Schoolcraft v. The City Of New York et al
Filing
298
DECLARATION of Suzanna P. Mettham in Support re: 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). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP, # 43 Exhibit QQ, # 44 Exhibit RR)(Shaffer, Ryan)
ÂO
4,1û
(Rev. l?i09) Summons in ¿ Civil Âction
Uxmpn Sr¿rps Dlsrrucr CoURT
for the
Southem Þisfrict of New York
ADRIAN SCHOOLCRAFT
)
)
Pleintif
CITY OF NEW YORK,
)
ÉÏ
AL,
Civil Action No, '10CV06005
)
Ðeþndant
A¡V¡ENDBD
)
)
)
SUMMONS IN A CIWLá,CTICIN
'To: (Þeþndant's name and a.ddres) PLEASE gEE ATTACHED LIST FOR SERVICE NAMES AND ADDRESSES
,4 lawsuit has been filed against you,
Wilhin ?l days nfter serviçe of tlris summons on you (not counfing the day ycu reccived it) * nr 60 tlays if yriu
are the tirrited States ur a Unitecl States agency, or an officer or e rnployee af the tjnhcd States described in Fed. R. Civ.
F" l2(a)(zJ or (3'l -- you musf ssrve on the plainliff äfl änswer to the attached complaint or a motion under Rule l3 sf
thc þ'erlsral R.ules of Civil Prcce dure" I'hc answer or motion muil be served an the plainf ifl" nr plairttifls ätforncy,
whose narne arrcl addÍes$ ãrü: JON L. NoRlNsgERG,
oCIHEN & FITCH LLP
233 BROADWAY, SUITE 1BOO
225 BROADWAY, SUITE
NEW YORK, NEWYORK 1027S
NEWYORK, NEWYORK
PLLC
27OO
1OÛ07
If you fail to respond, judgment by defäult will be entered against you for the.relicf demanded in the complaint.
Yr¡u also rnust file your answêr or motion with the court.
CLERK OF COURT'
Dater
Signalure of Clerk or Depury Qlsfla
T}IE CITY ¡3F NEW YCIRK
100 Church Street
New York, NY 10007
J.
DEPUI'Y CHIEF MICHAEL MARINO, Tax Id, 873220
ASSISTANT CHTËF PÂTROL BOROUGH BROOKLYN NORTH GER,A-I,D
4,
NEI.,SON, Tsx Id. 912370
SüRGEÁN'I KLJIII' DLINCÅ.N, Shield No. ?483,
2,
5.
6
1
f.lHUïß¡.¡Á,NT WILI-IAM COUCH, Tax Id, 9ï9124,
CjÂPTAIN TlM0"llJY "|RAINOI{, Tax, Id. 899922
r-iliI IT.ËNÁ"NT'nioM^ s !|.4NI-EY.
l?9 Wilson Avenue
87 97
6I
Brooklyn, NY 11237
8.
DEPUTY INSPBCTOR STEVEN MAURIELLO, Tax Id. 89s1i7
Transit Elorough Bronx
Moris Fark Avenue
Bronx. NY 10460
460
9
CAPTAIN îHË,ODOR"E LAUTERBORN, Tax Id, 897840,
Narcotic Borough Brooklyn South Narc,otic Division
I
Police Plaza, I{m, I 100
New York, NY 10007
t0.
SCT, FREDEzuCK SÄWYER, Shield No, 257ó,
$pecial Unit
3
l5 Hudson Street,
3r rr
Floor, Rm.
3
New York, NY i0013
1t,
LIEUTËNANT CHRISTOPHER BROSCHART,'l'ax Id. 9t s3 s4
1 1 5"' Precinct
92-15 Northern Blvd,,
Jackson l"lgts., NY, 1i372
12.
lJ,
LIEUTENANT TIN4OTI-IY CAUGHEY, Tax Id, 885374
SERGEANT'SHANTËL JAMES, Shield No" 30004
81 P¡:ecinct
30 Ralph Avenue
Brooklyn, NY, I 1221
14,
SERCEANT ROBERI'O'IIARE, Tax Id, 916960
PSA 2
560 Sutter Avenue
Brooklyn, NY 11207
t5,
SERGEANT ruCH.ARD WALL
Technical Assistance Response Unit
610 Little Bay Road
Queens,
NY
I 1359
16.
SERGEANT SONDRA VI/ILSON
One Police Plaza
Room 1406
LegalBureau
New York,
17.
Ì.ry
10038
LTBUTENANT ELISE HANLON, NEW YORK CITY FIRE DEPARTMENT
FDNY, Burea.u of LegalAffairs
9 Metro Tech Center,4lh Floor
Brooklyn NY 1i201
18.
