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)
CHARGES A¡\ID SPECIFI
PD 468. t 21 (Re'¿
1
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Date
TO
l.A.B. Log No,
Serial No,
iommand
le's Office
Advo
Departmenl
Serial Number
l.A.B. Mernber Notifieci
10
02
eb
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ü
TIIE POLICE COÍVIMISSIONER:
hereby
Name
lnitial
Tax Reg, No.
Shield No,
Dale Entered
Command
931186
12943
SCHOOLCRAFT ADRIAN
OHARGE PO
ìquad or Chart No.
Firsl
Surname
Rank'T¡lle
81 PRECIT{CT
0?0il02
IiIh VIOLATION OF DEPARTMENT REGULATIONS
SPECIFICATIONS
ì
lhal:
81st Precinct, while on'duty, on or about
Sait{police oflicer Adrian Schoolcraft, assigned to the
Kings County, having been directed by New
October 31, 2009, inside of the glst precinct Stationhouru, in
neglect to
yorl< city police sergeant Rasheena Iruffman to standby during an investigation, did fail and
comply with said order'
l.
coDE)1
CONIPLIANCE WITH ORDERS
PG.203-03 Pg. #1Para. #2
Precinct, while on-duty, ono¡ about
said police officer Adrian schoolcraft, âssigned to the Slst
County,Ìravingbeen directecl byNew
October 31,2009, rvithin the confines of the 104th PrecÍr,.t, in Queens
an
yo¡k city police captain Theodore Lauterborn to return uoik to the 81'st Precinct staiionhouse for
investigation, did fail and neglect to comply rvith said order'
2,
PG 203,03 Pg. #1
para.#z
COMPLIANCE WITH
OR-DERS
coDE
21
Precinct, rvhile on-dufy, on or about
Said police offïcer Adrian schoolcraft, assigned to the Slst
wÍthout leave'
October 31, 2009, scheduled to perform his regular iout of dufy was absent
3,
PG203-05 Pg.1 para.
PG 20s-18 Ps.7 &2
4,
l
Said políce
&
2
PERFOR]VIANCE ON DUTY. GENERAL
ABSENT WITHOUT LEAYE-PERSONNEL IVIATTERS
coDE
01
on'duty, on or about
offìcer Adrian schoolcraft, assigned to the 81st Precinct, while
or discipline of the Department
october 31, 2009, engaged in conduct pr.i"¿i.irr to the g"ood order, efficiency
in that said Oflìcer taifã¿ to properly safeguard Department property'
PG 203-10 Pe. #1 para. #5
DIPARTMTNT ÃDVOCATH'S
CODE 26
GENERAL REGULATIONS
0rFtcE
P
DÀT
Steven l\Iaurie
Deputy Inspector
i\PPRTVED
stri/¿I¡åMicatien+.are'entered,listwitnessesforthedepar1ment.
_'L__^_J
rr-..L---,
CONFIDENTIAL
'-
(lf witness is civilian, enter name and address on Olficial
------!
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/il ¡nt¡\
¡had
NYC00003933
1ST ENDORSEMENT
;ommânding Of f ícer,
rookl n
Patrol Borog¡gh
Nor Lh
,,
the POLICE COMMISSIONER
'I
issuance of charges and specificati ons.
,t
,'s.
6i.'
,-FgbruarJ¡ .9,---.-*20.10
.
lconcurwiihthe
2¿-
?
Gerald Nelson
Assistant Chief
INSTRUCTIONS FOH SERVICË OF CHARGES AND SPECIFICATIONS
1.
Respondent will sign and complete where appropriate:
a.
b.
c,
d,
2.
original charges and specifications
vacat¡on and military leave form
two (2) copies of instructions and rece¡pt of charges and specifications
agreement to accept service of notice form (when requested in suspension cases only)
Respondent will receive:
a.
b.
one (1) copy of charges and specifications
one (1)copy of instructions and receiptof charges and specifications form
ACKNOWLEDGEMENT OF SERVICE
I acknowledge due personal service on rne of the within Charges and Specifications and notice of Hearing, this
20
day of
-*
-at-=-AM/PM
BESPONDENT
/VITNESS
(Signaturc)
(Rênk Titl¿)
(S¡gn¡lurr)
(Rsnk.T¡tlc)
DATE STAMP
CMD PREFER C&S
D.A.O
(ln)
(Oul)
,rl
CONFIDENTIAL
t.
