Schoolcraft v. The City Of New York et al

Filing 399

FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of NATHANIEL B. SMITH in Opposition re: 297 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit POX 28, # 2 Exhibit POX 29, # 3 Exhibit POX 31, # 4 Exhibit POX 32, # 5 Exhibit POX 34, # 6 Exhibit POX 35)(Smith, Nathaniel) Modified on 2/17/2015 (db).

Page 1
1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

2

---------------------------------------------X

3

ADRIAN SCHOOLCRAFT,

4

Plaintiff,

5

Case No:
-

6

10

against -

cv

06005

7

THE CITY OF NEW YORK,

ET AL.,

8

Defendants.

9

10
11

---------------------------------------------X
111 Broadway
New York,

New York

12
May 14,

2014

10:24 a.m.

13
14
15
16

DEPOSITION OF JESSICA MARQUEZ,

pursuant to

17

Notice,

18

time,

19

within and for the State of New York.

taken at the above place,

before DENISE ZIVKU,

a

date and

Notary Public

20
21

22
23

24
25

212-267-6868

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JESSICA MARQUEZ

1

2

MR.

LEE:

Thank you.

3

MR.

SMITH:

I

think this is so

4

much clearer than the copies that I

5

have.

6

everybody?

7

MR.

Can we

just go make copies for

RADOMISLI:

8

do that later.

9

clear.

I

I

I

think i t ' s pretty

would like to

10

done.

11

think we could

just get this

You're going to have her read i t

out loud anyway.
MR.

12

SMITH:

The text,

13

sure I

14

because there's all

15

yes,

for

will have her read out the text,

checks and . . .
MR.

16

these markings and

RADOMISLI:

Let's

just

17

conduct the deposition.

18

previously sent you of copies of the

19

chart.

20

you want later.

I

will make you another copy if

MR.

21

We have

22

will make a

23

Q.

Okay,

all right.

We

okay.

24

SMITH:

25

copy during the break,

All right,

do you have in front

of you the original Jamaica Hospital PCR

212-267-6868

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2

JESSICA MARQUEZ
form for Adrian Schoolcraft?
MR.

3

RADOMISLI:

The one that's

contained in the chart?

4

MR.

5

SMITH:

Yeah.

6

A.

Yes.

7

Q.

What is this document?

8

A.

This is the patient care report,

9
10

which contains patient personal information
and your medical findings.

Q.

12

Comes from what?

this form come

from?

13

14

And where does

A.

11

What do you

Like who supplies i t to me?

mean?

15

Q.

Yes,

who supplies

16

A.

Oh,

17

Q.

And is this a

this document?

Jamaica Hospital does.
document that you

18

are required to f i l l out as part of your

19

duties as an EMT at Jamaica Hospital?

20

A.

Yes,

i t is.

21

Q.

Why is this document created?

22

A.

I t ' s created to generate reports

23

as to what you responded to and for

24

hospital.

25

Q.

212-267-6868

No,

I

understand that.

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the

I

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1

JESSICA MARQUEZ

2

understand the information.

3

underlying reason for

A.

4

5

report?

To document your medical

Q.

Does

this document get

transmitted to anybody?

A.

8

9

creating this

the

findings.

6

7

What's

Yes,

i t does.

To the fire

department.

Q.

10

Why is

11

A.

the fire

department?

12

i t sent to

13

York runs

the EMS

Q.

14
15

Cause

the fire department of New
system.

So why is i t sent to

the

fire

department?
MR.

16

RADOMISLI:

17

Q.

just

answered that.

18

She

19
20

me a

Can you explain that answer to

l i t t l e bit more?

A.

The fire

department has

to

21

document and have on record all paperwork

22

generated for every

23
24
25

Q.

Is

job that you

the copy of this

respond to.
PCR provided

to anybody else?
A.

212-267-6868

I

don't know that.
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JESSICA MARQUEZ

1

2
3

Q.

Is a

copy of the PCR provided to

anybody else at Jamaica Hospital?

4

A.

5

copy or this

6

the patient's folder.

