Schoolcraft v. The City Of New York et al

Filing 318

REPLY MEMORANDUM OF LAW in Support re: 290 MOTION to Amend/Correct . . Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit Schoolcraft Depo Excerpts)(Smith, Nathaniel)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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ADRIAN SCHOOLCRAFT

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PLAINTIFF
Case No:
10 Civ. 6005
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-against-

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(RWS)

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THE CITY OF NEW YORK 1 DEPUTY CHIEF MICHAEL MARIN0 1
Tax Id. 873220 Individually and in his Official
Capacity/ ASSISTANT CHIEF PATROL BOROUGH BROOKLYN
NORTH GERALD NELSON, Tax Id. 912370, Individually
And in his Official Capacity/ DEPUTY INSPECTOR
STEVEN MAURIELLO, Tax Id. 895117, Individually and
In his Official Capacity, CAPTAIN THEODORE
LAUTERBORN, Tax Id. 897840, Individually and in his
Official Capacity, LIEUTENANT WILLIAM GOUGH, Tax Id.
919124
Individually and in his Official Capacity/
SGT. FREDERICK SAWYER Shield No. 2576, Individually
and in hi.s Official Capacity, SERGEANT KURT DUNCAN,
Shield No. 2483, Individually and in his Official
Capacity, LIEUTENANT CHRISTOPHER BROSCHART, Tax Id.
915354, I:ndividually and in his Official Capacity,
LIEUTENANT TIMOTHY CAUGHEY, Tax Id. 885374,
Individually and in his Official Capacity, SERGEANT
SHANTEL J.A.MES, Shield No. 3004 and P.O.'s "JOHN DOE"
#1-50, Individually and in their Official Capacity
(the name John Doe being fictitious, as the true
names are presently unknown) (collectively referred
to as "NYPD defendants"), JAMAICA HOSPITAL MEDICAL
CENTER, DR. ISAK ISAKOV, Individually and in his
Official Capacity, DR. LILIAN ALDANA-BERNIER,
Individually and in her Official Capacity and
JAMAICA HOSPITAL MEDICAL CENTER EMPLOYEE'S "JOHN
DOE" # 1-50, Individually and in their Official
Capacity (the name John Doe being fictitious, as
The true names are presently unknown),
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DEFENDANTS.

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DATE: October 11, 2012

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TIME: 10:2 0 A.M.

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(Continued

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info®diamondreporting:com

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DATE: October 11, 2012

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TIME: 10:20 A.M.

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VIDEOTAPED DEPOSITION of the

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the offices of the New York City Law Department,

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100 Church Street, New York, New York 10007, before

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to the Federal Rules of Civil Procedure, held at

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Respective Parties, pursuant to a Notice and

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Plaintiff, ADRIAN SCHOOLCRAFT, taken by the

Nathan MacCormack, a Notary Public of the State of

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New York.

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DIAMOND REPORTING

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A. SCHOOLCRAFT
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Q.

Now,

you said "lock people up."

That would be an

arrest, correct?

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A.

Correct.

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Q.

I am asking specifically about summonses, so I

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ask that you please confine your answers just with

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summonses.

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without probable cause?

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A.

Have you been trained to issue summonses

It's difficult for me to discern the difference

between the two.

Summonses are issued in lieu of an

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arrest.

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recall any exact incident.

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Summonses specifically, I believe -- I don't

But again,
~;tate

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probably

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I know there are recordings that

that; summonses, arrests, 250' s, what t.ney

deemed activity.

f
;

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Q.

And these recordings, you recall them stating

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that a summons should be issued, even in the absence of

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probable cause?
MR. NORINSBERG:

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Objection.

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A.

That's how I took some of the instructions.

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Q.

Have you ever personally observed another officer

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issue a summons, without probable cause?
It's hard to go back to and give an exact time

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A.

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and date.

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Q.

How many times?

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A.

It's hard to approximate how many times.

But yes,

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There's

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A. SCHOOLCRAFT
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A.

I don't know if I did, specifically.

But I was

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aware other officers that wanted overtime would have to

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adhere to the policy in order to explain how they could

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have that overtime.

