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)

LAUTERBORN

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEVü YORK

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ADRTAN SCHOOLCRAFT,

Plaintif

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-against-

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THE CrrY Or NEW YORK, DEPUTY CHrEF MÏCHAEL
and in
MARINO, Tax ID. 87322Ot Individually
Capacity, ASSISTANT CHIEF
his OfficíaL

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PATROL BOROUGH BROOKLYN NORTH GERALD

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and in
NELSONf Tax Id. 9L2370, Individually
Capacity, DEPUTY INSPECTOR
hi. Official
STEVEN MAURIELLO, Tax Id. 895117 |
Capacity,
and in hís Official
IndividuaIJ.y
C¡\PTAIN THEODORE LAUTERBORN, Tax Id.
and in his Off icial
897840 | IndividuaIJ.y
Capacity, LIEUTENANT WILLIAM GOUGH, Tax Id.
and in his Of f icial
9L9L24, IndividuaJ.ly
ST. FREDERICK SAWYER, Shield No.
Capacity,
and in his Official
2567, Irdividualty
Capaci ty , SERGEANT KURT DUNCAN ShieLd No .
and in his Officíal
2583, IDdividualJ.y
Capacíty, LIEUTENANT CHRISEOPHER BROSCHART,

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and in his
Tax Id. 915354f Individually
LIEUTENANT TIMOTHY
Of f iciaJ. Capacity,
and
CAUGHEY, Tax Id. I8537 4 ' IndividuaJ.ly
in his Of f iciaL Capacity, SERGEANT SIIANTEL
and in
JAMES, Shield No. 3004, IDdividuaJ.ly
Capacity, and P.O.rsrrJOHN DOErI
his Offícial
and in their Official
#1-50, Individually
(the name John Doe being
Capacíty,
as the true names are Presently
fictitious,
referred
to aE TTNYPD
unknown) (coLlectively
Def endants " ) , .IAMAICA HOSPITAL MEDICAL
and
CENTER, DR. ISAK ISAKOV, Individually
Capacity, DR. LILLIAN
in his OfficiaL
and in her
ALDANA-BERNIER, IridividualJ.y
Capacity, and JAMAICA HOSPITAL
Official
MEDICAL CENTER EMPLOYEE ' S''JOHN DOE'I #1-50,
and in their OfficiaL
IndivíduaJ.Iy
(the name John Doe beíng
Capacity,
as the true names are Presently
fictitious,
unknown) ,
Defendants.

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111 Broadway

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New

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York,

New York

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November 7 | 2013
10:10 A.M.

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VIDEO DEPOSITION Of THEODORE
LAUTERBORN, the Defendant in the
heLd at the above
action,
above-entitled
!ime and pIace, taken before Dawn MitIer,
Notary Public of t,he State of New York,
pursuant to court order and stipulations

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betvreen Counsel.

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NCES
APPEARA
LAW OFFICES OF N.AEHANIEL B. SMITH
Attorneys for Plaintiff
1 1 1 BroadwaY
New York, New York 10006
NATHANIEL B. SMITH' ESQ.
BY:

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ALSO PRESENT : JOHN LENOIR, ESQ.
MAGDALENA BAUZA I VIDEOGRAPHER

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MTcHAEL CARDOZO, ESQ.

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NEW YORK CITY LAT.' DEPARTMENT

CORPORATTON COUNSEL

for Defendants THEODORE
LAUTERBORN ANd ALL CITY DEFENDANTS
100 Church Street
New York, New York 10007

Attorneys

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BY:

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SUZANNA PUBLICKER METTHAM' ASST.

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CORPORATION COUNSEL

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RYAN G. SHAFFER, ASST. CORPORATTON

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COUNSEL

Frr.E NO.: 20L0-033074/CONTROL # SSS08994

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APPEARANCES
MARTIN, CLEARVüATER & BEI,L, LÏJP
Attorneys for Defcndant,JAMAICA HOSPITAL
MED I CAL CENTER
220 East 42nd Street
New York, New York 10017
BRIAN OSTERMAN' ESQ.
BY:

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IVONE, DEVINE & 'JENSEN, LLP
Attorneys for Defendant DR. ISAK I SAKOV
2OOL Marcus Avenue
Lake Success / New York LL042
BY: BRIAN E. LEE, ESQ.

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CALLAN, KOSTER, BRADY & BRENNAN, LLP
Attorneys for Defendant LILLIAN
ALDANA-BERNIER

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BY

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One T'Ihitehal,l Street
New York, New York 10004
MATTHEvü ,t. KOSTER, ESQ.
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APPEARANCES
scopPETTA, SErFF, KRETZ &

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ESQS.

