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)
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UNTTED STATES DTSTRICT COURT
SOUTHERN
DISTRICT OF
NETV YORK
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ADRTAN SCHOOLCRAFT,
Plaintiff,
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Case No:
10 cv
agains t
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06005
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THE CïTY OF NEW YORK, ET AL.,
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Defendants.
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111 Broadway
New York, New York
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ApriJ. LL, 20L4
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DEPOSITION OF WILLIAM GOUGH, pursuant
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Notice, taken at the above place, date and
time, before DENISE ZIVKU, a Notary Public
within and for Èhe State of New York.
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CONFIDENTTAL WILLIAM GOUGH
the record.
(Whereupon/ a recess vras taken.)
MR. SMITH: Tterre going back on
the record, it' s Lt:29
The exhibits
that you have in
A.
front of you r Lieutenant,
let' s take them
The one that's
one at a time,
95, is this a
memorandum that you prepared on January 20,
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I believe so.
Is that your signature?
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Yes, it is.
And is this a report of a
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surveí11ance that you conducted as a
Iieutenant
in Brooklyn North?
A.
Yes.
How díd you get this assignment?
A.
MS. PUBLICKER METTHAM:
Objection.
You could answer.
A.
Captain Timothy Trainor.
He told you to do this?
A.
A.
Yes
What did he t,el-I you to do?
A.
MS. PUBLICKER METTHAM:
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CONFIDENTTAL WILLTAM GOUGH
You could answer.
Objection.
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He specif icalJ.y told me to go to
was
the residence where Officer Schoolcraft
staying and attempted to serve him with a
notice to be restored to duty.
lÍas that the f irst time you vrere
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told to go to the residence of SchooLcraft?
A.
I believe so
can I clarify
that?
Yeah , of coursê you can.
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IVe were told on October 31, 2009
to go to his acÈual residence.
This wouLd
be t,he resídence of his f ather.
I will rephrase that question
A.
because that's a good point.
I understand
that you responded to Offícer Schoolcraftrs
home in Queens, right?
A.
Yes.
So putting that aside, was
Q.
January 20, 20LO the first
time that you
were toLd by your supervisors to go to try
and deliver papers to Officer Schoolcraft
in
upstate?
A.
To best of my recoLLection,
yes.
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CONFIDENTIAL - WILLIAM
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GOUGH
And your commanding officer
to 1d
you to serve some J.egaI papers / i s that what
you to do?
he was telling
MS. PUBLICKER METTHAM:
Objection.
You could answer.
A.
Could you be more
could you
clarif y legaJ. papers ?
Did you have papers wíth you
A.
that you were trying to deliver?
A.
Yes.
What \rere t,hose papers?
A.
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To the best of my recoLlection,
it was the order for restoration.
Vühat is an order of restoration.
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It's simpJ.y an order that staÈes
that Èhe police deparÈment would l-ike him to
return on a certain time and date to be
restored to duty.
Had you ever done that
A.
previ ou s ly ?
A.
No.
Have you ever been licensed to
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serve of process?
MS. PUBLICKER METTHAM:
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TAM
GOUGH
Did it appear to you at any time
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that the response vùas excessive?
MS . PUBLICKER METTHAM:
Objection.
You can answer.
A.
No.
If was an appropríate response
A.
under the circumstances?
MS . PUBLICKER METTHAM:
Objection.
You could anstrer.
A.
Yes.
As of the time that you went
A.
into SchooLcraft's
residence on October 31,
2OO9 for that first
occasion, did you have
any knowledge that Schoolcraft
had been
taping other members of the service?
A.
No.
VÍhen did you f irst
learn of
A.
that?
A.
I donrt recalL.
When you reported to the
a.
Schoolcraft
residence on October 3L, 2009,
did you know that his guns had been removed?
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Yes.
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How did you know that,?
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WI LL I.â,M GOUGH
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. PUBLTCKER METTHAM:
asked and answered multiple
Objection,
times, but you can anslùer again.
phone call I received
A.
The first
from
the first
time I was advised of the
situation
that he waLked out of work, they
advised me that his gun has been removed.
He vùas on restricted
duty status.
you dontt
That's the indívidual
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remember who it !ùas, right?
A.
Right.
Do you remember that person
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you that he had his guns removed for
telling
psychoLogicaJ. reasons?
MS . PUBLICKER METTHAM:
Objection,
asked and answered muLtiple
times.
You may ansvÍer again.
A.
Yes.
Are there other reasons / other
9.
t,han psychological
reasons, f or why a member
of service could have their guns removed?
MS . PUBLI CKER METTHAM
Objectíon,
asked and ans!{ered, as weIL.
You can ansvrer again.
MS
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