JAMAICA I{OSPITAL MEDICAL CBN bR
89 Van V/yck Bxpressway'West
Jamaica, ¡ry 11411
19
DR, ISAK ISAKOV
89 Van Wyck Expressway
Jamaica,
20
NY
TVest
11411
DR. LTLIAN ALDANA.BERMER
89 Van Wyck Expressway West
Jamaica,
NY
11411
LINITED STA'IES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------x
ADzuAN SCHOOI,CRAFT,
Plaintiff,
-against-
ssÇor\8
THE CITY OF NEW YORK, DEPUTY CI.IIEF M]CHAHL
AMEJYpEp-
MAzuNO, Tax Id, 873220,lndividually and in his Official Capacity,
ASSISTANT CHIEF PATROL BOROUOH BROOKLYN NORTH
üERALD NELSON, Tax Id, 912370, individually and in his Ofñcial
Capacity, DEPLITY iNSPECTOR STEVEN MAURIELLO, Tax Id,
895117, Individualiy and in his Official Capacity, CAPTAIN
THEODORE LAUTER"BORN, Tax id. 897840, Individually and in
his offrcial capacity, LiEIJTENANT WILLIAM GOUGH, Tax Id,
COMPLAINT
919124, Individually and
in hís Ot'ficial
Capacity,
SGT.
FREDERICK SAWYER, Shield No, 257ó, Individually and in lrjs
official capacity, SERÛEANT KUR',r DLINCAN, Shield No. 2483,
Individually and ín his CIfficial Capacity, LIEUTENANT
CHzuSTOPIÍËR BROSCÍ{.ART, Tax Id, 915354, Individualiy and in
his OfTicial Capacìty, LIEUTENANT TIMOTHY CAUGHEY, Tax
id. 885374, Individually and in his Official Capaoity, SEROEANT
SI-IANTEL JAMES, Shield No. 3004, Individually and in he¡ Official
Capacity, LIEUTENANT THOMÂS HANLEY, Tax Id. 879761,
individually and in his Ofñcial Capacity, CAPTAIN TIMOTI{Y
TRAINER, Tax Id. 899972,lndividua1ly and in his Official Capacity,
SERCEANT SONDRA WILSON, Shield No. 5172, Individually and
in her official capaciry, SERGEANT ROBERT 'W. O'HARE, Tax
Id, 916960, Individually and in his Of{icial Capacity, SBRGEANT
RICHARD WALL, Shield No. 3099 and P,O,'s "JOHN I)OE" #1-50,
Individually and in their Ofücial Capacity (the name John Doe being
fictitious, as the true names are presently unknown), (collectively
referred'to as .NYPD defendants"), FDNY LIEUTENANT ELISE
I{A.NLON, individually ¿¡nd in her offïcial capaoity as a lieutenant
with the New York City Fire Department, JAMAICA HOSPITAL
MEDICAL CENTER, DR, ISAK ISAKCIV, Individually and in his
official Capacity, DR, LILIAN ALDANA-BERNIER, Individually
and in hcr Official Capacitl, and JAMAICA HOSPITAL MEDICAL
CENTER EMPLOYEE'S "JOHN DOE" # 1-5û, Individually and in
their ûfficial Capacity (the name John Doe being frctitious, as the
true names are presently unknown),
Defendanrs.
rp
Ç*v_.g6gqã
JURY TRIAL
DEMANDED
ECF CASE
Plaintiff ADzuAN SCHOOI,CRé.Ì'T by his ârtorneys, Jon Norinsberg ancl Cohen & Fitch
LLP, complainìng of the defendants, respeÇtfully allcge as follorvs;
PR4L-IMINARY STATPMENT
l.
Piaintiff brings this actio¡r for conrpensatory damages, punitive damages
and
attorney's fees pursuant to 42 U,S.C, $ 1983 and 42 U.S,C. $ 1988 for violatjons of iris cjvil
rights, as saìd rights are se,cured by said slätutes and the Constitutions of the Stare of New York
and tire United States,
2,
This action seeks redress fcrr a coordinated and concentrated efTort by ìrigh
ranking officials witirin the New York City Police Deparfment (hereinafter "N\aPI)") to silence,
intimidate, tlueaten and retaliate against plaintiff ADRIAN SCI{OOLCRAFT. for his
documentation and disclosure of conuption with the
NYPD. Specifìcally, that the NYPD had
established an illegal quota policy for the issuance of summonses and arrests and th¿t defendants
were falsifying and instructing police officars to suborn perjury on police reports in order lo
distort COMPSTAT statistics. In order to prevent disclosure of these illegal and unconstitutional
acts, which would have revealed rarnpant NYPD comrption, defendants unlauúrlly enterecl
plaintiffs home, had him forcibly removed in handcufïs, seized his personal effects, inciuding
evidence he had gathered documenting NYPD coruption and had
I-{ospital Center against his
o'emotionally
will, under false and
him admitted to
Jamaica
perjurious information that plaintiff was
disturbed", Tbereafler delendant officers conspired with Jamaica Hospitai Center
personnel to have plaintiff involuntarily committed in its psychiatric ward for six (6) days, all in
an effort to rarnish plaintiffs reputation and discredit his allegations should he succeed
disclosing evidence of widespread comrption within the NYPD,
irr
JUBISDICTION
3.