7

record.

8

Q.

9

I

know the hospital has either a
copy of the form attached to
The patient's medical

Does this PCR constitute a part

of the patient chart?
MR.

10

Objection.

RADOMISLI:

11

could answer.

12

A.

I

13

Q.

And is this a

You

believe so.
document that's

14

used by the hospital personnel to make

15

decisions about the patient?

16

MR.

17
18

A.

I

19

Q.

Well,

Objection.

You

could you answer.

20
21

22
23

RADOMISLI:

don't know that.
is i t important when

filling out this PCR to be accurate?

A.

You document your findings

and

what the patient tells you.

Q.

So you agree with me that i t ' s

24

important that this form be filled out

25

accurately,

212-267-6868

right?
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1

2

A.

Correct.

3

Q.

And i t ' s important because the

4

information in here may be pertinent to use

5

in subsequent medical decisions;

6

right?
MR.

7

RADOMISLI:

8

A.

Objection.

You

could answer.

9

isn't that

This document is not used to

10

diagnose a

11

as

12

me.

13

going to treat a

14

said.

15

authority than I.

16

patient tells me their symptoms and that's

17

it,

This document is used,

to my opinion and what the patient tells
A doctor -- I

I

don't think a

doctor is

patient because of what I

am not -- he is of higher medical
I

only write what the

so.

Q.

18

patient.

Thank you.
I

I

am just asking you

19

questions.

am not trying to suggest

20

anything,

21

be suggesting something later,

22

I

23

understanding is about why this document is

24

created and for what purposes i t is.

25

what I

but I

don't know-- well,

I

might

but right now

am just trying to find out what your

212-267-6868

That's

am trying to get at.
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JESSICA MARQUEZ

1

2

A.

Understood.

3

Q.

You believe that if any Jamaica

4

Hospital doctor gets

this

information

5

they're going to do

6

assessment about the patient;

7

correct?

their own independent

8

A.
Q.

Did you f i l l

that

That's correct.

9

is

10

out this entire

document yourself?

11

A.

Yes.

12

Q.

Is

13

there any handwriting on this

document that's not yours?

14

A.

15

besides

16

That's

17

document is mine.

Q.

18

No,

this is all my handwriting

the receiving nurse signature.
not mine,

Okay.

but everything else on this

On the top of this

19

document says agency name and then there's

20

some scribbling over the word

21

that?

j-a-m.

22

A.

The scribbling over it?

23

Q.

Yes.

24

A.

I

25

Q.

Whose handwriting is

What is

212-267-6868

don't know.

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that?

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JESSICA MARQUEZ

1

2

A.

I

3

Q.

Is i t yours?

4

A.

I

couldn't tell you.

don't recall if I

5

This is a

6

on top of this with another sheet will

7

transfer over.

So I

8

that.

wrote Jamaica Hospital

9

Medical Center,

10

I

carbon,

wrote that.

know I

so anything that you write

can't tell if I

wrote

but those numbers on top,

I

couldn't tell you.

11

MR.

RADOMISLI:

The numbers near

12

the box agency name,

13

referring to.

14

A.

Is

16

Q.

Yes.

17

A.

These -- 2,

18

Q.

So you have in front of you the

19

carbon copy.

20

is?

15

that's what he's

that where you're referring

to?

9,

1,

1?

Do you know where the original

MR.

21

3,

22

A.

I

23

Q.

Is

24

A.

Objection to the form.

department?

25

LEE:

212-267-6868

don't know.
the original sent to the fire

That's possible.
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[!WITNESS NAME]

1

2
3
4
5

Q.

6

interview at

7

A.

That's

8

Q.

And do you

9

Queens

This

DA' s

is

a

summary of your

the Queens DA's office,

right?

correct.
recall going

to

the

office?

10

A.

Yes.

11

Q.

You went there with

12

counsel with you,

13

Thomas Mofilia;

is

14

A.

That's

15

Q.

Was

16

counsel

17

a

-- you had

person by the name of
that correct?

job?

or was

correct.

that your own personal
that supplied to you by your

18

A.

