Schoolcraft v. The City Of New York et al

Filing 308

DECLARATION of NATHANIEL B. SMITH in Support re: 305 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit REDACTED, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit REDACTED, # 7 Exhibit REDACTED, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit REDACTED, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit REDACTED, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit REDACTED, # 20 Exhibit)(Smith, Nathaniel)

PLAINTIFF'S MOTION
EXHIBIT 12

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A.

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form,

5

A.

M.D.

completed this
2009.

How do you know that you

completed this

6

7

The day that I

which was April 15,

Q.

4

LAMSTEIN-REISS,

form April

'Cause that's

15,

2009.

the date

I

wrote

on i t .

8

Q.

Where are you referring to?

9

A.

The bottom left part of the

10

page.

Q.

11
12

To the left of my name and signature.

wrote

Is

that the date that you also

the diagnosis,

13

MS.

14

Objection.

15

A.

Yes.

16

Q.

And is

stress anxiety?

17

under the words
A.

18

Yes.

PUBLICKER METTHAM:

that your handwriting

treatment recommended?
Everything below --

19

everything below where i t says

20

a

21

consultant's

4/13/09 assigned to psych AK.

report is my handwriting except for

Q.

22

the

Could you please read slowly

23

into the record what your handwriting is

24

under

25

the entry treatment recommended?

A.

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Yes.

That's actually clear

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handwriting this

3

to.

4

stands for

5

improve coping skills and reduce physical

6

symptoms of stress.

7
8

time.

Okay,

but I'm happy

Psychotherapy recommended CBT,
cognitive behavioral

Q.

What's

which

therapy to

the entry below that

under the prognosis?

9

A.

Good with treatment.

10

Q.

What was

11
12
13

the treatment that you

were recommending?
A.

As

stated above that,

recommended cognitive behavioral

14

Q.

15

Is

I
therapy.

that talk therapy

essentially?

16

MS.

17

Objection.

18

A.

PUBLICKER METTHAM:

It is more specific than that.

19

It works on your thoughts,

your behaviors,

20

your physical reactions and how those things

21

all affect each other,

22

was recommending stress management training

23

to learn the ways of reducing physical

24

manifestations of stress,

25

psychological manifestations of stress.

and in this case,

as well as

I

the

_______ j

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I t ' s actually teaching specific skills

3

that's not as

4

just go talk about what's bothering you.

Q.

5

simple as

just,

i t ' s not like

When you wrote this entry,

how

6

much treatment did you anticipate would be

7

required?

8

MS.

9

Objection.
A.

10

PUBLICKER METTHAM:

That would be between him and

11

the treatment provider.

12

treatment.

13

We don't mandate

it.

Q.

14

We never mandate.

Okay,

well,

15

treatment,

how long a

16

We recommend

when you recommended

were you recommending?

17

MS.

18

Objection.

19

A.

course of treatment

I

PUBLICKER METTHAM:

was

recommending providers who
thought

do a

21

that would be most helpful

22

would be between him and the provider.

23

Typically,

24

of treatment compared to other things.

25

certain type of therapy.

I

20

Q.

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CBT tends

to him and that

to be a

How long is

shorter course

the CBT course of

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necessarily fitness

for duty issues.

That

3

for his own sake would be good to discuss

4

with a

therapist should he want too.

5

I

also recommended he see a

6

psychiatrist for an evaluation

'cause two

7

different doctors had prescribed psychiatric

8

medication to him.

9

and one he hadn't started and i t wasn't

One he finished taking

10

clear to me why one of those was prescribed

11

and,

12

think i t ' s better if someone sees a

13

psychiatrist for psychiatric medication

14

instead of their primary doctor.

15

16

I

just,

Q.

as a matter of course always

Did you tell Schoolcraft that he

didn't need medication?

17

MS.

18

Objection.

19

A.

20

I

PUBLICKER METTHAM:

told him that after he told me

not at the first appointment.

I

told him

21

that at the second and third appointment

22

when he told me he no longer had no

23

symptoms.

24

25

Q.

So you did tell him that he

didn't medication,

right?
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MS.

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Objection.

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A.

M.D.

5

where he

6

resolved.

7

first

I

told him that at the point

told me

the symptoms had already

That's

not what

I

told him

the

time

Q.

8
9

PUBLICKER METTHAM:

No,

I

wasn't asking you

particular time.

