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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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

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LAMSTEIN-REISS,

M.D.

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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
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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.

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saw him,
I

which was a

few days

had no reason to think he was a
Never

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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.

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And so I

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thought he

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LAMSTEIN-REISS,

M.D.

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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
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LAMSTEIN-REISS,

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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

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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.

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I

didn't

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LAMSTEIN-REISS,

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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:

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I

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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

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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

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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.

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MOS

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M.D.

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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

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message on

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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.

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M.D.

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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

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the next entry.

I'm sorry 21:40
Telephone contact

Sick desk off duty

signed my name.
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