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for

Defendant

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Attorneys

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ABERCROMBTE

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DEPUTY INSPECTOR

STEVEN MAURIELIJO

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444 Madison Avenue
New York, New York t0022
MLTER A. KRETZ' ESQ.
BY:
FILE NO. : 20L0 -033074

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STIPULATIONS

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IT IS HEREBY STTPULATED AND AGREED, bY
and among the Attorneys for the respective
parties
hereto that fiJ.ing and seaJ'ing be
and the same are herebY waived.
IT IS FURTHER STTPULATED AND AGREED
except as to form of
that all objections
shaII be reserved to the time
the question,
of trial.
IT IS FURTHER STIPULATED AND AGREED
that t,he wíthin examination may be signed
and sworn to before any notary pubJ.ic with
Èhe same force and effect as though signed
and sworn to before this Court.

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L A U T E R B O R N/
OD OR E
duly sworn by Dawn
been first
a Notary PubLic within and for the
of New York, was examined and
ied as f oJ.lows:
MR. SMITH: On the record, it
Iù is November 7th 20L3.
is 10:10.
at 111 Broadway,
ïfe are at my offices

T HE
having
Mi1ler,
State
testif

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ans!ùer. Are we staYing in the
Eyes OnIY? Are !ùe going
Attorneysr
back to the non-confidential?
MR. SMITH: This is not a
I donrt see
document.
confidential
any reason to go to the confidential
section.
These charges and specifícations,
A.
Paragraph Number 2 | says that Schoolcraft
is being charged wíth, âßong other things'
to return to duty after being
failing
to do so by you; do you Eee that?
directed
A.
Yes .
that when you went
Am I correct;
A.
home, you told hím that
into Schoolcraft's
he had to come back to the 81st Precinct?
A.
Yes, from what I remember.
Was that dírect order by you
A.
him to return to the 81st
directing
Precinct?
A.
Yes.
why did you order him to return
A.
to the precinct?
Because he faiLed to comply with
A.
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patrol guide procedures on goíng sick and
He left his
we needed to anawer thoEe out.
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employment without Permission.
Because he left his emPloYment
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A.
wi thou t permi s s i on , you though t you had t,he
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to go into his house and order
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authority
him back to the 81st Precinct?
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MS . METTHAM: Obj ection
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MR. KRETZ : Obj ection
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Yes.
A.
11i
for me any
Can you identify
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proÈocoIs, procedure, patrol guíde rules
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to do that?
that, gave you the authority
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MS. METTHAM: Objection.
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I cannot cite any right now but
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he left his employment without authority,
and he needed to come back
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authozízation
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and answer those out.
ïfhat do you mean by, rrAnswer
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t,hose out?rl
Why he wouLd dísregard following
A.
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procedures of goíng sick.
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Didn't he teLL you that he was
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A.
weLl?
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sick and he wasn't feeling
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on October
SchooLcraft Ieft the precínct
31st?
ExactIY when it wasf about 1:30'
A.
2:00, sometime later in the afternoon'
around there.
How did you find out that he
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Left?
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The Sergeant came in and told me.
VÍhat Sergeant ?
A.
I think her name was Huffman,
A.
Sergeant, Huf fman.
Was anybody else Present for that
A.
conversation?
I don' t think so. She come into
A.
It was just me
my of f ice and I !úas alone.
and her.
at
Where !úas Inspector Mauriello
A.

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that

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time?
I don' t know, he wasnr t in.
A.
VÍhat did she tell you?
A.
that Adrian Schoolcraft
BasicaIIy
A.
just got up from his assignment and wanted
to l-eave because he Iilas sick, he Proceeded

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downstairs.

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right?
A.

Yes.
What haPpened next?
A.
I was waiting for Broschart to
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get to hís house to see the resuLts of
that.
You vrere waiting at the 81?
A.
A.
Yes.
Did Broschart eventuaJ-1y report
A.

back to you?
Yes , he díd.
A.
When did he do that?
A.
I don't know the exact time but
A.
he
there was a point where he either
From
reached out to me or I cal,led him.
what I couLd remember, he said he tríed
knocking on the door, YêIJ.ing Adrian's
He interviewed
name, there was no answer.
the Landlord who said that he had come
home. I don't know if he said he saw him
and
come home or he heard him upstairs,
Broschart thought that he saw
Lieutenant
movement through the front window, he lived
but he couLdn't be one
on the second floor,
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And I had asked him
hundred percent sure.
and knock again because I
to go upstairs
Broschart felt good about
think Lieutenant
saying he was uPstairs
Meaning that Broschart was
A.
was there?
that Schoolcraft
confídent
but he felt
He wasnrt confident
A.
in his
good thaÈ he might be upstairs
apartment.
This rePort back bY Broschart,
A.
thís happened as the 4 to L2 tour was

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coming in, right?
No, when the 4 to L2 tour comes
A.
ín usually about 3, 3:15, thatrs when I
so it took
Broschart,
approached Lieutenant
time for hím to get dressed and do his roll
call duties and make hís \ilay to the house.
So the time frame for that, I couLdn't
put one on.
really
What !ûas your tour t'hat daY?
A.
I started at 6:00 in the morning.
A.
IVhen was your tour scheduled to
A.