10

you did tell

11

medication

him

I

MS.

13

A.

opinion;

is

that

right?

Objection.

14

saying ultimately

that he didn't need

in your

12

was

about a

15

told him both at different

times.

16
17

I

PUBLICKER METTHAM:

Q.

On one

occasion you

didn't need medication;

18

A.

That's

19

Q.

What was

20
21
22
23

is

told him he

that right?

correct.
the date

of

that

occasion?
A.

At some point in July

'09

and

late October of 2010.
So,

Q.

24

occasions

25

medication,

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you

told him on

two

that you didn't think he

needed

right?
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A.

Yes,

Q.

And after we broke for

based on his

self-report to

me.

4

5

just clarified that you made three

6

recommendations

7

just did;

lunch you

is

to him and that's

what you

that right?

8

A.

Correct.

9

Q.

Did

I

ask you before

the break

10

to tell me what recommendations you gave

11

him?

12

A.

I

13

Q.

And you

14

clarifying a

15

and you had answered?

A.

16

thought you did.
thought that this was

question that I

Yes.

had asked you

Because you had -- what I

17

recall

is you asking me how long I

18

this

19

answering that

20

treatment specifically for

21

symptoms of stress,

22

my recommendation that he,

23

to,

24

in his

25

ideally would be longer term.

thought

treatment would last and in my
I

was

referring to

the physical

which is different from
should he want

continue longer to discuss

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life.

the

other things

That would be something that
So

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medication.

3

other reasons,

4

Sometimes

5

antidepressants,

6

uses.

7

prescribed unless

8

medications have tried and failed or given

9

for psychosis or bipolar disorder.

such as bipolar disorder.

i t ' s given in addition to
could be other off label

Typically,

Q.

10

I t ' s sometimes prescribed for

not the only medication
that's

As April 15,

-- other

2009,

did

11

Schoolcraft present to you as

12

was suffering from some sort of psychosis?

13

MS.

14

Objection.

15

A.

somebody who

I

PUBLICKER METTHAM:

did not observe any psychotic

16

symptoms.

17

he was psychotic.

Q.

18
19

So i t did not appear

Did i t appear

to me that

to you at any time

that he was psychotic?
A.

20

Later on in the case I

21

wonder i f that was

22

sure.

23

looking back on i t .

24
25

the case and I

began to

That's one of the theories

Q.

was not
I

have

When did you start wondering

about whether or not he was psychotic?

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Q.

Is

3

A.

That is correct.

that correct?

4

knows what he told me.

5

believes

6

and a

that,

M.D.

Because he

So if he really

that would be a

l i t t l e odd

reason to question i t .

Q.

7

Right.

But he did tell you that

8

he believed that the supervisors at the 81

9

were putting improper to pressure on him to

10

keep the numbers up?

11

MS.

12

Objection.

13

MR.
A.

14
15

KRETZ:

Objection.

He told me that's what he

believed,

yes.

Q.

16

PUBLICKER METTHAM:

He told you that's what he

17

believed.

18

suffering from a physical manifestation of

19

stress,

20

A.

Yes.

21

Q.

And your opinion was

In fact,

in your opinion,

he was

right?

those

22

physical manifestations of stress were

23

derived from stress he was

24

job,

receiving on the

right?

25

MS.

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Objection.

3

MR.

M.D.

KRETZ:

Objection.

4

A.

On and off the

5

Q.

But nevertheless,

one of the

6

stress factors

7

having the fact

8

reporting misconduct by his supervisors;

9

isn't that right?

10

MS.

11

MR.

in your opinion,

he was

that he was in his mind

Objection.

12

that,

job.

PUBLICKER METTHAM:

KRETZ:

Objection.

13

A.

No.

14

Q.

Let me ask you a

question did

15

Schoolcraft tell you that he was getting

16

pressure to issue summonses improperly at

17

the 81?
Objection.

18

MR.

KRETZ:

19

MS.

PUBLICKER METTHAM:

20

Objection.

21

A.

He told me he was getting

22

pressure to increase his activity in ways

23

that he thought was not proper.

24

tell me that he had made any kind of

25

complaints about that.

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He did not

He told me he only

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made a

3

performance evaluation and a

4

M.D.

complaint contesting his annual

them taking his memo book.
Q.

5

complaint about

He did not complain to you about

6

what he perceived as retaliation by his

7

supervisors at the 81 Precinct?