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Q.

But you personally, do you, sitting here today,

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recall ever losing overtime for failing to issue a certain

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number of summonses?

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A.

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overtime.

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As I sit here today,

Q.

I don't recall losing

What officers did you observe lose overtime for

failing to issue a certain number of summonses?
A.

I

don't recall any specify officer.

I just

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recall that that was the general -- if an officer wanted

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overtime, they would have to explain it.

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was overtime,

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was understood.

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And when there

I recall being addressed by supervisors.

It

The number was "two and two"; two summonses and

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two 250's.

If the officer made a collar, they wanted the

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-- the supervisor wanted that collar, that arrest to be

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250'd.

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do the summonses.

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phrase.

And I think they-- you still weren't required to
But it was "two and two," that was the

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Q.

When you say "two and two," what do you mean?

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A.

Two summonses, two 250's, two stop, question and

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frisks.

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A. SCHOOLCRAFT
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Q.

Per month?

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A.

Per that overtime, per when you are -- that

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mandated overtime, or if you requested it.

Q.

So if I understand you, an officer who was given

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overtime, was required to issue two summonses and make two

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arrests during that overtime shift?
MR. NORINSBERG:

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A.

As a minimum, yes.

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Q.

Objection.

At a minimum.
MR. NORINSBERG:

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I think you misjudged.

He

said two -

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He just said yes.

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MS. PUBLICKER:

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MR. NORINSBERG:

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summonses and two 250's.

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MR. COHEN:

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MR. NORINSBERG:

He said it two times.
He said it two times, then

you rephrased it the wrong way.

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MS. PUBLICKER:

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And then he said "yes."

MR. NORINSBERG:

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Do you want to clarify,

Adrian?

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THE WITNESS:

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Q.

What was the question?

When you say "two and two," you are saying-- if

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I

am sorry if I misphrased it, but

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No, but he said two

I misstated you, then-- two summonses and two 250's, or

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two summonses and two arrests per overtime shift?

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A. SCHOOLCRAFT
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A.

Two summonses and two 250 1 s, two and two.

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Q.

Okay.

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What happened if they did not make that

two and two during their overtime shift?
A.

I don,t believe they would -- they would not be

able to ask for overtime anymore.

Q.

Can you name a single person who was subject to

that policy?

A.

Not specifically.

But I believe you can -- the

overtime is documented very well.

You could see a pattern

of certain officers that have become dependent on overtime.
Q.

But have you ever seen an officer be refused

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overtime because they did not hit the quota policy for

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summons, you referred to earlier?

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A.

I don 1 t specifically -- I don 1 t specifically

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recall any officer or exact time.

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knowledge.

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Q.

But that was general

Did you ever suffer a tour change as a result of

failing to issue a certain number of summonses per month?

A.

No. I don 1 t -- I was on the same tour for --

maybe three years straight.

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Q.

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penalty?

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A.

Do you observe another officer suffer that

I don 1 t

recall any specific officer.

But I

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recall officers getting in trouble.

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to their desired tour, they would have to produce summonses

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In order to get back

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A. SCHOOLCRAFT
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know what number to give.

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Q.

More than 10?

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A.

I believe it was a lot.

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But I don't remember any

specific number.
Q.

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And when did these conversations begin?
MR. NORINSBERG:

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A.

Objection.

I don't recall any specific time or -- the

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specific supervisor.

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identify --- I can identify those, and the supervisors I

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But again, the recordings,

I can

noted in the Complaint.

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Q.

So aside from the recordings in this matter, did

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about your summons activity, prior to your 2008 performance

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you have any conversations, one on one, with_the supervisor

evaluation?

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MR. NORINSBERG:

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A.

I believe so, yes.

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Q.

Objection.

How many?

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MR. NORINSBERG:
A.

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Objection.

I couldn't even approximate the number of times

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the supervisors would approach us or me, the number of

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summonses and arrests and 250's.
Q.

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What supervisor spoke to you about your summons,

arrests and 250's, personally?

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A.

We are still before the evaluation?

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Q.

Correct.

