Schoolcraft v. The City Of New York et al

Filing 305

MOTION for Summary Judgment . Document filed by Adrian Schoolcraft.(Smith, Nathaniel)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ADRIAN SCHOOLCRAFT,
Plaintiff,

10-CV-6005 (RWS)

-againstNOTICE OF MOTION
THE CITY OF NEW YORK, et al.,
Defendants.
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PLEASE TAKE NOTICE that upon the Memorandum of Law, dated
December 22, 2014, the Plaintiff’s Rule 56 Statement and its attached Exhibits, and
the papers and proceedings heretofore had herein, the Plaintiff will move this Court,
on a date to be set by the Court, for an order pursuant to Rule 56 of the Federal Rules
of Civil Procedure for the following relief and for such other and further relief as the
Court deems just and proper:
(1) dismissal of Defendant, Deputy Inspector Steven Mauriello’s counterclaims for
tortious interference with his employment relationship and for prima facie tort on the grounds
that there is no evidence to support several of the essential elements of those claims;
(2) a judicial determination as a matter of law that the NYPD defendants’ warrantless
entry into Officer Schoolcraft’s home on October 31, 2009 violated the Fourth Amendment’s
search and seizure provisions and that the NYPD defendants who made that entry lacked any
specific and objectively reasonable basis that could justify their warrantless entry into Officer

Schoolcraft’s home;
(3) a judicial determination that the defendants’ conduct in entering, remaining in,
and re-entering, Officer Schoolcraft’s home, in assaulting and handcuffing him, and in
detaining and forcing him to Jamaica Hospital as an “emotionally disturbed person” violated
Officer Schoolcraft’s constitutional rights and that no objectively reasonable grounds exist that
could justify the defendants’ conduct or their determination that Officer Schoolcraft was an
“emotionally disturbed person;” and
(4) a judicial determination that the forced and involuntary hospitalization of
Officer Schoolcraft by Jamaica Hospital and Doctors Bernier and Isakov violated Officer
Schoolcraft’s rights by involuntarily committing him without any determination that there was a
substantial risk that he was dangerous, as required by law.

Dated: December 22, 2014
New York, New York
LAW OFFICE OF
NATHANIEL B. SMITH
s/NBS
______________________________
Nathaniel B. Smith
111 Broadway, Suite 1305
New York, New York 10006
[phone]
Attorney for Defendants

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