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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2l2lll0 - Timeline of PFS contact$ with

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P.O. Aslrian Schoolcraft

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MOS referred to PES by District Surgeon Dr. Ciuffo tbr acute anxiety secondary to
stress on job. Dr, Lamstein at PES interviewed MOS on same day, MOS complained of chest
pains for over one year, stomach problems and trouble sleeping. There were no medical findings.
PO Schoolcraft had been to an emergency room, and was prescribed psychotropic medications
by his personal physician. Work problems were cited- getting below standards evaluations due to
low activity; told to write more summonses and 250s that he disagreed with; claimed that he was
assigned to a footpost in front of a building that generates lawsuits against cops. He allege d that
other officers wrote false summonses. He hired a lawyer to fight his low evaluation, At Dr.
Lamstein's request, PO Schoolcraft signed releases of information to speak with the physician
who prescribed the medication. and to get records from the emergency room visit.

4ll3l09

4ll4l09- Dr. Lamstein discussed the case with Dr. Propper, supervising psychologist at PES
MOS placed on restricted duty due to his anxiety symptoms and use of psychotropic
medications.
4ll5l09 - Dr. Lamstein spoke with MOS and informed him of psych R/D decision. MOS was
not happy with the decision. MOS verbally withdrew releases of information he had signed, Dr.
Lamstein asked him to put that request in writing as well,
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MOS rescinded the ROI in writing in a formal legal statement signed by a notary,

Dr. Lamstein met with MOS at PES. He reported that he no longer felt stressed about
anything, and that every one of his physical symptoms of stress was completely better. He
denied taking medication for any reason. He said things were better at work since he was on
restricted duty because he was left alone, was not getting written up, and they could no longer
stick him on a fbot post "in fiont of the most dangerous building in the precinct," or forcc him to
do overtime. Dr. Lamstein urged PO Schoolcraft lo get stress management counseling, and at the
ulTcer's request recommended two books.
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Dr. Propper received a call from Sgt. Bonilla in the Police Commissioner's olTice
informing PES that MOS' father called "City Hall" and complained to a Deputy Mayor's
assistant that his son was never told why he is on R/D.
10/13/09

- Dr. Lamstein returned from vacation and met with MOS to make sure he was clear
the reason he is on R/D. Dr. Lamstein again explained in detail that he was on restricted
about
duty because he had significant physical manifestations of stress that were causing distress, and
that he wcluld benefit from treatment, He continued to report that he no longer had physical
symptoms of stress ancl no longer felt stressed at work. He said he called therapists Dr.
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Lamstein had recommended, but none took his insurance, Dr, Lamstein offered to help him find
an in-network therapist who specializes in stress management, and he expressed appreciation lor
that assistance. Dr. Lamstein soon mailed him a list of psychologists in his pref'erred location
who accepted his insurance and specialized in anxíety and stress mânagement.

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l0/31i09 - Dr. Lamstein was the psychologist on pager duty when MOS went AWOL. Capt'
Lauterborn, MOS' XO at the 8l Pct., kept Dr. Lamstein informed throughout the night. Capt.
Lauterborn reported underlying issues with MOS at the command that might have precipitated
his going AWOL. He said MOS had made allegations against others and thE Department's
investigation of those allegations had picked up that week. About ¿l PO's and 2 civilians were
called down for questioning that week. Notifications u/ere in telephone message log so MOS
knew who was going. He went up to them upon their return, trying to get information from them
about what they were asked. rühile MOS was still missing, Dr. Lamstein left a message on
MOS' cell phone urging him to call her or his Captain, or return to his home or command,

lll2l09 - Dr. Lamstein received a call from Sgt. DeGrabrizio, IAB Croup 31. Dr. Lamstein
provided general intbrmation about MOS and the reason he is on psych R/D.
lll2l09 - Dr, Lamstein received a call from MOS'

father, Larry Schoolcraft, He yelled
throughout the convers¿tion in an accusatory, threatening and insulting tone of voice. He was
angry because of the events of 10/31 . He vaguely threatened legal action and hung up on Dr.
Lamstein.

l!4lt9 * Dr. Lamstein

received a call from Sgt. Scott, IAB Croup L Sgt. said he interviewed
MOS at.lamaica Hospital and PO Schoolcraft signed a release of information authorizing the
hospital to release information to the NYPD. Sgt. reported that. MOS' father was still alleging
that Dr. Lamstein never told MOS why he is on R/D.
- Dr. Lamstein returned a call from MOS' father, Larry Schoolcraft. He was polite and
friendly during this call, He said they just had a meeting at the hospital at 2 PM which he had
hoped Dr. Lamstein wcluld be able to attend. Dr. Lamstein said that she would be happy to speak
with MOS' treatment providers at the hospital as long as PO Schoolcraft signed a release of
information authorizing it. He thanked Dr. Lamstein and ended the call courteously.

lll9l09

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Dr. Lamstein spoke with Jamaica Hospital, Christine McMahon, MSV/ after a few
days of leaving each other messages. She said MOS refi¡sed to sign a release of information
allowing NYPD to release information to the hospital. She said MOS was discharged on LIl6l09
with a follow-up plan of a scheduled appointment with a psychiatrist, She said he had some
weird beliefs but was not a danger to himself or others.
- Dr. Lamstein received a call from IAB Group [, Sgt. Scott and Lt, Crisalli.
They reported that they went to MOS' home on 1l/6 after he was discharged from the hospital.
MOS told IAB that he was kept at Jamaica Hospital because a counselor there used to work at
the NYPD and is in cahoots with the NYPD, and the Department wanted him kept there, He had
many digital recording devices in his home, He provided recordings to IAB as evidence of what
he said was mistreatment by the NYPD on l0/31/09. The recordings included his side of phone
conversations with his father and revealed that he had a rifls in his home (despite being on "no
firearms" statr.rs) and was concerned that the NYPD might ask him to go to a hospital to take a
drug test.

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1l/30/09
the rifle.

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Dr. Lamstein spoke with IAB Group 1, Lt. Crisalli. Confirmed that IAB did recover

8l Pct., Dr, Lamstein tried calling MOS with the
This was part of ongoing efforts to notify MOS to
call.
report to lPP for reinstatement. It was unsuccessful.
l2lll09 - At the request of Lt.

Mascol of the

hope that perhaps he would return the

Illgll0 -

Dr. Lamstein received a release of information from Fulton-Montgomery VA Primary
Care Practice. It requested PES send thcm "last offìce notes" and a medication list. tt said MOS
had an appointment scheduled with them on ll20lI0. On ll20l01, Dr. Lamstein spoke with
Louis at the VA clinic and e xplained that PES only saw MOS for an evaluation of his
psychological fitness to perform police work and that PES were not treatment providers. He did
not think they needed this type of records.

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