By my

19

Q.

This was

20

job.
a

Jamaica Hospital

supplied attorney?

21

A.

Yes.

22

Q.

You met with

23

the

24

this

individual by

right?

25

name of Bureau Chief Leander;

A.

212-267-6868

is

that

Yes.
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[!WITNESS NAME]

1

Q.

2

And you also met with Sergeant

3

Scott from the

IAB Unit of the police

4

department;

that right?

is

5

A.

That's correct.

6

Q.

Bow long did this

8

A.

I

9

Q.

Do you know if i t was

7

10

interview

last?
don't recall.
recorded

in any fashion?

11

A.

I

12

Q.

Were you sworn to

tell

the

like you were sworn to

tell

the truth

13

truth,

14

don't remember.

this morning?

15

A.

I

16

Q.

To

the best your ability,

17

the answers

to

the question that you

18

provided,

were

don't remember i f I

was.
did

those true?

19

A.

Yes.

20

Q.

On the last page of

21

document,

22

2 going on to page 3,

23

that says

24

Police Officer Schoolcraft did go into the

25

ambulance when he left voluntarily the first

212-267-6868

actually,

it's

this

the bottom of page

there is

a

statement

that EMT. Marquez clarified that

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[!WITNESS NAME]

1

2

time.

She acknowledged that the wording on

3

the PCR wasn't correct and maintained that

4

he was

5

that?

inside of the ambulance.

You see

6

A.

Yes.

7

Q.

So that was one of the errors

8

that you mentioned earlier;

9

MR.

10

Q.

that right?

Objection to

the

form.

11

RADOMISLI:

is

Let me

12

in the PCR,

13

was

What

which you have in front of you,

incorrect?
A.

14

15

just clarify that.

My PCR,

I

stated that the

patient walked away even before
MR.

16

A.

17

RADOMISLI:

--

Read i t .

Before patient was detained,

18

patient walked down with 50 Eddie three and

19

NYPD.

20

around and stated he did not need help and

21

walked way.

22

transport resumed.

23

with the 81st Precinct.

24

25

As patient approached bus he turned

Q.

Patient was

then detained and

Patient is an officer

So i t there something in the

portion of the PCR that you

212-267-6868

just read into

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2

[!WITNESS

NAME]

the record that was incorrect?

3

A.

That's correct.

4

Q.

What was

5

MR.

the error?

RADOMISLI:

Just read the

6

portion that was incorrect.

7

A.

As patient approached the bus he

8

turned and stated he did not need help and

9

walked away.

10

Q.

Bow was

11

A.

Because the patient actually

that incorrect?

12

walked in my ambulance with me,

13

the stretcher and let me reevaluate him and

14

then when he was

15

to go to Forest Bills Hospital,

16

he stated he did not need our services.

17

stood up and walked out of the ambulance and

18

walked back to his residence.

19
20

Q.

sat down on

told that he was not going
that is when
Be

And you saw him walk out of the

ambulance?

21

A.

Yes.

22

Q.

And the correction that you want

23

to make here is

24

just read suggests that he never got inside

25

the ambulance;

212-267-6868

that the portion that you

is that correct?

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[!WITNESS NAME]

1

2

A.

That is

3

Q.

Further along in that paragraph

4

that I

5

Marquez denied speaking to anyone in regards

6

to Police Officer Schoolcraft being -- i t

7

says and,

8

they arrived at Jamaica Hospital,

9

with me?

10
11

was

correct.

just reading from says:

but i t means an EDP,

A.

No,

I'm not.

I

EMT

think,

when

are you

Going back to

the

top paragraph?

12

Q.

13

Exhibit 124

14

Marquez disclosed that she gave the triage

15

nurse at Jamaica Hospital her medical

16

findings.

17
18

No,

we're on the third page of

there is a

thing that says:

EMT

Do you see that?
MR.

RADOMISLI:

Where are you

now?

19

MR.

20

her attention to

21

EMT Marquez disclosed that she gave the

22

triage nurse at Jamaica Hospital her

23

medical findings.

