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
EASTERN DISTRICT OF NEW YORK

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ADRIAN SCHOOLCRAFT,

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-against-

PLaintif f
Index No.

l0crv-6005

,

(Rws)

THE CrTY OF NEW YORK, DEPUTY CHrEE
MICHAEL MARINOf Tax Id. 87322O1
and in his OfficiaL
IndividualJ.y
CapaciÈy, ASSISTANT CHIEF PATROL

BOROUGH BROOKLYN NORTH GERALD NELSON,
and in his
Tax Id. 9L237 0 , IndividualJ.y
DEPUTY INSPECTOR
Capacity,
OfficiaL

STEVEN MAURIELLO, Tax Id.

895LL7
Official

,

and in his
IndivídualIy
CAPTAIN THEODORE LAUTERBORN¿
Capacity,
and in his
Tax Id. 89784O I Individually
LIEUTENANT,IOSEPH
Capacity,
OfficiaL
cOFF, Tax Id. 894025 , IndividuaJ.J-y and
stg. Erederick
Capacity,
in his Official
IrldividuaJ-J.y
Sawyer, ShieId No. 257 6,
SERGEANT
and in his Of f icial- Capacity,
KURT DUNCAN, Shield No. 2483 |
and in his OfficiaL
Individually
LIEUTENANT TIMOTHY CAUGHEYf
Capacity,
and in his
Tax Id. 885374 ¡ IndividuaJ.ly
SERGUANT SHANTEL
Capacity,
Official
JAMES, ShieLd No. 3004, and P. O. rs "JOHN
DOEtr 1-50, IndividuaJ-J-y and in their
of f iciaL Capací ty ( the name ,Iohn Doe
as the true names are
being fictitious,
referred
presently
unknown) (coLLectively
.TAMAICA
to as "NYPD defendants"),
HOSPITAL MEDICAL CENTER/ DR. ISAK ISAKOV,
and in his Official
IndividuaIJ.y
DR. LILIAN ALDANA-BERNIER/
Capacíty,
Capacity
and in her OfficialIndividuaJ.ly
and ,IAMAI CA HOS P I TAL MED I CAL CENTER
EMPLOYEES 't.7OHN DOE" # 1-50, Individually
(Continued)
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Capacity (the name
and in their Official
as the true
John Doe being fictitious,
names are presentJ.y unknown),

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Defendants.
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-x
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444 Madison Avenue
New York, New York
December 20, 20L3
10:16 a.m.

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VIDEOTAPED DEPOSITION Of DEPUTY
INSPECTOR STEVEN MAURIELLO, one of the

action,
Defendants in the above-entitled
held at the above time and pIace, taken
before Margaret ScuLIy-Ayers I a Shorthand
Reporter and Notary PubIic of the State
of New York, pursuant to the Federal
Rules of Civil
Procedure.
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APPEARANCES:

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NATHANIEL SMITH / ESQ.

Attorney for Plaintiff
111 Broadway
New York, New York 10006

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JOHN LENOTR, ESQ .

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Attorney for Plaintiff
829 Third Street NE
Tlashington, DC 20002

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SUCKLE SCHLESINGER PLLC

Attorneys for Plaintiff
224 West 35th St,reet
Suite L20O
New York, New York 10001

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BY:

NOT PRESENT, ESQ.

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MTcHAEL A. CARDOZO, ESQ.
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Counsel
Corporation
Attorneys
for Defendant
THE CITY OF NEVü YORK
100 Church SÈreet
New York, New York 10007
BY: SUZANNA PUBLICKER METTHAM

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ESQ.

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APPEAR.ANCES CONTINUED

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ScoPPETTA/ SEIFF, KRETZ & ABERCROMBIE,
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ESQS.

Attorneys
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for

Defendant

STEVEN MAURIELLO

444 Madison Avenue
30th FIoor
New York, New York L0022

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BY:
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WALTER A. KRETZ, JR. , ESQ.

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MARTIN, CLEARTìTATER & BELL, LLP
Attorneys for Defendant
JAMAICA HOSPITAL MEDICAL CENTER
220 42nd Street
13th Floor
New York, New York 10017

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BY:
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BRIAN OSTERMAN, ESQ.

FiLe # 667-821s3

rvoNE, DEVINE & JENSEN, LLP
Attorneys for Defendant
DR. TSAK TSAKOV
2OOt Marcus Avenue
Suite N100
Lake Successf New York LtO42
BY: BRTAN E. I,EE, ESQ.
(Appearances continued

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APPEARANCES CONTINUED

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CALLAN, KOSTER, BRADY & BRENNAN, LLP
AttorneyE for Defendant
LILIAN ALDANA-BERNIER
Street
One Vlhitehall
New York, New York 10004
BY :
MATTHEW KOSTER, ESQ.
Fite # 090.155440

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ALSO PRESENT: MAGDALENA BAUZA
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STIPULATIONS

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IT IS HEREBY STIPULATED AND AGREED/ bY
and among counseL for the respective
parties
hereto, that the filing ' sealing
of the within
and certification
shaII be and the Eame are
deposition
hereby waived;
IT IS FURTHER STIPULATED AND AGREED
except as to form of
that alI objections,
shall be reserved to the
t,he question,
time of the trial;
IT TS FURTHER STIPULATED AND AGREED
may be signed
that the within deposition
before any Notary Public with the same
as if signed and svtorn
force and effect
to before the Court.
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M A U R r E L L O, the
s r E v E N
fÍitness herein, having f irst been duly
sworn by the Notary Public, was examined
as follows:
and testified
EXAMINATION BY MR. SMITH:
What is your name?
A.
Steven MaurieLlo.
A.
Where do you reside?
A.
One PoLice P]-aza, New York, New
A.
York 10038.
MR. SMITH: We are going on the
The Witness has been sworn.
record.
I put the recording of the video on.
And do we have any
preliminaries?
MR. KRETZ: I have one comment:
is in
While InspecÈor MaurieIIo
uniform today, I just want you to know
a rùeapon of any
he i s not carrying
kind so no need to be concerned about
its Location or any access of use of
it.
MR. SMITH: Okay. Thanks for
t,hat heads -up
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s. MAURTELLO
NeLson and that Led me to some questions
learned about
about when you first
things so I will folLow up with
certain
that.
time that
When was the first
had
Schoolcraft
you learned that Officer
his gun removed?
I Èhink when he came back to
A.
day.
work, the first
ïfhen was that?
C.
March 6, ApriJ. he knocked on my
A.
door, he came in, t'Hi , Adrian, how are
you feeling.
He said to mêr ftI don't
know why they took my gun and shiel,d.
Could you can find out for me?rr I said,
rrNo problem.r'
He Ieft.
I calLed medical division.
They told me there was a medical reason
They couldnrt
tell me.
why they took it.
That r{as it.
That was the first
that you
A.
learned that he had his gun removed?
Yes, ít is.
A.
learned about
TÍhen you first
A.
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