Schoolcraft v. The City Of New York et al

Filing 396

DECLARATION of NATHANIEL B. SMITH in Opposition re: 297 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit POX 1, # 2 Exhibit POX 2, # 3 Exhibit POX 3, # 4 Exhibit POX 4, # 5 Exhibit POX 5, # 6 Exhibit POX 8, # 7 Exhibit POX 10)(Smith, Nathaniel)

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Page 1 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 2 ---------------------------------------------X 3 ADRIAN SCHOOLCRAFT, 4 Plaintiff, 5 Case No: - 6 against - 10 cv 06005 7 THE CITY OF NEW YORK, ET AL., 8 Defendants. 9 10 11 ---------------------------------------------X 100 Church Street New York, New York 12 January 30, 2014 13 10:22 a.m. 14 15 16 17 DEPOSITION OF CATHERINE LAMSTEIN-REISS, M.D., 18 pursuant to Subpoena, 19 place, date and time, before DENISE ZIVKU, a 20 Notary Public within and for the State of 21 New York. taken at the above 22 23 24 25 212-267-6868 VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 Page 318 C. 1 LAMSTEIN-REISS, M.D. 2 you were the psychologist that had seen 3 Schoolcraft when he called? 4 MS. 5 Objection. 6 A. 7 happens 8 supervisor, 9 duty and they call whoever is on duty. 10 11 I is Q. PUBLICKER METTHAM: don't believe he did. What they call the sick desk who looks up and sees who is on So on October 31, 2009, you happened to be on pager duty? 12 A. Correct. 13 Q. So Captain Lauterborn called the 14 sick desk and he was looking for 15 from the psychological evaluation services? 16 MS. 17 Objection. 18 A. somebody PUBLICKER METTHAM: Psychological evaluation 19 section. 20 services section, 21 screening, 22 looking for a 23 give him a 24 situation. 25 Q. 212-267-6868 Although, the psychological which does pre-employment they also do pager duty. He was department psychologist to call to consult about the Did you tell Ca~tain Lauterborn VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 Page 319 C. 1 2 LAMSTEIN-REISS, M.D. you had evaluated and met with Schoolcraft? 3 A. Yes. 4 Q. And told him that during the 5 conversation that you had with him on 6 October 31st? 7 A. Yes. 8 Q. What else did you tell Captain 9 Lauterborn? 10 A. Be was asking me if there was 11 any reason to be concerned about the fact 12 that he went AWOL and that he seemed to be 13 upset and said he had stomach pains and 14 should they be concerned, 15 look for him, 16 Typically, 17 said he wasn't sure they wanted to suspend 18 him, 19 psychological problem as opposed to a 20 disciplinary one and so he wanted to consult 21 with me. do they need to go make sure he's okay. in that situation they do. Be because they thought this was more of a 22 I told him that as of the last 23 time I 24 earlier, 25 danger to himself or others. 212-267-6868 saw him, I which was a few days had no reason to think he was a Never VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 Page 320 1 C. LAMSTEIN-REISS, M.D. It didn't 2 expressed thoughts of suicide. 3 seem to be anything that serious that would 4 lead me to be concerned. 5 also never acted like that before. 6 went AWOL, 7 to stay and was now saying he had stomach 8 pains, 9 not know i f that meant something new However, he had He never leaving even though he was while being visibly upset. told So I did 10 happened that led him to be so upset that he 11 was acting in a 12 and that kind of stuff and led to a 13 reoccurrence of stomach pains badly enough 14 that he did that or maybe the stomach pains 15 never went away to begin with and I 16 sure and that my evaluation is 17 though, 18 suicidal, 19 -- i t was nothing like that. 20 reason to think he was, 21 was only as good as 22 them. I different manner going AWOL wasn't -- even was not saying this person is he's had these thoughts, I you must had no except my evaluation the last time I saw So if something happened since 23 24 then or they're acting different since then, 25 that may be different. 212-267-6868 And so I VERITEXT REPORTING COMPANY www .veritext.com thought he 516-608-2400 Page 321 C. 1 LAMSTEIN-REISS, M.D. 2 absolutely did need to find him and make 3 sure that he was Q. 4 okay. Was your sharing of information 5 about Schoolcraft with Lauterborn a 6 violation of Schoolcraft's privacy? 7 MS. 8 Objection. 9 A. PUBLICKER METTHAM: No. This is they're not 10 treatment records. 11 our office before they -- before I allow 12 them to make sure 13 that they know 14 record only within the department and only 15 on a 16 is on the open need to Whenever they come to their mouth on all, I that the interview is know basis, on the so within that i t record. 