Schoolcraft v. The City Of New York et al

Filing 310

FILING ERROR - DUPLICATE DOCKET ENTRY - 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, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Smith, Nathaniel) Modified on 12/24/2014 (db).

PLAINTIFF'S MOTION
EXHIBIT 29

Page 139
F.

1

Q.

2

M.

SAWYER

What was your understanding

3

about the assignment this

4

on Schoolcraft:

5

situation,

6

other situation?

or some

PUBLICKER METTHAM:

Objection.

8

You can answer.

9

A.

10

11

to go s i t

that an arrest

an EDP situation,

MS.

7

Was

time

I t was my understanding this

was an EDP situation.

12

Q.

Who

13

A.

I

14

Q.

Was Miller also carrying a

15

told you that?

don't recall

who.

firearm?
A.

To

18

Q.

Did he also have cuffs?

19

A.

I

20

Q.

Did he have a

21

A.

Yes.

22

Q.

Did he have any other equipment

16

17

the best of my knowledge,

he

was.

don't recall.
badge?

23

with him?

24

A.

I

25

Q.

Who did you first encounter

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don't recall.

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Page 140
F.

1

2

when you got

to

M.

SAWYER

the hospital?

3

A.

Sergeant Shantel

4

Q.

Where did you encounter her?

5

A.

In

6

Hospital

the

confines of

the

Q.

And what did she

8

A.

She made a

tell you?

statement

Q.

What did she

11

A.

She

told me

say?
that he was

12

handcuffed to

13

nearly ran over other patients

14

people

15

Q.

What else did she

16

A.

I

17

Q.

Was

18

during

19

with

21

to me

about Schoolcraft.

10

20

Jamaica

emergency room.

7

9

James.

the portable bed,

that were

this

and he
and other

in the hospital.

don't recall

say to you?

anything else.

there anybody else present

conversation

that you had

James?

A.

There was another police

officer with her.

22

Q.

Who was

23

A.

Officer Sadowski.

24

Q.

Where was Miller during

25

that?

this

discussion?

212-267-6868

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Pa~
F.

1

M.

SAWYER

2

A.

He was with me.

3

Q.

So he was part of this

4

conversation too?

5

A.

Yes,

6

Q.

When you got to

7

you,

8

discussed the

yes.

and Miller,

the hospital,

Sadowski,

situation,

and James

right?

9

A.

That's

correct.

10

Q.

And do you recall anything else

11

being discussed during this

initial

12

discussion between the four

of you?

13

A.

No.

14

Q.

What happened next?

15

A.

I

16

I

--

I

observed

Schoolcraft talking on a

Q.

17

How much

James

telephone.

time elapsed between

18

when

told you that he had nearly

19

ran over a

20

hospital and your observing of

21

Schoolcraft being on the phone?

patient and others at the

22

A.

I

23

Q.

How long had you been at the

don't recall offhand.

24

hospital and observed Schoolcraft on the

25

phone?

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Page 142
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2

A.

3

Q.

--

SAWYER

point.

4

I

M.

several minutes at that

As of the

time that you saw

5

Schoolcraft on the phone,

6

discussions with Schoolcraft with anybody

7

else other than

8

James?
MS.

9

10

13
14

this discussion with

PUBLICKER METTHAM:

Objection.
You can answer.

11
12

had you had any

A.

Just Lieutenant Jones

telling

me he was at the hospital.

Q.

So when you got to

the

15

hospital,

16

with any of the staff or anybody else

17

working at Jamaica Hospital before you

18

saw Schoolcraft on the phone;

19

right?

20

A.

21
22
23

you didn't have any discussions

I

is

that

don't recall discussing

this

with anybody there.

Q.

What happened after you saw

Schoolcraft on

24

A.

25

I

the phone?

ordered him to get off the

phone.

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Page 143
F.

1

2

M.

SAWYER

Q.

3

Why did you do

A.

1

Because based on

that?
the

statement

4

that Sergeant James had given me,

5

determined that he might be a

6

the other hospital patients,

their

7

families,

well

8

staff;

9

to double

10

no

their visitors,

and I

determined that

cuff him to

Q.

Was

I

to

as

was

going
could

the bed.

your observation of

12

Schoolcraft being on

13

time

14

to

the phone

the f i r s t

that you observed him when you got

the hospital?

15
16

danger

the bed so he

longer walk around with

11

as

I

MS.

PUBLICKER METTHAM:

Objection.

17

You can answer.

18

A.

That's

19

Q.

Other

correct.
than being on

the phone,

20

did you notice anything about his

21

or demeanor?

22

A.

Not

that

23

Q.

Was

there anybody standing next

24
25

to him or close

A.

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I

I

conduct

can recall.

to him?

don't recall.
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Page 144
F.

1

2

Q.

3

in his

4

A.

I

5

Q.

Was

6

him on

7

M.

SAWYER

the gurney?

Were

there any other patients

vicinity when he was

the phone?

don't recall.
he

standing when you

the phone or sitting or

MS.

8

saw

lying on

PUBLICKER METTHAM:

Objection.

9

10

You

can answer.

11

A.

He was

12

Q.

And he was

13

on

standing.
cuffed to

the

gurney?

14

A.

Single cuffed.

15

Q.

Which hand?

16

A.

I

17

Q.

How far

18

A.
first

21
22

were you when you

him standing talking on

19
20

don't recall.

I

the phone?
offhand when

I

observed him.

Q.
was

don't recall

saw

Did you hear anything

saying

to

anybody on

that he

the phone?

