

Plaintiff,
Index No.
10CIV-6005 (RWS)

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THE CITY OF NEW YORK, DEPUTY CHIEF
MICHAEL MARINO, Tax Id. 873220,
Individually and in his Official
Capacity, ASSISTANT CHIEF PATROL
BOROUGH BROOKLYN NORTH GERALD NELSON,
Tax Id. 912370, Individually and in his
Official Capacity, DEPUTY INSPECTOR
STEVEN MAURIELLO, Tax Id. 895117,
Individually and in his Official
Capacity, CAPTAIN THEODORE LAUTERBORN,
Tax Id. 897840, Individually and in his
Official Capacity, LIEUTENANT JOSEPH
GOFF, Tax Id. 894025, Individually and
in his Official Capacity, stg. Frederick
Sawyer, Shield No. 2576, Individually
and in his Official Capacity, SERGEANT
KURT DUNCAN, Shield No. 2483,
Individually and in his Official
Capacity, LIEUTENANT TIMOTHY CAUGHEY,
Tax Id. 885374, Individually and in his
Official Capacity, SERGEANT SHANTEL
JAMES, Shield No. 3004, and P.O.'s "JOHN
DOE" 1-50, Individually and in their
Official Capacity (the name John Doe
being fictitious, as the true names are
presently unknown) (collectively referred
to as "NYPD defendants"), JAMAICA
HOSPITAL MEDICAL CENTER, DR. ISAK ISAKOV,
Individually and in his Official
Capacity, DR. LILIAN ALDANA-BERNIER,
Individually and in her Official Capacity
and JAMAICA HOSPITAL MEDICAL CENTER
EMPLOYEES "JOHN DOE" # 1-50, Individually

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(Continued)

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and in

their Official Capacity

John Doe being fictitious,
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as

(the name
the true

names are presently unknown),

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Defendants.
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-x
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111 Broadway
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New York,

New York

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February 12,

2014

10:21 a.m.
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VIDEOTAPED DEPOSITION of DR.
one of the Defendants

ISAK

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ISAKOV,

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above-entitled action,

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time and place,

taken before Margaret

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Scully-Ayers,

Shorthand Reporter and

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Notary Public of the State of New York,

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pursuant to the Federal Rules

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Procedure.

a

in the

held at the above

of Civil

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*

*

*

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r
I

I

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is what

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I

ISAKOV

thought you said the f i r s t

time.

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A.

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Again,

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i t should be.

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understanding what I

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person under

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10

That's my understanding.
I

may say no language of law how

Q.
Doctor,

this

as

a

physician,

do when

I

admit

condition.

That's all

I

can ask you

to do,

thank you.
If

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12

I t ' s my,

I'm wrong you

tell me.

I

want to understand.

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If a

patient has

a

mental

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illness and is

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observation under

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understanding you can admit him to

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hospital,

in need of care

the

statute,

and
i t ' s your
the

correct?

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A.

Yes.

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Q.

Against his will,

correct?

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A.

Against his will,

yes,

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don't understand the necessity of

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admission and

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i f he

attention and observation.

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Q.

I

feel

If he needs

i t need immediate

immediate attention

and observation because of a

212-267-6868

mental

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I.

ISAKOV

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illness,

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can admit him against his will,

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A.

you believe under the statue you
correct?

Yes.

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MR.

DEVINE:

Just those

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MR.

SUCKLE:

Yes.

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8
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A.

There is a

factors?

potential danger if

he would not be admitted and sent home.

Q.

You're adding to what I
to be also a

said,

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there has

potential danger?

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A.

Right.

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Q.

And that potential danger is

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what you use as your standard for

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or not you can admit somebody who has a

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mental

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care,

illness

whether

in need of observation and

correct?

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A.

Yes.

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Q.

And that potential danger,

you

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decide whether or not from your

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evaluation whether or not that person has

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had a

potential danger,

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A.

Yes.

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Q.

You were

yes?

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not a

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reading the words

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lawyer

talking about you are

so you are not --

when

I

was

"substantial risk,"

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ISAKOV

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that's

lawyer language;

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language you would use,

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MR.

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A.

not the

correct?

RADOMISLI:

Objection to

form.

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that's

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Q.
danger,

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That's more

than potential

correct?

A.

Let me put you

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example,

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want

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straightforward risk

if a

to kill myself.

Q.

That is

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A.

I

a

say,

for

yes,

It's

I

I t will be
to harm himself.
substantial risk?

don't know i f you call

substantial.

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this way;

person will

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risk of physical

harm to himself.

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Substantial

a

definite

it

risk.

If the person conducts himself

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in the way

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potentially be harmful,

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indirectly.

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going to kill

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but how he

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himself at risk

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situation in

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he was not under observation in safe

212-267-6868

that you feel

He is

this

can

then i t can be

not saying,

somebody or I

yes,

I'm

kill myself

conduct himself putting
that he may under

this

emotional

this

condition i f

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ISAKOV

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environment,

he may do

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be harmful.

And to protect him,

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can admit him against his will

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doesn't want to do
So

something that may
yes,

you

i f he

i t voluntary.

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Q.

i f somebody may harm

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themselves

and have this mental

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that needs

to be observed and treated,

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you can admit them?

illness

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A.

Yes.

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Q.

When you say they may harm

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themselves,

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the words

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11

you are not

substantial risk,

MR.

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Q.

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the words.

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comfortable using

RADOMISLI:

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correct?

Objection.

said --

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A.

You are not comfortable with
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What

asked you about i t .

I

You

comfortable with and i t

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probably will pertain to

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even i f he

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myself or

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demonstrated this potential danger.

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Q.

did not say that
somebody,

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i t says

I

case

that

will

kill

conduct

And this potential danger

that he may
A.

this

is

--

That can be

--

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ISAKOV

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Q.

may harm himself?

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A.

May,

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Q.

May?

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A.

Correct.

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Q.

And that may,

yes.

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harm himself,"

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"may

potentially might harm himself?
A.

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I

is

when you say

that different than

don't know how to

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them.

Potential

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risk,

medium risk;

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what level

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I

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separate

patient.

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i t ' s high risk,

low

but i t doesn't matter

the risk.

If there

is a

risk,

think i t ' s my duty to protect the

Q.

So i t doesn't matter what level

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of risk

so long as you perceive a

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risk,

you are got going to admit him?

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A.

Yes,

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Q.

And that's how you teach the

right.

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residents at Jamaica Hospital

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teach them?

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A.

I

don't teach

Q.

when you

teach psychopharmacology.

I

the law.

That's your understanding of

the standard?

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ISAKOV

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A.

My understanding,

yes.

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Q.

And have you told us your

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understanding of

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admitting a

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Mental

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A.

Right.

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Q.

And you believe that that

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the standard for

patient under

9.39 of the

Hygiene Law?

standard comports with good and accepted
medical practice,

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A.

Yes.

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Q.

I

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want to go

correct?

have

a

through

few more of these
just because I

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One more,

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can.

and do you know what that is?

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A.

Physical

this

I

is Exhibit 75,

conduct.

It's a

part

of the rule of the unit.

Q.

Those are rules and regulations

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of Jamaica Hospital as

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2009?

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A.

Probably.

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Q.

It talks

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no sexual

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they existed in

correct?

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A.

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about there should be

contact between patients,

Yes.
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