Schoolcraft v. The City Of New York et al

Filing 297

MOTION for Summary Judgment . Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Thomas Hanley(Tax Id. 879761, in his Official Capacity), Thomas Hanley(Tax Id. 879761, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Robert W. O'Hare(Tax Id. 916960, Individually), Robert W. O'Hare(Tax Id. 916960, in his Official Capacity), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually), Richard Wall, Sondra Wilson(Shield No. 5172, in her Official Capacity), Sondra Wilson(Shield No. 5172, Individually). Responses due by 1/21/2015 Return Date set for 1/28/2015 at 10:00 AM.(Shaffer, Ryan)

LINITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEV/ YORK

ADRIAN SCHOOLCRAFT,
Plaintiff,
-against-

NOTICE OF MOTION
FOR PARTIAL
SUMMARY JUDGMENT

THE CITY OF NEV/ YORK, DEPUTY CHIEF MICHAEL
MARINO, Tax Id. 873220,lndividually and in his Official Capacity,
ASSISTANT CHIEF PATROL BOROUGH BROOKLYN NORTH
GERALD NELSON, Tax Id, gl237},Individually and in his Official
capacity, DEPUTY INSPECTOR STEVEN MAURIELLO, Tax Id.
895117, Individually and in his Official Capacity, CAPTAIN
THEORDORE LAUTERBORN, Tax Id. ïg79{},lndividually and in
his offrcial capacity, LIEUTENANT JOSEPH GOUGH, Tax Id.

919124, Individually and

in his Offlrcial

Capacity, SGT.

FREDERICK SAWYER, Shield No. 2576, Individually and in his
official capacity, SERGEANT KURT DIINCAN, Shield No. 2483,
Individually and in his Official Capacity, LIEUTENANT
CHRISTOPHER BROSCHART, Tax Id. 915354,Individually and in
his official Capacity, LT. TIMOTHY CAUGHEY, Tax Id. No.
885374, Individually and in his Official Capacity, SERGEANT
SHANTEL JAMES, Shield No. 3004, Individually and in her Official
Capacity, SERGEANT RICHARD WALL, Shield No. 3099,
Individually and in his Offrcial Capacity, SERGEANT ROBERT W'
O'HARE, Tax Id. 916960,Individually and in his Official Capacity,
SERGEANT SONDRA WILSON, Shield No. 5IT2,Individually and
in her Offlrcial Capacity, LIEUTENANT THOMAS HANLEY, Tax
Id. 879761, Individually and in his Official Capacity, CAPTAIN
TIMOTHY TRAINOR Tax Id. 899922, Individually and in his
Official Capacity, 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 "City
Defendants"), FDNY LIEUTENANT ELISE HANLON, individually
and in her official capacity as a lieutenant with the New York City
Fire Department, JAMAICA HOSPITAL MEDICAL CENTER, DR.
ISAK ISAKOV, Individually and in his Official Capacity, DR.
LILIAN ALDANA-BERNIER, Individually and in his Official
Capacity and JAMAICA HOSPITAL MEDICAL CENTER
EMPLOYEE'S "JOHN DOE" # 1-50, Individually and in their
Official Capacity (the name John Doe being fictitious, as the true
names are presently unknown),
Defendants.

X

lo-cv-600s (RWS)

PLEASE TAKE NOTICE that upon Defendants' City of New York, Deputy
Chief Michael Marino, Assistant Chief Gerald Nelson, Captain Theodore Lauterborn, Lieutenant

'William Gough, Serge ant Frederick Sawyer, Sergeant Kurt Duncan, Lieutenant Christopher
Broschart, Lieutenant Timothy Caughey, Lieutenant Shantel James, Serg eant Richard Wall,
Sergeant Robert

V/. O'Hare, Sergeant Sondra Wilson, Lieutenant Thomas Hanley,

Captain

Timothy Trainor, and FDNY Lieutenant Elise Hanlon (collectively "City Defendants")
Memorandum of Law dated December 22, 2074, the Declaration

of Senior Counsel

Suzanna

Publicker Mettham dated December 22, 2014, and the exhibits annexed thereto, the annexed

Local Rule 56.1 Statement, and upon all prior pleadings and proceedings had herein, City
Defendants

will move this Court, before the Honorable Robert W. Sweet, United States District

Judge, at the United States Courthouse for the Southern District of New York, located at 500

Pearl Street, New York, New York 10007, as soon as counsel may be heard, for an Order,
pursuant to Fed. R. Civ. P. 56 granting partial summary judgment in favor of City Defendants on
the grounds that no genuine issue of material facts exist to warrant a trial on plaintifls (1) claims

of unlawful search and entry; (2) claims of false arrest and imprisonment; (3) First Amendment
claims; (a) all claims against defendants Wilson, Wall, O'Hare, Trainor, Hanley, and Nelson; (4)
claim of "deprivation of federal rights under 42 U.S.C. $ 1983"; (5) claims of Conspiracy; claim

of

Intentional Infliction

of

Emotional Distress; (6) claims

of common law negligence;

(7)

negligent disclosure of IAB complaints; (8) claims of malicious abuse of process; and (9) claims

of municipal liability, and for such other and further relief

as the

Court deems just and proper.

PLEASE TAKE FURTHER NOTICE that plaintifß' opposition papers, if any,
should be served on the undersigned on or before January 21,2015; and

PLEASE TAKE FURTHER NOTICE that City Defendants' reply papers,
any, shall be served on or before January 28,2015.

New York, New York
December 22,2014

Dated:

ZACHARY V/. CARTER
Corporation Counsel of the
City of New York
Attorney þr City Defendants
100 Church Street, Room 3-200
New York, New York 10007
(2r2) 3s6-2372

By

.$ t-t¿uru"o

Suzanna Publicker Mettham

Senior Counsel
Special Federal Litigation Division

cc:

Nathaniel Smith (By ECF)
A

t t or

ney s for P I aint

iff

Gregory John Radomisli (By ECF)
MeRrn CleeRwRtpn & B¡ll LLP
Attorneys for Jamaica Hospital Medical Center
Brian Lee (By ECF)
IVONE, DEVINE & JENSEN, LLP
Attorneys þr Dr. Isak Isakov
Paul Callan (By ECF)
CALLAN, KOSTER, BRADY & BRENNAN, LLP
Att orney s þr Lill ian Al dana- B er nie r

Walter Kretz (By ECF)
SCOPPETTA SEIFF KRETZ & ABERCROMBIE
Attorney for Defendant Mauriello

if

Docket No l0-CV-6005 (RWS)

I.INITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

ADRIAN SCHOOLCRAFT,

Plaintift
-against-

THE CITY OF NEW YORK, et al.,
Defendants

NOTICE OF MOTION

ZACHARY IY. CARTER
Corporation Counsel of the City of New York
Attorney for C ity D efendants
100 Church SneeL Room 3-200
New York, New York 10007
Of Counsel: Suzanna Publicker Mettham

Tel: [phone]

Due and timely service is hereby admitted,
New York, N.

,2014
.... üsq,

Attorney

for