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 13

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Page 66

1

RASHEENA HUFFMAN

1

2

exchange between you and Schoolcraft,

3

the second one.

4

know whether or not your copy is different

5

from my copy?

So I

not

was wondering if you

6

MS.

PUBLICKER METTHAM:

7

Objection.

8

that was played for

9

produced in the course of the

I

will state that the copy
the sergeant was

10

discovery.

11

A.

Can I

say something?

12

Q.

Yeah,

of course.

13

A.

Supposedly he passed me a
don't

property voucher and a

15

know which one was on top.

16

recall saying oh,

17

i t could have been because he passed me a

18

property voucher and then I

19

report.

20

Q.

I

sick report.

I

14

okay,

So I

but if I

see a

did say i t ,

sick

don't know.
Do you recall him coming up to

21

you that first time and saying I

22

well,

I

don't

don't feel

need to go home?
He said that,

yes.

23

A.

Okay.

24

Q.

Do you recall him saying that to

25

you?

1

I
I

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1

2

A.

I believe he said that.

3

Q.

Did you say something in

response to that?

4

A.

5

I
I

don't remember what I

6

response.

7

in my hand.

8

that's not what people do.

9

common.

10

Q.

said in

know that he put a sick report
I'm like sick report,

I

think I

you know,

That's not

have -- we have an

11

excerpt that we're going to play back.

See

12

if you can help us in what was said between

13

you and Officer Schoolcraft.

14

opening that up

While we're

15

A.

Okay.

16

Q.

-- let me ask you some more

17

I

questions about this entry in the command

18

log.

There's an entry here that says I

19

explained that if he's sick a

20

to approve.

supervisor has

Do you see that reference?

21

A.

Yes.

22

Q.

Okay.

What's that based on that

23

a supervisor has to approve if he's going

24

sick?

MS.

25

PUBLICKER METTHAM:

J
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RASHEENA HUFFMAN

1
2

Objection.

3

A.

Yes,

pretty much he can't -- an

4

officer can't just come and say I

5

well,

don't feel

I'm going sick and just leave.

6

Q.

Okay.

7

entry a

8

referring to yourself?

supervisor has to approve,

A.

9

When you put down this

Yes,

me,

you're

sick desk supervisor.

10

When you go sick if you want to go

11

administratively sick then you get

12

permission from the desk.

13

sick,

14

surgeon,

15

the medical division.

If you go regular

then you got to go to the district
which if you went regular sick to

16

Q.

I

just want to understand.

17

says here a

18

you referring to you having to approve or

19

somebody else having to approve him going

20

sick?

supervisor has to approve.

21

A.
Q.

No.

Were

Depends on what sick you go.

22

It

No.

What I

want to know is
You said that you

23

what's in your mind here.

24

explained to him that a

25

approve his request to go sick?

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supervisor has to

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Page 71

I

RASHEENA HUFFMAN

I

I

4

The proper way --

own.

Didn't he walk up to you say he

Q.

3

I

don't feel well,

5

though.

7

Q.

8

though,

9

need to go home?

That's not the way you do it,

A.

6

I

need

10

he said to you I

Q.

12

don't feel well,

I

He

A.

11

But I'm saying he did that

to go home;

is that right?

It's a yes or no.
A.

13

He didn't -- he did i t walking
He did not stand there and have a

14

away.

15

conversation civilly with me and let me know

16

that he was sick.

17

away.

18

away.

19
20
21

22
23

24

He did i t and walked

He gave me a

Q.

sick report and walked

So you don't think he was

Okay.

asking you for permission to go sick?
A.

No.

He

just said -- he stated

I'm sick.

Q.

And so you didn't approve his

request to go sick;
MS.

25

212-267-6868

is that right?

PUBLICKER METTHAM:

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RASHEENA HUFFMAN

1

2

Objection.

3

A.

He didn't request to go sick.

4

Q.

He didn't request to go sick --

5

A.

He stated he was sick.
MR.

6

You could answer.

SMITH:

So maybe we should

7

play this recording.

8

October 31,

9

Caughey menacing went sick.

10

This is DS 50

2009 day tour Lieutenant
It starts

at 7:1946.
(Whereupon,

11

12

a tape recording was

played.)

13

MS.

14

time did i t stop?