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end?

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At that time that you were
A.
heading over to Schoolcraftts
residence,
were you operating under your own
ínitiative
or had somebody given you that
order?
MS. METTHAM: Objection.
A.
No, I was operating under my own
inítiative.
Vühat, happened when you got to
A.
SchooLcraftr s residence?
I made an attempt on knocking on
A.
the door r yelJ.ing f or Adrian to come out
and taLk to ilê r which there wasntt any
response.
I spoke, briefly,
I think with
the landlord
and then I waíted the arrivaL
of Inspector MaurieLlo and Chief Marino.
How did you know Marino was
A.
coming?
MS. METTHAM: Objection.
You
can answer.
A.
He told me that he lvas f oI lowing
me there.
Vühen you got to the street, where
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SchooLcraft's
residence was / who eLse was
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at the scene?
From what I could remember, there
A.
was the Patrol Sergeant from the L04
myseJ-f ,
He had his driver,
Precinct.
Chief Marino and then
Inspector MaurielIo,
I don't know when they started to arrive,
Emergency Service was there, the EMTrs were
there.
about the time that
Irm talking
A.
By the time you got to the
you arrived.
residence nas,
street where Schoolcraft's
who else was there at that time?
Right' when I got there, it was
A.
the Patrol Supervisor
Broschart,
Lieutenant
He may
his driver.
from the 104 Precinct,
have had another sector car there with two
around, I'm not one hundred
other officers
percenf sure.
You said you sPoke to Èhe
A.
Landlord?
A.

Briefly.
MaIe or female?
A.
Although I assume that
Male.
A.
wife was there, aLso.
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Iüho gave You the keY?
The landlord.
Iühich one; the man or the woman?
A.
I don't know, I dontt know.
A.
Did they Put it
O.
MS. METTHAM: The witness did
not f inish.
I don't even know if theY exactlY
A.
gave it to me or the LieutenanÈ.
So when you got to the residence,
9.
you went to the door . TIhen you sâY, rrYou
to
went up to the doorr'r you went upstairs
right?
the second floor,
Yes.
A.
How did you get past the fírsÈ
A.
door on the street Ievel?
It was opened aLready.
A.
After you knocked on the door,
A.
what did you do?
ThaÈ's when I think I went down
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At that point,
to the see the 1andlord.
don't know the sequence of the events;
then I
whether I met the landlord first'
and knocked, then he came
went upstairs
A.
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Not that I reca1l.
Do you recalL how the key was
A.
obtained to his door?
MS . METTHAM: Obj ection . Asked
and ans!úered. You can answer again.
A.
Got, it from the LandLord.
I know that but do You remember
A.
got it in hand from the
who actually
landlord?
Yeah, I donrt remember.
A.
Then what happened after You got
A.
ItIiIe goÈ the key f rom the landlord, r'
what happened?
MS . MEIITHAM: Ob j ectíon
I don't know the order of events,
A.
how we came together and made the decision
that we vrere going to make entry ínto his
It was decided that
house using the key.
the Emergency Service guys would go in
hís key.
utilizing
first
How were they dressed, the EMS
A.
guys, Emergency ESU guys?
Asked
MS . METTHAM: Obj ection .
You can answer again.
and ans!iler.
A.

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That I could see no Physical
on him.
concerns the
Vüere disciplinary
A.
onJ.y reason you entered Adrian Schoolcraft
apartment on October 31st 2009?
No, they werenrt.
A,
MR. SMITH: Objection.
Tfhat other reason led you and the
A.
to enter hís apartment on
other officers
October 31st 2009?
MR. SMITH: Objection.
Leading.
MS. METTHAM: How is that
1 eadi ng ?
MR. SMITH: Youtre suggesting
the answer to him.
To be sure that Adrian
A.
okay and that he
!ìras physically
Schoolcraft
had not hurt himself.
MS. METTHAM: Mr. Smith, if
you wanÈ to take another five minutes.
MR. SMf TH: I thought you tol-d
me I was done.
MS. METTHAM: You have already
A.
injuries

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