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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UNITED STATES DISTRICT COURT
SOUTHBRN D]STRTCT OF NEW YORK

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ADRIAN SCHOOLCRAFT,
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PLATNTÏ FF,
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Case No.:

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6005 (RWs)

THE CITY OF NETd YORK, BT AL, DEPUTY CHIEF MTCHAEL MARÏNO
TAX TD 8?3220, INDIV]DUALT,Y AND ]N HTS OFFICTAL CAPACITYI

ASSISTANT CHTEF PATROL BOROUGH BROOKLYN NORTH' GERALD
NELSONI TAX TD 91'237A1 TNÐTVIDUALLY AND ]N HTS OFFÏCIAL
cApACItY, DEPUTY INSPECTOR STËVEN MAURIELLO TAX ID 8951"I'7 |
INDTVIDUALLY AND TN HIS OFFTCTAL CAPACTTYI CAPTAIN THEODORE
LAUTERBORN/ ?AX TD 89784A, TNDTVTDUALLY AND ]N I-IIS OFFÏCIAL
CAPACITY, LIEUTENANT I/üILLIAM GOUGH, TAX ID 9t97241
INDIVIDUALLY AND TN HIS OE'FICIAL CAPACITY, SERGEANT
TRADERICK SAWYERI SHIELD NUMBER 2576I INDTVTDUALLY AND IN
HIS OFFIC]AL CAPACITY, SERGEANT KURT DUNCAN, SHTELD 2AB3I
INDIVIDUALLY AND IN HTS OFFTCIAL CAPAC]TY, LIEUTENANT
CHRISTOPHER BROSCHART TAX ID 915354, INDIVTDUALLY A¡ID TN
H]S OFFICIAL CAPACITY, LIEUTENANT TIMOTHY CAUGHEY' TAX ÏD
885374, INDTVTDUALLY AND IN HTS OFFICIAL CAPAC]TY, SERGEANT
SHANTE]. JAMES, SHTELD NO. 3004 AND PO'S JOHN DOE l"-50
INDTVTDUALLY AND IN THEIR OFFICTAL CAPACIT]ES' JAMAICA
HOSPTTAL MEDTCAL CENTER, DR. TSAK ISAKOV, INDIVTDUALLY AND
TN HIS OFFICIALLY CAPACTTY, DR. LILIAN ALDANA-BERNTERI
TND]VIDUALLY AND TN HER OFFTCIAL CAPACTTY AND JAMAICA
HOSPTTAL MEDICAL CENTER BMPLOYEES JOHN DOE ].-50
INDIVTDUALLY AND IN THEIR OFFICTAL CAPACTTTES (THE NAMB
JOHN DOE BE]NG FTCTITTOUS, AS THE TRUE NAMES ARE PRESENTLY
UNKNOVüN ) ,

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DATE: June

22

TTME: l-0:16 A.M.

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(DEPOSTTTON OF JOSEPH FERRARA.

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DTAMOND REPORTlNG

[phone] infoGdiamondreporting.com
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DATE: June

2

TIME¡ 10:16 A.M.

20L4

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of a Non*Party irlitness' JOSEPH
FERR.ARA, taken by the reSpective partÍes, pursuant to a
Court Order and to the Federal Rules of Civll Procedure,
held at the offices of The New York City Law Department'
DEPOSITION

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Nardone, a Notary Public

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of the State of

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DIAMOND REPORTING

(7LB) 624-1200 infoGdiarnondreporting.com
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JOSEPH FERRARA

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Ín,
put

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I just,

of '08, so I just
date !t act ual ly

was.

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so

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because

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know what

And on the next page 12165,

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that

You know, Put SePtember

the second paragraph

rcl0T/08. WhY did You use that date?
f dídn't know the specifíc daL,e that I

was taken

off of whatever that, saYs there '
So, for at least those two entrÍes you didnrt put
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this entry in ímmediately following the claimed misconduct?
A.
Th.att s correct.
So, you claim thal the retaliation against you
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began in March 200? by captai.n Lunetta; j.s that cor.r:ecL?
A.

Yes, I believe so.

I'm not referring

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Oh, okaY.

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*- you're

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welcome

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the -- to the pages --

to look through them, but

generally --

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A]1 right.

-- is that

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So, starLing in March of. 20Q,1, whal form did thi.s

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is that Your claim?

