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
Case 1: 10-cv-06005-RWS

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-x

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 THEODORE LAUTERBORN,
Tax Id. 897840, Individually and in his
Official Capacity, LIEUTENANT WILLIAM
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, LIEUTENANT TIMOTHY CAUGHEY,
Tax Id. 885374, Individually and in his
Official Capacity, SERGEANT SHANTEL
JAMES, Shield No. 3004, Individually
and in her Official Capacity,
LIEUTENANT THOMAS HANLEY, Tax Id.
879761, Individually and in his
Official Capacity,CAPTAIN TIMOTHY
TRAINER, Tax Id. 899922, Individually
and in his Official Capacity,
(Caption continued on following page.)

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CAPTION: (continued)
SERGEANT SONDRA WILSON, Shield No.
5172, Individually and in her Official
Capacity, SERGEANT ROBERT W. O'HARE,
Tax Id. 916960, Individually and in his
Official Capacity, SERGEANT RICHARD
WALE, Shield No. 3099 and P.O.'s "JOE
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") , 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 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) ,

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Defendants.
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111 Broadway
New York, New York
October 8, 2013
10:17 a.m.
DEPOSITION of MICHAEL MARINO, held
at the above time and place, taken
before Al-Furquan Baker, a Shorthand
Reporter and Notary Public of the State
of New York, pursuant to the Federal
Rules of Civil Procedure, Order and
stipulations between Counsel.

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APPEARANCES:

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LAW OFFICES OF NATHANIEL B.

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Attorneys for Plaintiff
111 Broadway
New York, New York

SMITH

10006

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BY:

NATHANIEL B.

SMITH,

ESQ.

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NYC LAW DEPARTMENT
CORPORATION COUNSEL
Attorneys for Chief Michael Marino
and All City Defendants
100 Church Street
New York, New York
10007
BY:
SUZANNA PUBLICKER METTHAM, ESQ.

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CALLAN KOSTER BRADY & BRENNAN, LLP
Attorneys for Defendant Lilian
Aldana-Bernier
One Whitehall Street
New York, New York
10004

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BY:

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MEREDITH B.

BORG,

ESQ.

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(Continued on following page.)

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Page 226
M.

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Marino

on-site as being those individuals

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A.

Yes.

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Q.

What is

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Brooklyn North

A.

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the function

Investigations

commanding officer of

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They handled any internal

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that

well

As

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from

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by them rather

as

Q.

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officer of

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A.

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IAB deems
than

investigation
fit.

cases

can be handled

IAB.

And who was

the commanding

the borough at that

time?

Assistant Chief Gerald

Nelson.

Q.

So when you

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Hawkins

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understood

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direction of either

and Duncan
that

MS.

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the

the borough.

being assigned the

that

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Unit?

commanding officer deems

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IAB

the

They worked directly for

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the

of

saw Gough,

there,

they were

you
there at

the

IAB or Nelson?

PUBLICKER METTHAM:

Objection.
You can answer.

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A.

No.

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Q.

What's

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your understanding of

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M.

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Marino

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is

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Schoolcraft's residence

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right?

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A.

Be was

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Q.

And we were

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and you didn't see him anywhere near

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not there.
talking about

when you ordered them to

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I
language,

that night,

take him.

think that was your

right?

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A.

My vernacular,

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Q.

Your vernacular?

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A.

Yes.

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Q.

And at that point you believe

yes.

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that you had the authority to give that

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order because you thought that Officer

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Schoolcraft was

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disturbed person;
MS.

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an emotionally
is

that correct?

PUBLICKER METTBAM:

Objection.

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Asked and answered.

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You can answer again.

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A.

Yes.

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Q.

All

At the moment that you gave

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right.

that order,

can you identify for me in
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M.

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Marino

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what way you believe that Office

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Schoolcraft was
MS.

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acting as an EDP?

PUBLICKER METTBAM:

Objection.

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Asked and answered

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repeatedly.

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One more

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A.

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time you,

answer.

Based upon the diagnosis by

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trained medical professionals

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with his

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was

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temporary.

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Q.

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actions,

I

believe

that there

something wrong with him,

you are

What was

coupled

at least

the diagnosis

that

referring to?

A.

The paramedic lieutenant,

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female paramedic lieutenant told me

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that he had to go

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was dangerous

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he refused to go he was making improper

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decisions

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emotionally disturbed person.

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Q.

the hospital.

i f he didn't,

and she would treat him as an

Okay.

indicated was

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It

and that if

And the other thing

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to

the basis for

that you

your

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