'/
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i.'{ I
:,.{.:
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(oul)
HIGHER COMMAND
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mk.trffihlHiluffiË#ffi
14,ts. Log No
Serial No,
Command
81 PRECIN
Date
-oz¡'eênt
December 17,7009
Deparlment
Ser¡al Number
l.A.B. Member Notified
0
t
TO TI-IE POI-ICE COMMISSIONER:
lhereby
lnitial
SCHOOLCRAFT ADRTAN
OHARGE PO
Command
Squad or Charl No,
Firsl Name
Surname
Rank-Tille
81
12943
Dare Entered
PRECI}{CT
Tax Reg, No'
Shleld No,
WPI
931186
l0tl02
wilh VIOLATION OF DEPA RTMENT REGULATIONS
SPECIFICATIONS
in lhat:
Precinct, while on suspension, on or
said police officer Adrian schoolcraft, assigned to the 81st
said Officer was to report to the Department
about Dccember 3, 2009, after being previously ooiin.¿1n^t
did fail to appear at the bepartment Advocate's
Aclvocate's office to be restored to Modified Assignment,
Office and was absent without leave'
1,
PG 203-05 Pg. #1 Para.#l
PG20s-18 Ps.#L
PERFORMA}ICE ON DUTY - GENERAL
ABSENT \ryITIIOUT LEAYE - PERSONNEL
CODE 01
81st Precinct, while on suspension' on or
Said police offiCer Adrian schoolcraft, assigned to the
to the good order,-efficiency or discipline of the
about December 3,20ag,did engagein conductprejudiciar
comñranding officer, Depai'tment Advocaters
Department in that said'officerlult., u.ing ioto.mäo u,y-the
said offiõer's temporary residence, did fail
office, that a Department surgeon wourd eiamine said dfficer at
to mahe himself ãvailable for examination by said Department Surgeon'
2,
pG 203-10 Pg. #1 para.
#5
GENERAL
REGULATIONS
coDE
15
Precinct, while on suspensionr on or
said police officer Adrian schoolcraft, assigned to the 81st
to said offìcer's resident precinct'
about December 14, z00g and December 16, 2009, díd faifto report
3.
PG 206-08 Pg. #1 para.
#3
coDt],
SUsPENsIoN FROM DUTY' UNIFoRMEDJ'ÍEMBER
MATTERS
OF THE SERVICE - DISCIPLINARY
15
DEPA RTM F-NT ADVOCATE'S
0rFl
RtcO fv1
c[
OVAL
Þfrrh.l,?lt**tt
Steven Mauriello
DATi
Deputy Inspector
APPROVID
DA'[E
_ .- ,, . .,.- ,-.,
and address on Of ficial
are entered, list witnesses for lhe department' (lf witness is civilian, enler name
(if
give rank, name, shìeld number and command. Also indicate scheduled vacation any), chart,
Letterhead PD 158'151) lf member of the force,
(il member of the deparlment)
squad no., or working schedu le of complainant, respondent and witnesses
lnstructíons: After all
CONFIDENTIAL
sP ecificatlons
NYC00003935
. \'"
:-i( " \i SPECIFICATIONS
))
1¡
l¡
c HARçES3ô,ID
TffJffiffiffiffii ffiffiffi
PD 468-'121 (Rev. 1.02)-Pent
rO
l.A.B. Log No.
Serial No.
)onl¡narrd
Date
2009
ovenrber
Department Advocate's Office
l.A.B, Member Notilied
Serial Number
THE POLICE COMMISSIONER:
hereby
CHARGE PO
SCHOOLCRAFT ADRIAN
Command
iquad or Chart No.
lnitial
First Nams
Surname
Hank-Title
t2943
oate Entored
81 PRECINCT
Tax Reg.
Shield No.
No.
931186
wtolt}z
rlth VIoLATION OF DEPARTMENT REGULATIONS
SPECIFICATIONS
t
that:
1.
Said Police Officer Adrian Schoolcraft, assigned to the Slst Precinct, while on-duty, on or about
October 31., 2009, insidc of the 8lst Precinct Stationhouse, in Kings County, having been directed by New
york CÍty Þoüce Sergeant Rasheena Huffman to standby during ân investigation, did fail and neglect to
comply with said order'
PG 203-03 Pg, #1 para.
#2
COMPLIA¡ÍCE ÏYITII
ORDERS
CODE 21
2,
Said Police Officer Adrian Schoolcraft, assigned to the Slst Precinct, while on-duty,0n.0r about
October 31, 2009, within the confines of the 104th Precinct, in Queens County, having bçen directed by New
york City police Captain Theodore Lauterborn to ieturn back to the St st Precinct
Stationhouse for an
investigation, did fail and ne.glect to comply with said Ôrder.
pc 203-03
Pg, #1
para.#z
COMPLIANCE \ryITH
ORDERS
coDE
21
3.