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A. SCHOOLCRAFT
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has ever been denied their vacation picks, no.

Q.

While you were assigned to the Blst Precinct,

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were you aware of officers being required to make a certain

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number of stop, question and frisks, or UF-250 forms?

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A.

What was that time frame again?

The same

question, you don't have to rephrase it.
Q.

While you were assigned to the 81st Precinct,

okay, yes?

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A.

Please repeat the question.

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Q.

While you were assigned to the 81st Precinct,

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were you aware of other officers being required to make a
certain number of stop, question and frisks, or UF-250's?

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A.

Yes.

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Q.

How many stops were officers required to conduct?

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A.

Again, it would depend on the officer, what unit

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he is assigned with.

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recall any specific number, but the recordings -- the

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conversations, the roll calls, that did address the number

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of 250's.

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dates and people involved.

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Q.

I

Off the top of my head, I don't

believe I have recordings that state times and

How many stops was a patrol officer required to

conduct in the 81st Precinct?

A.

I don't recall ever being given a specific number

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on 250's, other than the-- if you are assigned overtime,

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it was two and two, two summonses, two 250's.

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I don't

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A. SCHOOLCRAFT
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recall any specific supervisor or any specific time.

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there were times where -- where they wanted a car to bring

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at least two 250's or even individual officers, at least

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two 250's for that shift.

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But

But I don't believe -- it's possible they are

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stating that in the recording.

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give a -- it's possible that I heard an exact number on the

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250's, but I don't recall at this time.

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of 250's that were required to be turned in?

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A.

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Did a union delegate ever tell you about a number

Q.

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But I don't believe they

numbers.

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Q.

I don't recall union delegates addressing

Did anyone ever tell you to conduct a stop,

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question and frisk, even if you did not have reasonable

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suspicion?

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A.

Yes.

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Q.

How many times?

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A.

I can't approximate the number of times.

There

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were recordings -- I believe there are multiple recordings

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of supervisors telling officers to articulate a charge

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later:

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summons them."

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times we were instructed to falsify a 250.
Q.

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"If you summons someone, 250 them; if you 250 them,
There is no way to approximate how many

What is the sum and substance of the recordings

you just made reference to?

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A. SCHOOLCRAFT
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MR. NORINSBERG:

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Objection,

mischaracterization of testimony.

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A.

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they weren't all intended to show just that type of

I

I don't believe all of them

don't believe so.

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misconduct.

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log, when there was no training, in fact.

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Q.

There was also the falsifying the training

Besides the recordings, were you trained to issue

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250's or conduct stop, question and frisks,

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not have reasonable suspicion?

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MR. NORINSBERG:

even if you did

Objection to the form.

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A.

I believe so,

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Q.

When did you receive that training?

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A.

Again,

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Q.

Well, my question asked you for "other than

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yes.

I would have to listen to the recordings.

recordings"?
A.

I cannot -- at this time, I cannot give you any

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specific date or any specific supervisor.

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recordings speak for themselves.

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Q.

But again, thE

Did you lose overtime for failing to issue a

certain number of 250's?

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A.

I don't believe

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Q.
A.

To the best

I probably.

When?

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--

--

again, probably.

I wouldn't know

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if I lost overtime, if they didn't give me overtime.

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don't know.

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A supervisor may be able to answer that

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A. SCHOOLCRAFT
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question.

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Q.

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How many times did you request overtime but were

denied?

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A.

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Q.

Did you observe any other officers lose overtime

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don't recall ever requesting overtime.

for failing to issue a certain number of 250's?
A.

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I

don't recall any specific officer or any

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specific time.

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pay the rent, you did not get what you asked for.

Q.

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ll

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A.

If you include the losing proposition collars, I

would say yes.

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Have you ever suffered a change of tour, as a

result of failing to issue a certain number of UF250's?

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But it was general knowledge, if you didn't

Q.

How many times was your tour changed because you

failed to issue a certain number of 250's?

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A.

I don't recall how many times.

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Q.

What was the certain number of 250's you were

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required to issue, when you had your tour changed for

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failing to reach that number?
MR. NORINSBERG:

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Objection.

