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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L]NTTED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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ADRIAN SCHOOLCRAFT,
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PLAfNTfFF,
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against -

Case No:

10 Civ.

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(RWS

6005

)

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THE CITY OF NEW YORK, DEPUTY CHIEF MICHAEL MAR]NO,
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Tax fd. 873220, Individually and in his Official

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NORTH GERALD NELSON,

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Capacity, ASSISTANT

and in his Official
STEVEN

CHIEF PATROL BOROUGH BROOKLYN
Tax ld. 91-2370, Individually

Capacit.y, DEPUTY INSPECTOR
MAURIEITITO, Tax Id. B 95117 , Individually and

in hís OfficíaI Capacity, CAPTAIN THEODORE
Tax fd. 897840, Individually and in his
Official Capacity, LIEUTENANT WILLIAI,I GOUGH, Tax fd.
9I9L24, Individually and in his Official CapaciLy,
SGT. FREDERICK SAWYER, Shield No. 25'76, Individually
and in his Official Capacity, SERGEANT KURT DIINCAN,
Shield No. 2483 , fndividually and in his OfficialCapacity, IJIEUTENANT CHRISTOPHER BROSCHART, Tax Id.
915354, Tndividually and in his Official Capacity,
],TEUTENANT TIMOTHY CAUGHEY, Tax Id. 885374,
Individually and in his Official Capacity, SERGEANT
SHANTEL JAMES, Shield No. 3004 and P.O. 's "JOHN DOE"
#l--50, Indivídually and in Lheir Official Capacity
(the name ,John Doe being fíctitious, as the true
names are present.ly unknown) (col-lectively referred
to as "NYPD def endants" ) , ,lAMAf CA HOSPITAIJ MEDICAL
CENTER, DR. ISAK ISAKOV, Individually and in his
Offícial Capacíty, DR. LILIAN ALDANA-BERNIER,
Individually and in her Official- Capacity and
ITAUTERBORN,

,JAMAICA HOSPITAL MEDICAL CENTER EMPLOYEES ",JOHN

#1-50, Individually and in their Official
Capacity (the name .fohn Doe being fictitious,
Lhe true names are presently unknown),

DOE"
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as

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DEFENDANTS

DATE:
TTME:

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(Deposit.ion of

October 17, 20L4
l-0:20 A,M.

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,JOHN ETERNO, PhD)

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DIAMOND REPORTING

[phone] infoodiamondreporLing.com
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DATE:

October l-7, 20L4

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TTME:

L0:20 A.M.

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c
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DEPOSITION

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of an Expert Witness,

PhD, taken by the Respective Parties,

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,]OHN ETERNO,

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PursuanÈ to a Notice and to t,he Federal Rules of

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Civil Procedure, held at the offices of the

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York Cit.y ï,aw Department, l-00 Church Street,

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York,

New

York L0007, before Nathan

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New

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a Notary Public of the State of

New

MacCormack,

New York,

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DTAMOND REPORTTNG

[phone] infoodiamondreporting.corn
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J.

ETERNO

L

A.

I woul-d say abouL a

week.

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O.

It. took you about a

week?

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A.

Yeah.

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Are all of the opinions in your report based
a.
generally accepted policing practices in t.he policing

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f

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on

ield?

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A.

f believe so.

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O.

Does being

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generally
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generally accepted

mean

that they are

adopt.ed?

I believe so. I bel-ieve that the

New

York City

it.s practices

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Police Department is a

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are wiLhin t.he sLandards of police departments throughout

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the Unit.ed States, and certaínly
a.

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model- department and

New

York

St,aLe.

Are any generally accepted practices found ín

recognízed authoritative treatises?

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A.

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a.

by "treat.isesrt?
Are there any documenLs, for example, books that
What do you mean

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would conLain generally accepted practices for the policing

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f

ield?
MR. SMfTH:

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Objection to the form.

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A.

Of course.

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a.

And what are Lhose?

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A.

We

have the I.A.C.P. Model Polícies, fer example,

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that's the International- Association of Chiefs of Police;

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cert,ainly organizat j-ons like
DIAMOND REPORTTNG

(71-8

P. E. R. P.

) 624-7200
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, the Police ExecuLive

inf oodi amondreport. ing

com