17 So in this case, someone is AWOL 18 and they're upset and they leave and they 19 say their 20 in 21 know, 22 about why he was 23 information like, 24 his 25 problem, stomach hurts that manner, for deemed there was a need to him to know some basic information father 212-267-6868 I and they're acting on restricted duty. you know, Not whether or not used -- had any kind of drug whether or not he's had sex in the VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 Page 322 C. 1 LAMSTEIN-REISS, 2 last few years. 3 business. 4 That does 5 I mean, M.D. like that's not his hand. He doesn't need to know not relate to the situation at What did relate was 6 issues of do 7 we need to be concerned about this 8 so 9 pertinent to I released information that I that, that. guy and deemed while keeping everything said, even else as 11 though i t ' s on the 12 department, 13 not private treatment records. Not 14 everything needs to be given 15 out rather. 16 confidential. Like I 10 it's record within an NYPD evaluation. to be known -- The entry here says Q. the It's that Captain 17 Lauterborn kept you informed throughout the 18 night; is that right, 19 A. Correct. 20 Q. Did he he did that? 21 22 tell you that he spoke with Schoolcraft's father? I A. 23 notes, 24 to reference my Q. 212-267-6868 believe he did. Yes, he definitely did. 25 but I would have Did he tell you that VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 Page 323 C. 1 LAMSTEIN-REISS, 2 Schoolcraft's father 3 M.D. knew Schoolcraft was fine? A. 4 I 5 there was 6 something, believe the words were that nothing to worry about or yeah, Q. 7 told Lauterborn that he to that effect. Lauterborn did report to you 8 that he had a 9 and the father was not concerned about the 10 conversation with the father son? 11 MS. 12 Objection. 13 A. PUBLICKER METTHAM: The father was not concerned, 14 but I 15 son that day or that he even knew everything 16 going on. I t seemed the father didn't know 17 why he was on restricted duty. 18 seemed to me that maybe Officer Schoolcraft, 19 at the i t seemed to me 20 just didn't want his father 21 was on restricted duty. 22 at the 23 didn't know that, 24 father 25 symptoms 212-267-6868 don't know that he had spoken with his time, time. So the fact I And i t that he maybe to know why he That was my theory that the father didn't know if the knew he went to a that were stress hospital with heart related. VERITEXT REPORTING COMPANY www .veritext.com I didn't 516-608-2400 Page 324 C. 1 LAMSTEIN-REISS, 2 know if the father 3 Seroquel. 4 was not telling his I Q. 5 knew he'd been prescribed didn't know. What I M.D. father It seemed like he this stuff. want to know is what did 6 Captain Lauterborn tell you about his 7 conversation with the father? A. 8 9 My recollection -- to review my notes, I would have but my recollection is 10 that the father 11 all, 12 reasons 13 they were looking for him. 14 15 but he was explaining to Okay. your notes, A. the 2009 I If you want to look at would appreciate that. I t ' s from the notes 17 31, 18 20:15 hours 19 the page, the of October time of that conversation was noted in the left-hand column of 20:15. MS. 20 the father they were concerned and the reason Q. 16 said he was not concerned at 21 Q. That is on D283. 22 PUBLICKER METTHAM: 23 24 Do you have the first page of your 10/31/09 notes A. Which page is MS. 25 212-267-6868 in front of you? that. PUBLICKER METTHAM: VERITEXT REPORTING COMPANY www .veritext.com I 516-608-2400 Page 325 C. 1 LAMSTEIN-REISS, M.D. believe you're 2899 and 282, 2 MR. 3 SMITH: Mr. Smith? I'm actually 4 referring to 2901, 5 pager. MS. 6 7 D282, 8 Q. 9 with the ledger and PUBLICKER METTHAM: It is i t is but 2901. So is there a for 10/31 in your file, 10 A. 11 rather long, 12 Q. A. One, Doctor? Four pages? 13 rather long entry 14 third, don't know what you consider but i t ' s -- two, three, four and a yes. All right, Q. 15 16 I can you just read that into the record. A. 17 Sure. Pager duties Adrian Schoolcraft, regarding 18 P.O. 19 of the page I 20 hours. 21 desk log of my being put on duty. 22 below that that I 23 hours. 24 10/31/09. 25 Sergeant Kloos. 212-267-6868 10/31/09, noted that I on left was on at 17:40 Page number 455 refers to the sick I noted was off duty at 21:40 Back to the main text in the body. Telephone contact with sick desk VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 Page 326 1 C. LAMSTEIN-REISS, 2 MS. 3 K-1-o-o-s. 4 A. M.D. PUBLICKER METTBAM: Yes. I believe that's the 5 spelling. I t ' s possible I'm wrong about the 6 spelling. MOS was at work today. 7 slammed sick report on the sergeant's desk 8 and said he was going out sick. 9 told him to stick around. Be Sergeant Be refused and 10 left. 11 they called sick desk and get authorization 12 and wait for command to arrange coverage. 13 MOS was working on the telephone 14 switchboard. 15 Cops are at his home waiting for his 16 arrival. 17 They think he picked up and then hung up. 18 Since then no answer. 