Schoolcraft v. The City Of New York et al

Filing 323

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss and for other relief. Document filed by Isak Isakov. Responses due by 1/21/2015 Return Date set for 1/28/2015 at 12:00 PM. (Attachments: # 1 Declaration of Brian E. Lee, # 2 Declaration of service, # 3 Rule 56 Statement of Material Facts, # 4 Exhibit A: Second Amended Complaint, # 5 Exhibit B: Answer to 2nd Amended Complaint)(Lee, Brian) Modified on 1/5/2015 (db).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ADRIAN SCHOOLCRAFT,

10CV6005(RSW)

Plaintiff,
-against-

STATEMENT OF
MATERIAL FACTS
PER LOCAL RULE

THE CITY OF NEW YORK, DEPUTY CHIEF MICHAEL
MARINO, 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 JOSEPH GOFF, Tax Id.
894025, Individually and in his Official Capacity, SGT
FREDERICK SAWYER, Shield No. 2576, 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, 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),
Defendants.
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PLEASE TAKE NOTICE, that pursauant to Local Rule 56.1(a), the defendant ISAK
ISAKOV, M.D., sets forth the following material facts, to which it is contended there is no

genuine issue to be tried:
1.

Following a lengthy interaction with members of the New York City Police

Department ("NYPD"), Adrian Schoolcraft (hereafter "Schoolcraft") was brought to the
Jamaica Hospital Medical Center (hereafter ("JHMC") medical emergency room by EMS
personnel on October 31, 2009 (Exhibit C, JHMC Chart, pages 1, 2-3, 4, and numerous other
places in the chart).
2.

Schoolcraft was transferred from the medical emergency room to the

psychiatric emergency room on November 1, 2009 (Exhibit C, JHMC Chart).
3.

On November 3, 2009, Dr. Aldana-Bernier signed part 1 of the involuntary

admission papers for 9.39 admission under the New York State Mental Hygiene Law, thus
involuntarily confining Schoolcraft (Exhibit C, JHMC Chart, page 57). Schoolcraft was then
transferred to the psychiatric ward on the third floor of JHMC.
4.

On November 4, 2009, Dr. Isak Isakov signed part 2 of the involuntary

admission papers for 9.39 admission under the New York State Mental Hygiene Law, thus
confirming the involuntary confinement of Schoolcraft (Exhibit C, JHMC Chart, page 58,
affidavit of Isak Isakov, M.D., page 8).
5.

Dr. Isakov carefully evaluated the patient, his claims, his need for

hospitalization, and did so free from constraint or undue influence.

(Affidavit of Dr.

Isakov, pages 6-12).
6.

Dr. Isakov had no contact with any New York City employees, including

Police Department, Fire Department, EMS, or any other NYC employee, with the exception
of an officer from the Internal Affairs Bureau (hereafter"IAB") (Affidavit of Isak Isakov,