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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Page 1 UNTTED STATES DTSTRICT COURT SOUTHERN DISTRICT OF NETV YORK x 2 3 1 ADRTAN SCHOOLCRAFT, Plaintiff, 4 5 Case No: 10 cv agains t 6 06005 7 THE CïTY OF NEW YORK, ET AL., I Defendants. 9 10 111 Broadway New York, New York 11 L2 ApriJ. LL, 20L4 L0:2L a.m 13 L4 15 16 DEPOSITION OF WILLIAM GOUGH, pursuant L7 Notice, taken at the above place, date and time, before DENISE ZIVKU, a Notary Public within and for Èhe State of New York. 18 19 Èo 20 2L 22 23 24 25 2t2-267-6868 VEzuTEXT REPORTING COMPANY www.veritext,com s 16-608-2400 Page 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, 1 2 3 4 5 . 6 7 8 9 20L0? 10 A. 11 L2 13 L4 15 16 L7 18 19 20 2t 22 23 ì i l i 24 25 54 I believe so. Is that your signature? A. A. Yes, it is. And is this a report of a A. 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: 2t2-267-6868 . VEzuTEXT REPORTING COMPANY www.veritext.com 516-608-2400 Page 55 1 2 3 4 5 6 7 I 9 10 11 L2 13 L4 15 16 L7 18 19 20 2L 22 23 24 25 CONFIDENTTAL WILLTAM GOUGH You could answer. Objection. A. 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 A. told to go to the residence of SchooLcraft? A. I believe so can I clarify that? Yeah , of coursê you can. A. A. 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. 2t2-267-6868 VERITEXT REPORTING COMPANY www.veritext,com 516-608-2400 Page 56 CONFIDENTIAL - WILLIAM 1 2 3 4 5 6 7 I 9 10 11 L2 13 L4 15 t6 L7 18 19 20 2L 22 23 24 25 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. A. To the best of my recoLlection, it was the order for restoration. Vühat is an order of restoration. A. A. 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 A. serve of process? MS. PUBLICKER METTHAM: a 212-267-6868 VEzuTEXT REPORTING COMPANY www.veritext.com sl6-608-2400 Page 227 VüI LL 1 2 3 4 5 6 7 I 9 10 11 t2 13 L4 15 16 L7 18 19 20 2L 22 23 TAM GOUGH Did it appear to you at any time A. 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? 24 A. Yes. 25 a. How did you know that,? 212-267-6868 VERITEXT REPORTING COMPANY www.veritext.com 5I 6-608-2400 Page 228 WI LL I.â,M GOUGH 1 2 3 4 5 6 7 I 9 10 11 t2 13 L4 15 16 L7 18 19 20 2L 22 23 24 25 . 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 A. remember who it !ùas, right? A. Right. Do you remember that person A. 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 : 212-267-6868 VERITEXT REPORTING COMPANY www,veritext,com 5 l6-608-2400

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