Schoolcraft v. The City Of New York et al

Filing 326

DECLARATION of Gregory J. Radomisli in Support re: 325 MOTION for Summary Judgment .. Document filed by Jamaica Hospital Medical Center. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C part 1, # 4 Exhibit Exhibit C part 2, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E part 1, # 7 Exhibit Exhibit E part 2, # 8 Exhibit Exhibit E part 3, # 9 Exhibit Exhibit F, # 10 Exhibit Exhibit G, # 11 Exhibit Exhibit H, # 12 Exhibit Exhibit I, # 13 Exhibit Exhibit J, # 14 Exhibit Exhibit EE, # 15 Exhibit Exhibit FF, # 16 Exhibit Exhibit HH)(Osterman, Brian)

GJR/da
82-82153

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
■X

ADRIAN SCHOOLCRAFT,

DECLARATION
Civil Action No.:
10 CIV 6005 (RWS)

Plaintiff,
-againstTHE 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 Offieial 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)
(colleetively 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 unlaiown).
Defendants.
X

GREGORY J. RADOMISLI, declares the following pursuant to 28 USC §1746,
under penalty of perjury:

1.

I am a Member of Martin Clearwater & Bell

llp,

attorneys of record for

defendant JAMAICA HOSPITAL MEDICAL CENTER and am fully familiar with the facts
and circumstances of this action by virtue of a review of the file in my office.
2.

This Declaration is respectfully in support of the motion for summary

judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure by defendant
JAMAICA HOSPITAL MEDICAL CENTER (“Jamaica Hospital”).
3.

As discussed in detail in the accompanying Memorandum of Law, Jamaica

Hospital’s motion for summary judgment should be granted for the following reasons:
a)

In its May 5, 2011 Order, this Court dismissed plaintiffs federal

causes of action as to Jamaica
causes of action against Jamaica Hospital. The only surviving
Hospital are plaintiff s state law claims for medical malpractice, false arrest, false
imprisonment, and negligent hiring, training or supervision;
b)

The plaintiff cannot maintain a cause of action directly against Jamaica

Hospital for medical malpractice because plaintiff does not make any allegations of medical
malpractice as to any specific members of the Jamaica Hospital staff separate from the
codefendant psychiatrists, and there are no issues of fact regarding the care rendered by the
Jamaica Hospital residents;
c)

The plaintiff cannot maintain a eause of action for false arrest or false

imprisonment because plaintiff has not presented any evidence that Jamaica Hospital
committed medical malpractice, and because plaintiff’s detention was otherwise privileged;
d)

The plaintiff cannot maintain a cause of action for negligent hiring,

training, or supervision because plaintiffs Second Amended Complaint does not contain any
allegations that the codefendant psychiatrists or any of the Jamaiea Hospital staff had, or

should have known of, a propensity to improperly hospitalize patients or to commit false
evidence of Jamaica Hospital’s
arrest or false imprisonment; plaintiff has not submitted any
hiring, training, supervision or retention policies; and plaintiff has not alleged and cannot
demonstrate that any of the Jamaica Hospital staff or the codefendant psychiatrists were
acting outside the scope of their employment when they treated the plaintiff; and
e)

The plaintiff cannot maintain a cause of action for intentional infliction

of emotional distress because plaintiff cannot satisfy the elements to state a claim and because
a cause of action for intentional infliction of emotional distress is duplicative, and falls within
the ambit of plaintiff s claim for medical malpractice.
4.

