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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RASHEENA HUFFMAN
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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Page 68
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?
212-267-6868
supervisor has to
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1
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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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Page 72
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
~
212-267-6868
My question is did you hear you
_j
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2
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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Page 74
••
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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Page 78
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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Page 79
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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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Page 80
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
i
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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Page 83
1
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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RASHEENA HUFFMAN
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
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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RASHEENA HUFFMAN
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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