15

MR.

16

Q.

18

say to you I

19

SMITH:

What

It stopped at

720.28.

17

PUBLICKER METTHAM:

home?

Did you hear Officer Schoolcraft
don't feel well,

I

need to go

20

A.

I

21

Q.

Did you hear yourself responding

22

oh,

23

24
25

okay?
A.

I

heard him say that there.

When I

-- if I

said oh,

okay,

I

did not

~
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My question is did you hear you

_j

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RASHEENA HUFFMAN
say
A.

3

4

He dropped i t on my lap and kept

walking.
Q.

5

Ma'am,

we are going to be here

6

until next week if you don't answer my

7

questions.

8

I

Okay.

just played a

So my question to you is

recording

9

A.

And I

10

Q.

And my question to you is did

11
12

--

you hear you saying oh,
A.

Okay.

okay?

If I

said oh,

okay,

he's

13

dropping the slip report on my lap and

14

keeping walking away.

15

to go sick or if you're not feeling well,

16

you want to go home and I

17

you dropped the report and keep walking,

18

that's not going sick the proper way.

If you say you wanted

say oh,

19

Q.

Did you say oh,

20

A.

Like I

21
22
23
24

25

said,

I

okay,

if

okay and

yes or no?

did not hear i t

clearly just now.
Q.

Would you like me to replay i t

again for you?
A.

i t wasn't that I

approved

the sick.

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1

RASHEENA HUFFMAN

2

Q.

3

All right,

well,

we will play i t

again for you so that you can hear it.

4

MR.

5

Q.

SMITH:

It starts at 720.20.

And my question to you is

6

whether or not you can hear yourself saying

7

oh,

8

asking you.

okay,

and that's the only question I'm

9

(Whereupon,

a

tape recording was

10

played.)

11

Q.

Did you hear yourself say oh,

A.

Yes.

12
13

okay
i

in response to Officer

14

Q.

15

Schoolcraft

16

A.

Yes .

17

Q.

-- saying I

18

don't feel well,

I

need to go home?

19

A.

Yes.

20

Q.

Thank you.

21

A.

He didn't say he wants to go
If he says he wants to go home he

22

sick.

23

could fill out a 28 report and go home.

24

don't have to go sick.

Q.

25

You did hear yourself saying oh,

J

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You

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RASHEENA HUFFMAN
okay to him in response

3

A.

4

report,

5

Yes,

Q.

not a

and he gave me a

sick

28.

You did hear yourself saying oh,

6

okay in response to him saying to you I

7

don't feel well,

8

correct?

I

need to go home;

9

A.

Yes.

10

Q.

Thank you.

is that

11

Can I

show you a

document that was previously marked as

12

A.

13

Q.

And he kept walking away.
Exhibit 28.

I'm sorry I

14

misspoke.

15

previously marked as Exhibit 26.

16

the sick report worksheet that Officer

17

Schoolcraft put on your lap on October 31,

18

2009?

I'm going to show you what's been

19

A.

Yeah.

20

Q.

Is

Is that

21

that your handwriting on the

top part of this document?

22

A.

Top part,

23

Q.

Is that your handwriting on the

yes.

24

second page of this exhibit on the

25

right-hand column?

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Page 77
RASHEENA HUFFMAN

1

2

MS.

3

Objection.

4

A.

I

PUBLICKER METTHAM:

I

You can answer.

If he had called the sick desk,

5

he would s t i l l have had to speak to a

6

supervisor and let them know that he was not

7

feeling well and then after that we would

8

call the sick desk and speak to the sick

9

desk and let them know that we have a MOS

10

that's,

either A,

11

precinct by EMS or going to a hospital and

12

is

requesting to go sick.

Q.

13

being treated at the

So the answer to my question is

14

no,

if he had called the sick desk that

15

still would not have been the proper way to

16

go sick;

17

is

that right.
MS.

PUBLICKER METTHAM:
i

i

18

Objection.

19

answered.

20

A.

21

22

I

Objection.

Asked and

!

You can answer again.
s t i l l had to check to see if

he called the sick desk.

Q.

What's that based on?

23

MS.

24

Objection.

25

A.

PUBLICKER METTHAM:
You can answer.

What happened?

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RASHEENA HUFFMAN

1

2

Q.