Yeah, uh-huh.

retaliat.Íon take?
Vfell, before I was allowed to do overtime wit.hout
A.
ðny questions asked, I was able to do operations in the
fielrl, surveill-ances, integrity lest.s without. any --

al leged
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DIAMOND REPORTTNG

(?18) 624*-7200 infoGdiamondreporting.coni
150

'l e,1

JOSE]PH FBRRARA
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¿

A.

Did anyone tel.J you Lhat you htere geLting

overtime t-han other lieucenants?

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a.!{hydidyoubelievetha.t-yourtransfertogroup

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52 wa,s retaliatorY?

A.

Because, when -- when f went and met with

Inspector o'Brien he to-ld me ire lleecled t- he wanted a
strong Jicutenant supervisor in that group, okay' And wl-rert
I got to that groi.lp a couple days after I got there tliey
needed another lieutenant in thaL group to cover the r:ther

testi.ng tearn, they brought. in a lieutenant from pat.rol
had no expe::ience with TAB whatsoevel:. so I feit thaf

who

was

retal..j-atory because you're saying you need a strong
lieul-enant who knows 1AB, but ncw yourre bringinq somebody

else who has no -- never did any time in IAB whatsoever,
has no idea how lAB works and you bri ng him in ancl put him
.right next to me, so T felt that v\¡as retaliatory'
Did you make any less money in group 52?
0.
A,

From group 56?
Yes.

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A.

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A.

Why

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did You make less moneY?
I wasn't allowed to do any Ôvertime'
Was your sLraighL pay different in any

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A.

Il{as mY whaL?

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Yes.

DIAMöND REPORTING (718

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JOSEPH TARRARA
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0.whydÍdyourìotifyCapt.ainMonteleoneaboutthat?
I felt like he knew frr:m other supervisors
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talking about the sj.tuatíon because word had goLt-en around,
pretty much the whole Interna,t Affairs Bureau about what
on, so I just

to expJ.ajn to him, you

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\^/as goi.ng

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my side of whal. happened and that, You know, I felt

had
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want-ed

-- you know, t felt like I had Lo

exp".i.ain

know,

iike I

myself

tc¡

hi.m.

A.

Dicl he say anything to you that made you believe

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he alreaciy knew about. yÕur re-lat-ionsirip witir

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Mohammed?

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A.

No, he didrlrt.

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A.

Vriere yÕu

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ïetaliatecl againsl' äs a resull of

telting Captain Mont.eleone that information?
MR. SMITH: Objectj.on t.o form.

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Dawn and Chi.ef

No, I don't believe it was in regards Lo that.
Why do you believe you l/ùere reLaliated against

by

Claptain Monteleone?

A.

lrle1t, ttrey came up wilh vacation picks, accordj.ng

to the patrol guide, I'm going to say hypothetically,
because I don't know what L.he actual number is. When
there's three or more lieut.enants working on a -- in
group -- let's say four. Tf there's a four or more

a

lj.eutena¡ts working in a qroup then lhere is double picks'
which means a lieutenant can píck with another lieut-enant
DIAMOND REPORTING

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165

r66
JOSEPH FIRRARA

okay, and íf iL's less than four, then

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for a speci fic

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therets single picks , So, if May -- if Lhe month of

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t.aken up by anot.her I ieutenant t.hen nobody else can take

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1Íeutenants working on paper and Montefeone turned ar:ound
a¡cl says no douirle p-icks fo.r lieutenants. He was big wit'h
having people there all the time.

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Norr, in our group we had, I t'hink, five

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6

week'

so, he i:urned a,round

ancj

said no, lro picks for Li.eutenants, no double picks, iL's
only going to be single picks. So I challenged that, I
balled [he LB/\ up and f asked the I.BA, I was li ke' you
know, can he c1o that, I saÍd because, Vou know, he's saying

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no. ,Ihe LBA told me yolt could put a grievance i.n and f ight
that because you guys are carrying, 1et's sâlr fjve
Lieutenants and the number is like four or more and you **

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--yourre entit.led to doubl e picks.

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Sr: I did t-haL and MorlLeleone -- M<¡nteleone knew

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dj cJ that and

then after that it was t.he

thing with

I haci lo -* wi.th Monteleone if T -- I had to
start filling out a daily activity report of w}'raL T di-d
each day which nobody else hatl to do jn that ** in that
retatíation.

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office.

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came back how

zt1

had to write specific stuff down for

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same

"1"

If I went out where did Í go, what did T do, if I
tong T spent on a specÍfic case number. I
MS.

DIAMOND REPORTING

hj.m.

PUBLTCKER ME'I'IHAM: We

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