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)

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PLAINTIFF'S MOTION
EXHIBIT 7

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Page 255
M.

1
MS.

2

PUBLICKER METTHAM:

Objection.

3

You can answer.

4

5
6

Marino

A.

That's one of the procedures

that might allow you,
Q.

7

Well,

yes.

at the time

that plan for

that you

8

made

that course of

9

action that you've already testified

10

about,

11

the authority to do that based on

12

patrol guide governing emotionally

13

disturbed people?

14

A.

did you understand that you had

I

wasn't thinking about

15

patrol guide.

16

Schoolcraft's

Q.

17

I

was

the

the

thinking about

safety.

So when you testified about

18

the patrol guide procedure for

19

emotionally disturbed people for

20

warrantless entry for exigent

21

circumstances and to protect life,

22

those were considerations that came

23

into your mind after

24

fair

25

is

that

to say?
MS.

212-267-6868

the event;

PUBLICKER METTHAM:

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Page 256
1

M.

Marino

Objection.

2

You can answer.

3

4

A.

That's

only an answer

5

question as

6

into an apartment like that.
At

7

8

to what authority

that time,

none

I

to your

of

can go

that

was on my mind.

Q.

9

At

the

time

that you entered

10

into that plan,

did you believe that

11

Schoolcraft was

an EDP?

A.

12

Yes,

I

I

did.

13

a

possibility of i t .

14

was a

15

believe i t was

And I

believe i t

already harmed himself.

possibility that he may have

16

Q.

What is an EDP?

17

A.

An emotionally disturbed

18
19

person.

Q.

And how is an emotionally

20

disturbed person defined in your mind?

21

How do you know you've got one?
MS.

22
23

Objection.
You can answer.

24
25

PUBLICKER METTHAM:

A.

212-267-6868

By my experience are you
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Page 257
M.

1
2

asking,

Marino

sir?

3

Q.

Yes.

4

A.

By a

5

irrational

to

6

cause damage

7

else?

9

believe

is

acting

the point where
to

they may

themselves or

someone

And in what way did you

Q.

8

person who

that Schoolcraft was

10

while you were on

11

of his

12

A.

the

an EDP

landing outside

apartment?
Based upon what
the

lot.

I

had been

The previous

13

told in

14

psychological history.

15

way he

16

orders,

17

act,

18

answering his phone and refused to

19

answer.

20

were police officers all

21

house and on his

22

there had been no movement heard in

23

last hour.

24

Q.

Anything else?

25

A.

No.

Based upon

the

left the precinct against
which would be an

based upon

the fact

irrational
that he was

Based upon the fact

that there

around his

stairs knocking,

and
the

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Page 258
M.

1

3

What made you think that he

Q.

2

was a

Marino

danger to himself or others?

4

A.

From what I

5

Q.

Did you have any information

6

just told you.

that he had threatened to hurt himself?

7

A.

No.

8

Q.

Did you have information that

9

he threatened to hurt anybody else?

10

A.

No.

11

Q.

What information about his

12

previous psychological history did you

13

have?

14

None,

A.

just that he had been

sent to psych services and that

15

to

16

apparently he had some type of problem.

17
18

~Q.

Who

told you he was

sent to

psych services?

19

A.

20

house.

21

Q.

22
23

24
25

was

One of the gentleman in the

Did you they tell you when he

sent to psych services?
A.

previous

Q.

212-267-6868

No,

just that i t had been

to this.
Did anybody tell you that
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