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A.

What was that again?

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Q.

So you said that you did suffer a change of tour

f~iling

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for

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correct?

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A.

to issue a certain number of 250's; that is

That I stated what?

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SCHOOl~CRAFT

A.
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Q.

That you did suffer a change of tour for failing

,~·--

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to issue a certain number of 250's?

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A.

I don't recall making that statement, no.

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Q.

You didn't just state that, no?

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MR. NORINSBERG:

Objection.

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A.

I

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Q.

So you have never suffered a change of tour as a

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don't believe so, no.

result of failing to issue a certain number of 250's?

A.

Maybe I misheard the question.

The losing

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proposition, the assigned arresting officers was to give

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(

proposition -- the intent of assigning officers to losing

them more arrests, more bodies.

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Q.

We are talking about 250's, here.

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A.

Then that would have been -- I didn't understand

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the question at that time.
Q.

Did you ever have your tour changed as a result

of failing to issue a certain number of UF-250's?

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A.

I don't believe so, no.

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Q.

Have you ever observed another officer suffer

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that penalty?

A.

I don't recall any specific officer or any

conversation.

Q.

Have you ever been denied vacation days as a

result of failing to issue a certain number of 250's?

A.

Again, if I requested a vacation day that wasn't

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A. SCHOOLCRAFT
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a pick, I don't recall ever requesting a day that wasn't my

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pick.

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Q.

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Have you ever stopped someone without reasonable

suspicion?

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A.

No.

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Q.

Other than roll call, have you been trained on

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I don't believe, no.

how to issue UF-250's?
A.

I

don't recall any other training regarding

250' s, no.
Q.

Other than roll call, have you received any other

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training on when you can stop someone, based on reasonable
suspicion?

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A.

Perhaps in a law class in the police academy.

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am sure they went over stop, question and frisks, and

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reasonable suspicion and probable cause.

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Q.

.~nd

at the academy, what did they teach you

about, when you can stop someone?
A.

I

don't recall, specifically.

But it was my

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understanding you can stop someone when you reasonably

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suspect that they have or are about to commit a crime.

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Q.

Have you personally observed another officer stop

someone without reasonable suspicion?

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A.

Yes.

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Q.

How many times?

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A.

I can't approximate.

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I don't remember every

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

------------------------------------------X
ADRIAN SCHOOLCRAFT,
PLAINTIFF,

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-against-

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Case No.:
10 cv 6005

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THE CITY OF NEW YORK, DEPUTY CHIEF MICHAEL
MARINO, Tax ID. 873220, Individually and
in his Off.icial Capacity, ASSISTANT CHIEF
PATROL BOROUGH BROOKLYN NORTH GERALD NELSON,
Tax Id. 912370, Individually and
in his Official Capacity, DEPUTY INSPECTOR
STEVEN MAURIELLO, Tax Id. 895117, Individually
and in his Official Capacity, CAPTAIN THEODORE
LAUTERBORN, Tax Id. 897840, Individually and
in his Official Capacity, LIEUTENANT WILLIAM
GOUGH, Tax Id. 919124, Individually and
in his Official Capacity, SGT. FREDERICK SAWYER,
Shield No. 2567, Individually and
in his Official Capacity, SERGEANT KURT DUNCAN,
Shield No. 2483, Individually and
in his Official Capacity, LIEUTENANT CHRISTOPHER
BROSCHART, Tax Id. 915354, Individually and
in his Official Capacity, LIEUTENANT TIMOTHY
CAUGHEY, Tax Id. 885374, Individually and
in his Official Capacity, SERGEANT SHANTEL JAMES,
Shield No. 3004, Individually and
in his Official Capacity, and P.O.'s "JOHN DOE"
#1-50, Individually and in their Official Capacity,
(the name John Doe being fictitious, as the true
names are presently unknown) (collectively
referred to as "NYPD Defendants"), JAMAICA
HOSPITAL MEDICAL CENTER, DR. ISAK ISAKOV,
Individually and in his Official Capacity,
DR. LlLLIAN ALDAl\JA-BERl\!IER, Individually and
in her Official Capacity, and JAMAICA HOSPITAL
MEDICAL CENTER EMPLOYEE'S "JOHN DOE" #1-50,
Individually and in their Official Capacity,
(the name John Doe being fictitious, as the
true names are presently unknown),
DEFENDANT.