Where does that come from;

is

3

there a patrol guide procedure that says he

4

has to call the sick desk?

5

MS.

6

Objection.

7

A.

PUBLICKER METTHAM:
You can answer.

Then he have to call the sick

8

desk.

When you're home and you're not

9

feeling well,

you call the precinct and let

10

them know that you're requesting admin or

11

regular sick.

12

will authorize the admin sick and if you're

13

not feeling well,

14

that you're going regular sick and then you

15

go see the district surgeon the following

16

day,

17

district surgeon is going to determine if

18

you're going to be out sick.

19

don't need to go see the district surgeon.

20

The supervisor at the desk

you

just let them know

The

if you're going regular sick.

Q.

Admin sick you

Is i t possible for an officer

21

who is working inside the precinct to become

22

sick and go home or is there some --

23

A.

Yes.

It happen all the time,
If he

24

but they usually take lost time.

25

don't feel well then they go sick the next

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RASHEENA HUFFMAN

2

tour,

but if they're like having chest pains

3

or they really,

4

we call an ambulance of which is the bus to

5

the precinct and they will go to the

6

hospital and they will go sick from there.
Q.

7

really not feeling bad then

So one of the ways that Officer

8

Schoolcraft could have properly left the

9

precinct was to have taken lost time?

10

A.

He could have took lost time.

11

Q.

And that would have been a

12

proper way to leave the precinct;

13

correct?
A.

14

15

is that

If they were requesting lost

time

16

MS.

17

Objection.

18

A.

PUBLICKER METTHAM:

from me and I

could authorize

19

some lost time because he wasn't feeling

20

well.

21

likely have done or if he wanted to go sick

22

then I

23

precinct and then contact the sick desk and

24

he would have went sick and he would have

25

got a

212-267-6868

Which I

would have been more than

would have called the bus to the

sick report number,

SR number,

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RASHEENA HUFFMAN
2

into the log and let the department know

3

that he's out sick.

4

Q.

Didn't you offer him lost time?

5

A.

I

don't know.

I

didn't ask you about what he

6
7

8

He didn't request

lost time.
Q.
requested

9

A.

I

do recall

10

Q.

I

asked you whether or not

11
12

you offered him lost time?

A.

I

do recall --

I

believe I

13

recall offering him lost time when he came

14

back upstairs when P.O.

15

and bring him back to the desk --

16
17

Q.

Rudi went to get him

So you did offer him lost time,

right?

18

A.

I

recall that.

19

Q.

If he had said yes,

I ' l l take

20

lost time that would have been an

21

appropriate way for him to leave the

22

precinct;

23
24
25

A.

is that correct?
Yeah,

he fill

out a

28 slip,

I

sign i t and then --

Q.

212-267-6868

So the answer to my question is
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RASHEENA HUFFMAN

1

2

yes,

3

him to leave the precinct?

that would have been a proper way for

4

MR.

KRETZ:

5

MS.

PUBLICKER METTHAM:

6

Objection.

7

Q.

Is that correct?

8

A.

Yes.

9

Q.

In your entry in the command log

Objection.

Misstates prior testimony.

10

in the next line of the entry that we're

11

referring to,

12

he don't feel well do he need a bus or lost

13

time;

is

am I

correct that you say if

that what that entry says?

14

A.

Yes.

15

Q.

Okay,

so did you tell

16

Schoolcraft that he,

17

either should get a bus

or take lost time?

18

A.

Yes.

19

Q.

And a bus refers

20

coming,

21

A.

22

to an ambulance

correct?
That's the same thing.

Do you

need a bus.

23

Q.

24

And lost time refers

filling out a

25 I

A.

212-267-6868

28;

is

to him

that correct?

Yes.
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Page 82

i

I
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RASHEENA HUFFMAN

1

Q.

2

And the effect on the officer

3

taking lost time,

4 '

hours pay for

do they

just get less

that week?

5

MS.

6

Objection.

7

A.

8

9

books,

PUBLICKER METTHAM:

No.

If you have time on the

then i t won't affect your pay at all.

Q.

It will offset if you have time

10

on the books then you use up that time;

11

that right?

12

A.

Yeah.

is

Depends on if he was

13

leaving 14:00,

14

hour and a half lost time.