Attached hereto are true copies of the following Exhibits:

a) Exhibit A - Plaintiffs Summons and Complaint dated August 8, 2010;
b) Exhibit B - Defendant Jamaica Hospital’s Answer dated September 7,2010,
c) Exhibit C - Plaintiffs Amended Summons and Complaint dated September 12, 2010;
d) Exhibit D - Defendant Jamaica Hospital’s Answer dated October 6, 2010;
e) Exhibit E - Defendant Jamaica Hospital’s Motion to Dismiss and Memorandum of
Law dated January 20, 2011;
f) Exhibit F - Opinion of The Court dated May 5,2011;
g) Exhibit G - Plaintiffs Second Amended Complaint dated October 1, 2012,
h) Exhibit H - Jamaica Hospital’s Answer dated October 15, 2012;
i) Exhibit I - Order of the Court dated October 29, 2014
j) Exhibit J - Jamaica Hospital’s letter so-ordered by the Court on November 4, 2014;
k) Exhibit K - Deposition Transcript of plaintiff Adrian Schoolcraft, dated October 11,
2012;
l) Exhibit L - Deposition Transcripts of plaintiff Adrian Schoolcraft, dated September
26 and 27, 2013;
m) Exhibit M - Deposition Transcript of Dr. Catherine Lamstein, dated January 30, 2014,

n) Exhibit N - Deposition Transcript of Sergeant Rasheena Huffman, dated January 6,
2014;
o) Exhibit O - Deposition Transcript of Lieutenant Theodore Lauterborn, dated
November 7, 2013;
p) Exhibit P - Deposition Transcript of Chief Michael Marino, dated October 8, 2013;
q) Exhibit Q - Deposition Transcript of Lieutenant Christopher Broschart, dated June 18,
2014;
int - _
r) Exhibit R - Deposition Transcript of Lieutenant William Gough, dated April 11, 2014;
s) Exhibit S - Deposition Transcript of Lieutenant Elise Hanlon, dated January 13, 2014;
t) Exhibit T - Deposition Transcript of Salvatore Sangeniti, dated May 15, 2014;
u) Exhibit U - Plaintiff Adrian Schoolcraft’s Records from Jamaica Hospital Medical
Center;
v) Exhibit V - Deposition Transcript of Dr. Khin Mar Lwm, dated July 3, 2014,
w) Exhibit W - Deposition Transcript of Dr. Lillian Aldana-Bernier, dated February 11,
2014;
X) Exhibit X - Deposition Transcript of Dr. Isak Isakov, dated February 12,2014;
y) Exhibit Y - Medical Report of Dr. Steven A Luell, dated January 25, 2010;
z) Exhibit Z-Report and Curriculum Vitae of plaintiff s expert Dr. Roy Lubit;
aa) Exhibit AA - Deposition Transcripts of plaintiffs expert Dr. Roy Lubit, dated
September 12, November 10, and November 13, 2014,
bb) Exhibit BB- Deposition Transcript of Dr. Indira Patel, dated July 25, 2014,
cc) Exhibit CC - Report
Ruder;

and Curriculum Vitae of plaintiffs expert Dr. Dan Halpren-

dd) Exhibit DD - Deposition Transcript of plaintiffs expert Dr. Dan Halpren-Ruder. dated
September 30, 2014;
Medical Clearance Protocols for Acute
ee) Exhibit EE - Consensus Statement on
Psychiatric Patients Referred for Inpatient Admissions;
ff) Exhibit FF - Deposition Transcript of Anthony Maffia, dated May 30, 2014;
gg) Exhibit GG - Deposition Transeript of Sergeant Shantel James, dated May 12, 2014;

hh) Exhibit HH - Jamaica Hospital Policy regarding restraints;
ii) Exhibit II - Deposition Transcript of Dr. Vinod Dhar, dated July 7, 2014;
jj) Exhibit JJ - Declaration, accompanying Expert Report, and Curriculum Vitae of
defendant Jamaica Hospital’s expert Dr. Robert H. Levy; and
kk) Exhibit KK - Deposition Transcript of Jessica Marquez, dated May 14, 2014.
WHEREFORE, it is respeetfully requested that defendant’s motion be granted in its
entirety, together with such other and further relief as this Court deems just and proper.

Dated:

New York, New York
December 22, 2014
Yours, etc.,
MARTIN CLEARWATER & BELL LLP

Ann/

•

Vk \______

Grego^ J.i^adomisli (GJR - 2670)
A Member of the Firm
Attorneys for Defendant
JAMAICA HOSPITAL MEDICAL CENTER
220 East 42nd Street
New York, New York 10017-5842
[phone]