19 suspending him, 20 of psych problem. 21 81 Precinct, 22 requests 23 name. 24 25 Didn't follow procedure. Q. Typically, MOS did not go straight home. They called MOS on his cell phone. They are thinking of but they suspect i t is more XO of MOS's command, the is Captain Lauterborn and response from PES and I signed my The is information that you received from Sergeant Kloos from the sick 212-267-6868 VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 Page 327 C. 1 2 LAMSTEIN-REISS, M.D. desk? 3 A. Correct. 4 Q. All 5 A. I t will be more clear as 6 reading 7 that the part about possibly not suspending 8 him because they thought i t might be more of 9 a right, through please continue. the notes, psych problem, I'm but i t ' s possible that may have come 10 secondhand through Sergeant Kloos. 11 came directly, 12 If i t notes. 13 i t would be the rest the Telephone contact with Captain MOS doing a to day tour 14 Lauterborn. 15 today at TS all day, 16 switchboard all day. 17 typically keeps 18 much with other officer and did same 19 Nothing seemed out of ordinary. 20 he went down 21 then put a 22 and said going sick. 23 stomach pain. 24 but he 25 has made allegations against others. 212-267-6868 7 3 meaning telephone All was fine. He to self and doesn't converse to locker room, today. 2:00p.m., changed and sick report on sergeant's desk He wrote that he had Sergeant tried to left anyway. stop him, Underlying issues. VERITEXT REPORTING COMPANY www .veritext.com MOS 516-608-2400 Page 328 C. 1 LAMSTEIN-REISS, M.D. 2 Department's investigation of these 3 allegations picked up this week and i t 4 snowballed from 5 P.O.'s and two civilian people were called 6 down for questioning. 7 and asked about i t . 8 telephone message log, 9 going. there. This week about four MOS goes up to them Notifications are in so he knows who is When they return, he tries to 10 intercept them and get information from them 11 about what he was 12 should have been what they were asked. 13 that thought the person was a 14 that's what i t says what he was 15 Today was 16 sure what happened today that triggered him 17 to leave like first asked -- about -- Or Anyway, asked. tour back after RDOs. Not that. Delegates, 18 he. it peers, sergeants and 19 Captain Lauterborn all left him messages and 20 asked him to go back to command. 21 lieutenant is 22 there. 23 there earlier. 24 footsteps at him home. 212-267-6868 car is Landlord said MOS may have been Can usually hear MOS's when home. MOS not home. Next entry, 25 His A I left a VERITEXT REPORTING COMPANY www .veritext.com message on 516-608-2400 Page 329 1 C. LAMSTEIN-REISS, cell phone. M.D. 2 MOS's 3 Captain Lauterborn's cell phone. 4 that the Captain said he could 5 to his 6 command. I 7 captain, so 8 and easily without need for 9 mobilization to home I gave my cell number and I told him just return i f didn't want to go to the urged him to go home or call his this could be resolved quickly a city-wide search for him or 10 disciplinary action, 11 easier 12 now. 13 concerned for his 14 make sure everyone is okay. to I like suspension. just resolve i t quickly and easily explained that everyone is 15 Much just safety and they want to Next entry, telephone contact 16 with Captain Lauterborn. 17 that I 18 described above. 19 call MOS's 20 he is 21 likely to know his whereabouts. 22 will call undersigned when locates or hears 23 from MOS, 24 25 I left message on MOS's I informed captain cell phone as suggested that captain father because that's the person closest to and the person who is most Captain signed my name. Next entry at 20:15 hours. Telephone contact with Captain Lauterborn. 212-267-6868 VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 Page 330 C. 1 LAMSTEIN-REISS, M.D. 2 Still no word from MOS. Captain called MOS's 3 father, who also hadn't heard from him. 4 Father, quote, 5 over the phone -- over phone, 6 understood captain's point of view and 7 confirmed. 8 encourage him to go home. 9 to MOS's home. had some issues, end quote, but eventually Hoping father will call MOS and Captain will go I t ' s possible he's home, 10 not answering phone. 11 landlord has 12 captain has 13 Have to have cause. 14 but that route. a I asked if the spare key. it, He said yes and but legal issues with using. Hoping to avoid going 15 Q. What were those legal issues? 16 A. I didn't ask. 17 MS. 18 Q. All 20 A. And I don't know. Objection. 19 I PUBLICKER METTHAM: right, go ahead? signed my name. 20:40 21 hours the next entry-- 22 hours is 23 with Sergeant Kloos. 24 since not known when MOS might be located 25 and I 212-267-6868 the next entry. I'm sorry 21:40 Telephone contact Sick desk off duty signed my name. VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400

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