This action is brought pursuant to 42 U"S.C. $ 1983 and 42 U,S.C, $ 1988, and the
Fourth, Fifth, a¡rd Fourteenth Amenchnents to the United States Constitution. ,Jurisdiction is
founded upon ?8 U.S.C, $$ 1331 and 1343,
VENUE
4,
1391(c),
Venue is properiy laid in the Southem District of New York under U,S,C,
$
in that the defenclant Cify of New York is a municipal corporatirrn that resides in the
Southern Di.strict
of New York, Further, this matter is inext¡icably interwoven to a related
proceeding cwrently pending in the Southern District of New York, Stinsou-et. al v, CitJ of New
Y.crlk et. .ai,
(RIVS) 10 CV 4228,
JURY DEMÁ,ND
5,
Plaintiff respectfully den:ands
a
trial by jury of all issues in
thi,ç matteÍ pursuant tÕ
Fed R, Civ. P.38&).
PARTIES
6.
Plaintiff ADRIAN SCI{OOLCRAFT is a Caucasian maie, a citizen of the Unitecl
States, and at all reievant times a resident of the
7,
Defendant
Cþ
and State of New York,
CIIY OF NEW YORK was and is a municipal
organized and existing under and by virtue of the laws of the State
8.
'
corporation duiy
ofNew York.
Defendant CITY OF NEW YORK maintains the New Yçrk City Police
Department, a duly authorized public authority andlor police department, authorjzed to psrfonx
all funetions of a police department as pff the applioable sections of the New York
Stare
Crirninal Procedure Law, acting under the direction and supervision of the aforementioned
municipal corporation, City of New York.
9.
That ar all lin¡es bereinaf'ter mentioned, the individually named defendzurts DüPUI'Y
CHiËF MICHAEL MARINO, ASST. CHJHF GERJ.LD NELSON, DEPUTY INSPËCTOR STPVEN
MAURIËJLLO, CAPTAIN THEODORE LAUTERBORN, LIEUTËNANI' TIMOTHY CAUOHEY,
SERGEANT SHANTEL JAMES, LIEUTENANTANT
WILLIAM GOUGIJ, SERGEAN
FRþDLRTCK SAWYER, SERGEANT KURT DT,INCAN, I,ilîUTENANT CHRISTOPHER
BROSCHART, SERGEANT zuCI.TARD
WALL, SERCEI'NT ROBERT W.
O'T{ARE,
LIEUTENANT THOMAS HANLEY, CAPTÂIN T'IMO]'HY TR,AINER, SERCEANT SONDRA
WILSON and P.O.'s ".IOHN DOE" #1-50 were duly swom police officers of said deparfment and were
acting under the supervision of said deparlment and according to their official duties,
10,
That at all times hereinafier mentioned the NYPD defendants, either personally or
through their employe,es, were acting under coior c¡f state law and/or in compliance with the official
rules, regulations, laws, stah.rtes, customs, usages and/or practices of the State or City of New York,
11,
defe¡rdants
Each a¡d all of the acts of the NYPD defendants alieged herein were done by said
while acting within the scope cf their ernployment by defendant TF{E CITY OF NEW
YORK,
12.
Each and all of the acts of the NYPD defendants alleged herein were done by said
defendants wirile acting in furtherance of their empioyment by defendant THE CITY OF NEW YORK,
.l3,
Thaf at all times hereinafler mentioned, the individually namecl def'sndant
LIETITHNAN'Î ELISE I{ANLON was a duly sworn iieutenant with the New l'ork City
Fire
Department ("FDNY") and was acting under the supervision of said department and according to her
off¡cial duties.
14,
Tlnt at all times hcreinafter mentioned the FDNY defendant, was acting under
color of state law .and/or
in
compliance
with the ofücial ruies, regulatíons, laws,
statutes,
cusloms, usages and/or practices of the State or City of New Yol'k,
15.
Each and all of the acts of the FDNY defendant allegecl hçrein were dr¡ne by said
defendant while acting within the scope of her employment by defbnclant THE CITY OF NEW
YORK.
16.
Each and all of the acts of the FDNY defenda¡rt alleged herein were done by said
clefendant while acting
in fu*herance of her employment by defendant 'lHE
CIITY OF NEW
YORK,
17,
Defendant
the JAM,4,ICA HOSPITAL MEDICAL CENI'ER
(liereinaller
'oJlIMC") is a privately owned hospital iocaied at 8900 Van Wyck Expressway, Jamaica, New
York, i
I
41 8 and
18.
performs all functions of a hospital,
Thal at all times hereinafter.mentioned tbc rjefendant,JHMC, was a clomestic
corporation duly organi:¿.ed and existing unde¡ and by virnre of the laws
of the State of New
York.
19,
That at all times hereinafter mentioned, defendant JHMC owned,
operated,
managed and controlled a certain hospital for the treatment of the sick and ailing in the County
of Queens, Søte of New York, and as such heid itself out
as
duly qualified to render proper and
adequate hospital service for the treament of ihe sick and ailing in the County
of New York, and as such held itself out as duly qualified to
of Queens,
State
ren