23

A.

I

24

Q.

What did you do next?

25

A.

I,

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wouldn't recall

myself,

that at all.

Officer Miller,

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Page 145
F.

1

2

Sergeant James,

3

double

4

Q.

M.

SAWYER

and Officer Sadowski,

we

cuffed him to the bed.
How much

time elapsed from

that you ordered him

the

5

time

6

phone and the physical contact that you

7

and the

8

him to

others engaged in double cuffing
the bed?
MS.

9

PUBLICKER METTHAM:

Objection.

10

You

11

can answer.

12

A.

That I

13

Q.

Did he respond

14

to get off the

yours

to

get off

don't recall.
to

this

order of

the phone?

15

A.

No,

16

Q.

Did he acknowledge

he did not.
in any way

17

that he heard your request to get off the

18

phone?

19

A.

No.

20

Q.

He

21

the phone?

22

A.

Yes.

23

Q.

Did you

A.

I

24
25

just continued to

speak on

say anything else

to

him?
don't recall.
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Page 153
F.

1

2

the

4

Is

that true for

handc~ffs.

all

handcuffs

or
MS.

5
6

SAWYER

same key worked on both

Q.

3

M.

PUBLICKER METTHAM:

Objection.

7

Don't answer.

8

MR.

9

sort of

10
11

SMITH:

trade

MS.

Because that is

secret?

PUBLICKER METTHAM:

MR.

SMITH:

I

13

mind the next time

14

Q.

All

keep

that in

get handcuffed.
said you

What do you mean by saying that
you assisted him on

19

s i t on

20

and the officers

21

force

Q.

to

the gurney?

Adrian Schoolcraft refused to

A.

23

I
You

right.

18

22

will

assisted him onto the gurney.

16
17

Law

enforcement privilege.

12

15

some

the

gurney voluntarily so myself
I

mention used physical

to place him on

the gurney.

Did someone ask him

to

s i t on

the gurney?

24

A.

I

25

Q.

In what way did he manifest a

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don't recall.

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2

refusal

to

MS.

3

SAWYER

the gurney?

PUBLICKER METTHAM:

Objection.

4

You can answer.

5

A.

6

7

s i t on

M.

He

resisted all

assist him on

attempts

to

the gurney.

8

Q.

Did he

9

A.

I

10

Q.

In what way did he physically

say anything

don't recall

11

resist your attempts

12

to?

offhand.

gurney?
MS.

13

to place him on

the

PUBLICKER METTHAM:

Objection.

14
15

You can answer.

A.

16

As

17

the gurney,

18

with our

we were directing him onto
he

just refused to

comply

instruction.

19

Q.

20

compliant,

21

A.

That's

22

Q.

Did anybody say anything

right?

23

at

24

A.

212-267-6868

time

correct.
to you

the gurney?

25

the

So physically he wasn't

I

that you were placing him on

don't recall.
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Page 155
F.

1

Q.

2

M.

SAWYER

Did anybody on

3

staff

say anything

4

while

you were double

A.

5

the hospital

to you

that you

recall

cuffing him?

No.
MS.

6

PUBLICKER METTHAM:

Objection.

7

You

8

Q.

9

can answer.

Did you ask

anybody for

10

permission

11

A.

No.

12

Q.

Did you discuss

13
14

1

him with

MS.

You
A.

hospital before

PUBLICKER METTHAM:

are you

20

or any members

Q.

22

can answer.

When you

19

21

the

cuffing

Objection.

17

18

anybody at

double

you did so?

15
16

to double cuff him?

say

talking like
of

"at the hospital,"

the hospital

staff

the police department?

Actually anybody.
Did you discuss

double

23

Schoolcraft with anybody other

24

James,

Miller,

25

double

cuffing

than

cuffed him?

and Sadowski before you

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Page 156
F.

1

A.

2

M.

SAWYER

No.
MS.

3

PUBLICKER METTHAM:

Objection.

4

You

5

can answer.

6

Q.

7

you during

8

with him and James

9

did the double

10

Did Sadowski
this

MS.

11

say anything

discussion

to

that you had

and Miller before you

cuffing?
PUBLICKER METTHAM:

Objection.

12

You can answer.

13

A.

I

14

Q.

Did Miller say anything during

15

this

don't recall him doing so.

discussion?

16

A.

I

17

Q.

Did James

don't recall him doing so.

18

other

19

say anything to you

than what you already identified

her saying to you?

20

A.

I

21

Q.

How was
MS.

22

23

James dressed?

PUBLICKER METTHAM:

Objection.
You

24
25

don't recall.

A.

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I

can answer.

don't recall.
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Page 160
F.

1
2

3

Q.

M.

Did James

SAWYER
tell you

that she had

tried to restrain Schoolcraft?

4

A.

I

5

Q.

Did you say anything to

don't recall her doing so.

6

Schoolcraft when you were applying the

7

cuffs

8

to him?

A.

13
14
15

PUBLICKER METTHAM:

Objection.

11
12

don't

MS.

9

10

I

You can answer.
A.

I

don't recall making any

statement to him.
Q.
happens

Did you

tell him this

is

what

to rats?

16

A.

Absolutely not.

17

Q.

Did you squeeze the handcuffs

18

tight?
MS.

19
20

Objection.

21
22

23

PUBLICKER METTHAM:

You can answer.
A.

I

don't recall how the cuffs

were placed on.

24

Q.

Who placed the cuffs

25

A.

I

212-267-6868

on?

don't even recall who
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