Said Police Officer Adrian Schoolcraft, assigned to the 81st Precinct, while on-duty, on or about
October 31, 2009, scheduled to perform his regular tour of dufy was absent without leave.
PG 203-05 Pg. I para.
pG 20s-18 pá. t *z
I&2
PERFORMANCE ON DUTY - GENERAL
ABSENT WTTTTOUT LEAVE-PERSONNEL MATTERS
CODE
01
4.
Said Police Officer Adrian Schoolcraft, assigned to the 81st Precinct, while on-duty, on or about
October 31,7009, engaged in couduet prejudicial to the good order, efficiency or discipline of the Department
in that said Officer failed to properly safeguard Department property.
PG 28tÉÅRïfi4
Ëñfâf\i6¿AïE,s
GENERAL REGT]LATIONS
OFFICE
RECOM
D
DAT
APPROVED
CODE 26
ct(j-kþ
PR
tl
l^
Deputy Inspector
red, list witnessos for the department. (lf witness is civilian, enter name and address on Official
al
158-151), lf member of the force, give rank, name, shield numbor and command. Also indicate scheduled vacation (if any), chart,
rtterhead PD
structions: Afler
CONFIDENTIAL
NYC00003936
.
Commandine Officer
Patro1 Boiodh-BL@Kyn l'brlh
;srr.*
"f
ch*g".
"r,ld
1STENDORSEMENT
i
tothepoLtcEc-oMMtsstoNER,
specifications
ry"úo 10
__z0g_
tconcurwirhthe
ø
ftief
INSTRUCTIONS FOR SERVICE OF CHARGES AND SPECIFICATIONS
1.
Respondent will sign and complete where appropriate:
a. original charges and specifications
b. vacation and military leave form
c, two (2) copies of instructions and receipt of charges and specifications
d. agreement to accept seryice of notice form (when requested in suspension
2.
cases only)
Respondent will receive;
a. one (1) copy of charges and specifications
b. one (1) copy of instructions and receipt of charges and specifications
form
ACKNOWLEDGEMENT OF SERVICE
I acknowledge due personal service on me of the within Charges and Specifications and notico of Hearing, this
dayof
%,20
_at_AM/PM,
NESS
RESPONDENT
rnk-Titlc)
(Signoturc)
(Rank Tirlc)
(Signsturr)
DATE STAMP
D.A.O,
(oul)
CMD PREFER C&S
(lnì
,
(our)
HIGHER COMMAND
(ln)
(oul)
D,A.O,
(ln)
.-,.;,, iU
-a "; .;,.,
CONFIDENTIAL
NYC00003937
ADr
Rece i ved:
Ø4/27/2øIØ
(Fov 1'02)'Poñl
rå$
l.A.B. Membsr Noltlisd
l,A.Þ. Log No.
TO THE POLICE GOMNi|SSIONEH:
Flrst Nðme
Sufhamit
Rrink-Tlllo
I hereby
CHAFGE PO
lñlllâl
.
Reg. No'
Shi€ld No'
931186
12943
ADRIAN
Oale Enlèred
Wottoz
NT
OF
.wlth
0
Serlal Number
SCHO OLCRAFT
81. PRECINCT
Squad or ChBrt No.
PAGE ØT/ø2
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No.
Cômmand
2010 09:344n
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CHÀRGES ÄND SPECIFICATIONS
PD ¡16€'!?1
2l
DAO
64661 ø6328
1.Øi37
SPECIFICATIONS
in
rhol: 1.
to-the Stst Prccinct'
schoolcraft, assignecl
sai{pouce otficer Adrfnn
s,rî"''îit'î", ìn xrngs
áüt
ocrober 31, 200e, i"rid:;;";i
york city
comPIY
cJ;Ï;;"g
ri..i^.,
nbout
whÍle on-tlufy' on or
becn dircctetl bv New
rnil nnd neslect to
;lXil;Hi ;i;ö';'-*;.r'isntl*iòia
porice sergerrnt Rasheena Frurrman
with s¡rld ordor'
COMPLI^NCE WÍTU
PG ?03-03 Pg' #1 pnrrr' #2
CODE 2l
ORDPRS
iå*e becn directed ror nn
2.'Sai.ilPoliceofli'cerAitrinns..lg"]:l"ftnssigne