------------------------------------------X
(Continued. . . )

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DATE: SEPTEMBER 26, 2013

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TIME: 10:1.0 A.M

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VIDEO DEPOSITION of the Plaintiff, ADRIAN

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SCHOOLCRAF'I', taken by the respective parties, pursuant to a

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Court Order and to the Federal Rules of Civil Procedure,

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held at the offices of Scoppetta, Seiff, Kretz

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Abercrombie, Esqs, 444 Madison Avenue, New York New York,

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10022 before Elizabeth Forero, a Notary Public of the State

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&

of New York.

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A. SCHOOLCRAFT
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And the rest of that was just is everything's okay,

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everything will be okay, and just comply.

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4

Q.

Did Sergeant Myer participate in your 2008

evaluation?

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A.

If he did, I am not aware.

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Q.

Prior to receiving your 2008 evaluation the

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question was:

Who told you a specific number?
MR. SMITH:

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That wasn't the question but you

can ask that.

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MR. KRETZ:

A while back it was.

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A.

The time -- what were you talking about?

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Q.

1i\Tho had told you directly a specific number you

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had to produce and you mentioned DelaFunte, I believe?

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A.

Correct.

15

Q.

That was before your 2008 evaluation?

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A.

I don't remember the date of that.

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Q.

Well, you said --

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A.

It was a roll call.

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Q.

It was a roll call.

You said when you received

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your 2008 evaluation you considered it a retaliation.

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then you indicated areas of your activity were highlighted

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on your activity report.

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A.

And

I believe it was a document with boxes that

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looked similar to my activity report.

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because I think they sum up all the numbers at the end of

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It may have been

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A. SCHOOLCRAFT
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the year.

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the areas of summonses and arrests and 250s and it was

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green highlighter.

4

Q.

It may been that document, but it was obviously

Did you get the evaluation you got because you

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were not performing at the level your supervising officers

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thought you ought to be performing at or they were

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retaliating against you for something?

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MR. SMITH:

Objection to form.

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Q.

Or are those the same in your mind?

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A.

Well, you just confused me.

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Q.

You said the evaluation exhibited retaliation
Right?

The question is

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against you.

And I asked what was the retaliation

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for?

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your activity report.

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you because you didn't have high enough numbers on your

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activity report?

And you told me that your numbers were highlighted on
So you think they retaliated against

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A.

I believe that's the reason; correct.

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Q.

As opposed to being critical of you for not

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performing as fully they think you should have performed on

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the job?
MR. SMITH:

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A.

Objection to the form.

Performing at just what their definition of

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activity or performing as an officer overall?

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can answer that question.

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duties as a police officer to the best of my ability.

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I think I

I believe I was performing my

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That

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A. SCHOOLCRAFT
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is how I feel they should have evaluated me not just based

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on their narrow highlighted definition of activity.

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4

Q.

You believe they evaluated you the way they did

purely based upon your numbers not being high enough?

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A.

Correct.

6

Q.

Did you believe at the time there was a specific

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number in

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A.

I am not aware of a specific number.

9

Q.

You don't know whether your evaluation

E~ach

category that was required?

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constituted criticism of you for inactivity or constituted

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retaliation against you for failing to achieve certain

12

numbers?

13
14
15
16

MR. SMITH:

A.

Objection to form.

I haven't reviewed the evaluation in a long time.

On the evaluation there are summaries
Q.

This is what I am trying to get at.

Was the

17

evaluation a criticism of your performance or was it

18

retaliation for something?
MR. SMITH:

19

Wait.

Objection.

20

A.

I believe it was a retaliation.

21

Q.

And the retaliation for something was, you didn't

22

show enough activity?
MR. SMITH:

23

Objection to form.

This has

24

been asked and answered several times.

25

me.

Excuse

You are asking him to speculate about why

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