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)

EXHIBIT 9

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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ADRIAN SCHOOLCRAFT,

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Plaintiff,

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Case No:
-

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against -

cv

06005

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THE CITY OF NEW YORK,

ET AL.,

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10
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Defendants.
-------------------------------------------X

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220 East 42nd Street
New York,

New York

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July 7,
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2014

10:06 a.m.

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DEPOSITION OF VINOD DHAR,

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Notice,

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time,

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within and for

M.D.,

pursuant to

taken at the above place,

before DENISE

ZIVKU,

a

date and

Notary Public

the State of New York.

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212-267-6868

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VINOD DHAR,

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M.D.

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Q.

Pursuant to the policy?

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A.

Substantial risk is

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to prevent

the potential risk.

Q.

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My question is if you have a

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risk,

but i t ' s only a

potential risk,

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that sufficient to qualify as a

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risk under the policy?

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A.

Under the policy,

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Q.

So any risk is a

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is

substantial

yes.
substantial

risk under the policy?
A.

Under the policy for

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Q.

Why is

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A.

Safety.

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Q.

The safety of whom?

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A.

The person.

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Q.

What does the term substantial

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risk mean to you,

A.

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It's a

9.39,

yes.

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that?

Doctor?
very undefined term that

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is used by different agencies by different

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professionals.

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nursing home,

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There's a
there is a

patient in the
patient coming from

patient living in the home by himself,

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is

-- has no food,

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neighbors complain that he's smelling.

212-267-6868

has no heat,

he

and i f the

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So

516-608-2400

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VINOD DHAR,

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M.D.

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somebody will go there and make an

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assessment and if what they find there is

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potentially a

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remove

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emergency room.

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as well as,

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situation,

they will

the patient and bring to the

Q.

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dangerous

So there is a

substantial,

potential.
Isn't there a

difference in your

mind between any risk and substantial risk?

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MR.

RADOMISLI:

I'm going to

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object to the extent you're asking for

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his mind.

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it's a

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If you want to ask whether

policy
MR.

SMITH:

Okay.

Fine.

I

will

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ask what the policy is and see i f he

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thinks

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because we are mincing words here.

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Q.

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policy,

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potential or any potential risk of

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dangerousness and a

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dangerousness?

A.

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I

there's any distinction either

Under the Jamaica Hospital
is there any difference between a

Again,

substantial risk of

it's a

clinical

judgment.

don't think i t ' s defined in the policy.

Q.

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In your opinion,

is

there a

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VINOD DHAR,

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M.D.

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difference between any potential risk and a

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substantial risk of dangerousness?
MR.

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5

30 (b) (6)

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Q.

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RADOMISLI:

He is here as a

witness.

Okay.

You can answer the

question.

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MR.

RADOMISLI:

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MR.

SMITH:

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No,

he can't.

You're instructing

him not to answer that question?

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MR.

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of a

RADOMISLI:

30 (b) ( 6)

I t ' s not proper

witness.

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MR.

SMITH:

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MR.

RADOMISLI:

No,

You know that.
I

don't.

I

cited a

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Don't answer that question.

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proper.

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Q.

case.

I t ' s not

Does the term substantial risk,

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as defined in the Jamaica Hospital policy,

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include any risk of harm?

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A.

Yes.

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Q.

So under Jamaica's policy,

any

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possible risk is a

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to involuntary admit somebody,

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the conclusion that they are dangerous to

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themselves or others;

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sufficient basis in which
because of

is that correct?

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VINOD DHAR,

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MR.

RADOMISLI:

M.D.
Objection to the

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form.

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A.

Yes.

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Q.

Is part of Jamaica's policy in

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making this assessment about risk of

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dangerousness

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community,

to seek out to protect the

as well as,

the patient?

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A.

Both.

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Q.

I'm sorry?

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A.

Both patient,

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the

community.

Q.

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as well as,

Why is the hospital

involved in

seeking out to make the community safe?

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MR.

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A.

Objection to

form.

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RADOMISLI:

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Because article 9.39

is

safety

for patient and others.

Q.

So Jamaica Hospital views one of

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its roles under

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community safe?

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MR.

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A.

to make the

RADOMISLI:

Objection to

form.

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9.39 is

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I

don't think i t ' s question of

making the community safe.

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I t ' s making

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