8

MR.

KRETZ:

9

MS.

PUBLICKER METTHAM:

10

Objection.

11

A.

Objection.

He did not tell me that he made

12

any kind of formal

13

That he made any kind of complaint

14
15

Q.

complaint about that.

Did he tell you that he was

getting retaliated against by supervisors?

16

MS.

PUBLICKER METTHAM:

17

Objection.

18

A.

Yes.

19

Q.

When did he tell you that?

20

A.

The first

time I

21

Q.

April 13,

2009?

22

A.

Right.

saw him.

That he thought they

23

were mad at him for contesting his

24

evaluation.

25

Q.

212-267-6868

All right,

can you turn to the

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just know what our procedures are.

Q.

So,

Schoolcraft's gun was

not

4

removed because he had indicated to you or

5

anybody else in your department any

6

dangerous propensities,

right?

7

MS.

PUBLICKER METTHAM:

8

Objection.

9

A.

Correct.

10

Q.

He didn't articulate

to you any

11

ideation of hurting himself or others,

12

right?

13

A.

Right.

14

Q.

And he didn't present to you any

15

ideas of hurting others,

right?

16

A.

Right.

17

Q.

And the restrictions

18

that were

placed on him were what?

19

MS.

20

Objection.

21

A.

PUBLICKER METTHAM:

No firearms,

no outside duties,

22

no patrol duties or any kind of outside

23

enforcement duties.

24
25

Q.

How long was

that status

imposed

on Schoolcraft?

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you had evaluated and met with Schoolcraft?

3

A.

Yes.

4

Q.

And told him that during the

5

conversation that you had with him on

6

October 31st?

7

A.

Yes.

8

Q.

What else did you tell Captain

9

Lauterborn?

10

A.

He was asking me i f there was

11

any reason to be concerned about the fact

12

that he went AWOL and that he seemed to be

13

upset and said he had stomach pains and

14

should they be concerned,

15

look for him,

16

Typically,

17

said he wasn't sure they wanted to suspend

18

him,

19

psychological problem as opposed to a

20

disciplinary one and so he wanted to consult

21

with me.

make sure he's okay.

in that situation they do.

because

22

do they need to go

they thought this was more of a

I

told him that as of the last

23

time I

saw him,

24

earlier,

25

danger to himself or others.

I

He

which was a

few days

had no reason to think he was a
Never

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desk?

3

A.

Correct.

4

Q.

All

5

A.

It will be more clear as

right,

please continue.
I'm

6

reading through the notes,

7

that the part about possibly not suspending

8

him because they thought i t might be more of

9

a

psych problem,

but i t ' s possible

that may have come

10

secondhand through Sergeant Kloos.

11

came directly,

12

notes.

13

If i t

i t would be the rest the

Telephone contact with Captain

14

Lauterborn.

15

today at TS all day,

16

switchboard all day.

17

typically keeps

18

much with other officer and did same

19

Nothing seemed out of ordinary.

20

he went down to locker room,

21

then put a

22

and said going sick.

23

stomach pain.

24

but he

25

has made allegations against others.

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MOS doing a

to

7

to

3

day tour

meaning telephone
All was

fine.

He

self and doesn't converse
today.

2:00 p.m.

changed and

sick report on sergeant's desk
He wrote

that he had

Sergeant tried to stop him,

left anyway.

Underlying issues.

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Department's investigation of these

3

allegations picked up this week and i t

4

snowballed from there.

5

P.O.'s and two civilian people were called

6

down for questioning.

7

and asked about i t .

8

telephone message log,

9

going.

This week about four

MOS goes up to

them

Notifications are in
so he knows who is

When they return,

he tries

to

10

intercept them and get information from

11

about what he was asked -- about --

12

should have been what they were asked.

13

that thought the person was a

14

that's what i t says what he was asked.

15

Today was first

16

sure what happened today that triggered him

17

to leave like that.

it

peers,

Or

Anyway,

he.

tour back after RDOs.

Delegates,

18

them

Not

sergeants and

19

Captain Lauterborn all left him messages and

20

asked him to go back to command.

21

lieutenant is at him home.

22

there.

23

there earlier.

24

footsteps

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car is

Landlord said MOS may have been
Can usually hear MOS's

when home.

MOS

Next entry,

25

His

A

I

not home.
left a

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