Schoolcraft v. The City Of New York et al

Filing 346

DECLARATION of Ryan G. Shaffer in Support re: 297 MOTION for Summary Judgment .. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 Individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity), Timothy Trainer(Tax Id. 899922, Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Shaffer, Ryan)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ADRIAN SCHOOLCRAFT,
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
THEORDORE LAUTERBORN, Tax Id. 897840, Individually and in
his Official Capacity, LIEUTENANT JOSEPH GOUGH, Tax Id.
919124, 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, LT. TIMOTHY CAUGHEY, Tax Id. No.
885374, Individually and in his Official Capacity, SERGEANT
SHANTEL JAMES, Shield No. 3004, Individually and in her Official
Capacity, SERGEANT RICHARD WALL, Shield No. 3099,
Individually and in his Official Capacity, SERGEANT ROBERT W.
O’HARE, Tax Id. 916960, Individually and in his Official Capacity,
SERGEANT SONDRA WILSON, Shield No. 5172, Individually and
in her Official Capacity, LIEUTENANT THOMAS HANLEY, Tax
Id. 879761, Individually and in his Official Capacity, CAPTAIN
TIMOTHY TRAINOR Tax Id. 899922, 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 “City
Defendants”), FDNY LIEUTENANT ELISE HANLON, individually
and in her official capacity as a lieutenant with the New York City
Fire Department, JAMAICA HOSPITAL MEDICAL CENTER, DR.
ISAK ISAKOV, Individually and in his Official Capacity, DR.
LILIAN ALDANA-BERNIER, Individually and in his 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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SUPPLEMENTAL
DECLARATION OF RYAN
G. SHAFFER

10-CV-6005 (RWS)

RYAN G. SHAFFER, declares pursuant to 28 U.S.C. § 1746, under penalty of
perjury, that the following is true and correct:

1.

I am a Senior Counsel in the office of Zachary W. Carter, Corporation

Counsel of the City of New York, attorney for defendants the City of New York, Deputy Chief
Michael Marino, Assistant Chief Gerald Nelson, Captain Theodore Lauterborn, Lieutenant
William Gough, Sergeant Frederick Sawyer, Sergeant Kurt Duncan, Lieutenant Christopher
Broschart, Lieutenant Timothy Caughey, Lieutenant Shantel James, Sergeant Richard Wall,
Sergeant Robert W. O’Hare, Sergeant Sondra Wilson, Lieutenant Thomas Hanley, Captain
Timothy Trainor, and FDNY Lieutenant Elise Hanlon (collectively “City Defendants”). As such,
I am familiar with the facts stated below and submit this supplemental declaration to place on the
record the additional relevant documents in support of said City Defendants’ motion for partial
summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure 1.
2. Attached as Exhibit “A” is a true and accurate copy of plaintiff Adrian
Schoolcraft’s Third Amended Complaint in the instant action, dated January 22, 2015. (Docket
Entry Nos. 341 & 342.) Plaintiff filed the instant action originally on August 10, 2010. (Docket
Entry No. 1.) Plaintiff previously filed his First Amended Complaint on September 13, 2010.
(Docket Entry No. 21.) Plaintiff previously filed his Second Amended Complaint on October 1,
2012. (Docket Entry No. 2013) Plaintiff’s Third Amended Complaint alleges claims against City
Defendants for deprivation of rights under 42 U.S.C. § 1983; violation of his First Amendment
rights under 42 U.S.C. § 1983; false arrest under 42 U.S.C. § 1983; malicious abuse of process
under 42 U.S.C. § 1983; excessive force under 42 U.S.C. § 1983; failure to intercede under 42
1

Defendants submit these additional and/or revised exhibits in response to the Court’s decision granting plaintiff
leave to file a third amended complaint.

U.S.C. § 1983; unlawful search and seizure under 42 U.S.C. § 1983; involuntary confinement
under 42 U.S.C. § 1983; conspiracy to violate plaintiff’s rights under 42 U.S.C. § 1983;
municipal liability under 42 U.S.C. § 1983; assault under New York State Law; battery under
New York State Law; false arrest under New York State Law; false imprisonment under New
York State Law; intentional infliction of emotional distress under New York State Law; and
negligent hiring, supervision, and retention under New York State Law.
3. Attached as Exhibit “B” is a true and accurate copy of relevant portions of
plaintiff Adrian Schoolcraft’s first deposition, taken on October 11, 2012 in which he testifies to
various facts and circumstances that he believes support the allegations in his complaint, and
during which he was unable to point to any evidence supporting certain claims.
Dated:

New York, New York
January 30, 2015

ZACHARY W. CARTER
Corporation Counsel of the
City of New York
Attorney for City Defendants
100 Church Street, Room 3-200
New York, New York 10007
[phone]
By:

cc:

Nathaniel Smith (By ECF)
Attorney for Plaintiff
Gregory John Radomisli (By ECF)
MARTIN CLEARWATER & BELL LLP
Attorneys for Jamaica Hospital Medical Center
Brian Lee (By ECF)

_____________/s_______________
Ryan G. Shaffer
Senior Counsel
Special Federal Litigation Division

IVONE, DEVINE & JENSEN, LLP
Attorneys for Dr. Isak Isakov
Paul Callan (By ECF)
CALLAN, KOSTER, BRADY & BRENNAN, LLP
Attorneys for Lillian Aldana-Bernier
Walter Kretz (By ECF)
SCOPPETTA SEIFF KRETZ & ABERCROMBIE
Attorney for Defendant Mauriello

Docket No 10-CV-6005 (RWS)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ADRIAN SCHOOLCRAFT,
Plaintiff,
-againstTHE CITY OF NEW YORK, et al.,
Defendants.

SUPPLEMENTAL DECLARATION OF
RYAN G. SHAFFER

ZACHARY W. CARTER
Corporation Counsel of the City of New York
Attorney for City Defendants
100 Church Street, Room 3-200
New York, New York 10007
Of Counsel: Ryan G. Shaffer
Tel: [phone]

Due and timely service is hereby admitted.
New York, N.Y. ......................................................, 2015
.................................................................................. Esq.
Attorney for .......................................................................