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).

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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 212-267-6868 don't recall. VERITEXT REPORTING COMPANY 516-608-2400 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 VERITEXT REPORTING COMPANY 516-608-2400 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? 212-267-6868 VERITEXT REPORTING COMPANY www. veri text. com 516-608-2400 Page 142 F. 1 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. 212-267-6868 VERITEXT REPORTING COMPANY www. veri text. com 516-608-2400 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. 212-267-6868 I I conduct can recall. to him? don't recall. VERITEXT REPORTING COMPANY 516-608-2400 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, 212-267-6868 wouldn't recall myself, that at all. Officer Miller, VERITEXT REPORTING COMPANY 516-608-2400 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. VERITEXT REPORTING COMPANY 212-267-6868 www. veri text. com 516-608-2400 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 212-267-6868 don't recall. VERITEXT REPORTING COMPANY www. veritext. com 516-608-2400 Page 154 F. 1 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. VERITEXT REPORTING COMPANY 516-608-2400 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 VERITEXT REPORTING COMPANY 212-267-6868 www. veritext. com 516-608-2400 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. 212-267-6868 I can answer. don't recall. VERITEXT REPORTING COMPANY 516-608-2400 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 VERITEXT REPORTING COMPANY 516-608-2400

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