15

Q.

then he would be taking an

Further on the entry,

am I

16

reading i t correctly where i t says I,

17

referring to you,

18

just leave like that.

19

can't just leave like that is in quotes?

say Schoolcraft,

you can't

And Schoolcraft,

you

20

A.

Yes.

21

Q.

So those were words that you

22

spoke to Officer Schoolcraft;

23

correct?

24
25

A.

is that

Yes.

I

L ~-Q~·~~~~A_n_d~--y_o_u_m_a_d_e

b_a_s~e-d_j

___
t_h_e_s_e e_n_t_r_l._·_e_s
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RASHEENA HUFFMAN

I

2

on your recollection of what happened that

3

day,

4

right?
I

made the entry that day.

A.

5

Yes.

Q.

I

How much time elapsed between

6

time of the events reflected in the entry

7

and the making of the entry by you?

8

A.

I

don't recall.

9

Q.

You further say in the entry,

10

"he keeped walking and ignores me."

11

correct?

Is that

Is that what i t said?

12

A.

Ignores,

13

Q.

Did you say anything else to

A.

I

14

him?

15
16

yes.

don't recall saying anything

He kept walking.

else.

17

Q.

I'm sorry?

18

A.

I

19

else.

don't recall saying anything

He kept walking.
I'm not sure I

understand that

20

Q.

21

answer.

22

you can't just leave like that,

23

anything else to him?

24

A.

My question is,

I

did you say

asked him for lost time,

25[ __asked him _:_he--=ant
212-267-6868

other than saying

I

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1

2
3

4
5
6

Those things.
Right.

Q.

I

understand.

You've

already told me about those things

A.

No,

Okay.

I

don't recall

anything.

7

Q.

-- other than that --

8

A.

No.

9

Q.

And other than this entry here

10

that I

just read to you,

11

did you say

anything else to him?

12

A.

No.

13

Q.

After he left the precinct what

14

He left the precinct.

did you do?

15

MS.

PUBLICKER METTHAM:

16

Objection.

You could answer.

17

A.

18
19
20

I

believe I

notified Inspector

Mauriello.
How you notify Inspector

Q.
Mauriello?

21

A.

22

think I

23

believe I

called him on his cell phone.

24

believe I

went inbo his office and let him

25

know that he left.

212-267-6868

I

don't recall exactly.

went into his cell phone.

I'm not sure.

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I
I

don't

don't
I

Somebody,

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1

RASHEENA HUFFMAN

1

2

I

notified a

3

Inspector Mauriello or Captain Lauterborn.

Q.

4

5

higher boss.

I

think i t was

Do you remember how you notified

whoever i t was?

6

A.

It was verbally.

7

Q.

Was i t on the phone?

8

A.

Had to be.

9

You did not call someone on the

Q.
phone?

I

A.

12
13

didn't call

anybody on the phone.

10
11

I

don't remember calling nobody

on the phone.
Do you recall having a

Q.

14
15

discussion with somebody one-on-one with

16

Lauterborn or Mauriello that day?

A.

17
18
19

ago.

I

I

don't know.

It was five years

don't remember.

Q.

I

understand i t was five years

20

ago and I'm not trying to get you to

21

remember things

22

trying to get you to tell me what you

23

remember about the events,

24

extent that you have a

25

entitled to;

that don't happen.

okay,

I

am

and to the

recollection I

am

okay?
i

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1

2

A.

Hmm-hmm.

3

Q.

Can you remember what the next

4

thing that happened with respect to

5

Schoolcraft?

6

A.

7

notified a

8

and how I

9

10

I

know that I

supervisor,
did,

Q.

I

had to have

who exactly i t was

don't remember.

Did somebody tell you to call

the sick desk?

11

A.

Yes.

12

Q.

Who?

13

A.

I

14

believe i t was

Inspector

Mauriello.

15

Q.

You remember that part?

16

A.

I

believe.

17

Captain Lauterborn.

18

exactly who i t was,

19

check to make sure that if he went sick,

20

he out sick,

21

Q.

22
23

I

It could have been
don't remember

but I

had to call to
was

what's going on with him.
And what was the next thing you

remember doing with respect to Schoolcraft?
A.

I

believe I

had to call his cell

24

phone or his house phone and see if can get

25

him back to come to the precinct and do i t

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