24

MR.

25

SMITH:

I

am trying to draw

the sentence that says

RADOMISLI:

Show me where

you're reading from.

212-267-6868

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1

2

MR.

3

disclosed.

4

A.

Yes.

5

Q.

That's where I'm at right now.

6

Do you see

SMITH:

EMT Marquez

that portion?

7

A.

Okay.

8

Q.

So you told the Queens DA that

9
10

you gave
findings;

the

triage nurse your medical
that right?

is

11

A.

That's correct.

12

Q.

And was

13

gave the

that correct that you

triage nurse your medical findings?

14

A.

Yes,

15

Q.

What were the medical findings

16

did.

that you gave her?

A.

17

18

I

in

a

I

told her that the patient was

hypertension crisis.

19

Q.

Did you

20

A.

Yes,

tell her anything else?

and I

stated that patient

21

stated he had abdominal pain and that he

22

felt dizzy and I

23

Nyquil because he said he wanted to

also told her that he drank
sleep.

24

Q.

Did you tell her anything else?

25

A.

No,

212-267-6868

I

did not.

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[!WITNESS NAME]

1

2

Q.

3

triage nurse

4

Schoolcraft?

5

A.

No,

6

Q.

Can you describe her to me?

7

A.

I

8

Q.

Male,

9

A.

I

10

Q.

The sentence goes

Do you know the name of
that you spoke

I

the

to about

don't.

can't do

that.

female?

don't remember.
on to

that police officer is

say:

11

Semi colon

12

and that she wasn't sure why he was

13

exhibiting signs

of hypertension.

14

also

that you told the Queens DA

15

that you told the triage nurse?

information

16

A.
Q.

Did you,

18

triage nurse

19

A.

That's

20

Q.

Did you

Is

that

Yes.

17

agitated

in fact,

tell

that Schoolcraft was

the
agitated?

correct.
tell her

that you

21

weren't sure why he was exhibiting signs of

22

hypertension?

23

The reason I

A.

said that was

24

because patient stated he had no medical

25

history.

212-267-6868

I

explained to her he was
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in a

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[!WITNESS NAME]

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2

hypertension crisis and to what ideology I

3

had no idea,

4

hypertension history.

5

either him being agitated or what was going

6

on possibly elevated his blood pressure to

7

that extent.

8

Q.

9

Marquez

because he had stated he had no
So i t had to do with

The next sentence says:

EMT

stated that Lieutenant Broschart

10

filled in the blanks as she left.

11

that?

You see

12

A.

Yes.

13

Q.

This is what you told the Queens

A.

After I

14
15

DA?

16

what was going on.

17

to the

18

told the triage nurse

don't know.

19

He then began to speak

triage nurse.

Let me

Q.

What did he say,

I

just clarify something
Did you tell

20

here for a

21

DA that a

22

the Queens

blanks as you left?

23

second.

Lieutenant Broschart filled in the

A.

I

didn't--

24

those are my exact words

25

the blanks,

212-267-6868

but I

I

don't know if
that he filled in

did say whoever rode with

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[!WITNESS

NAME]

2

me on the ambulance was

3

nurse what was going on after I

4

medical

5

Q.

6
7

see.

I

Broschart?
A.

As

far

as

9

names of any officer,

12

gave her my

Who is Lieutenant

any names,

11

told the

report on the patient.

8

10

the one who

chief,

because I

names

I

did not give

don't even know the
lieutenant,

captain,

whoever was on scene with us.

Q.

When you were talking to

the

triage nurse --

13

A.

Yes.

14

Q.

-- you were giving her your

15

medical findings,

right?

16

A.

Correct.

17

Q.

And there was also a

police

18

officer or member of the PD standing there

19

with you,

correct?

20

A.

Correct.

21

Q.

And the three of you were

That's correct.

22

talking,

23

the triage nurse and you and some member of

24

the police department were standing

25

providing information to

212-267-6868

is

that what you're saying is

that

the triage nurse?

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[!WITNESS NAME]

2

MR.

3

A.

Objection to the

form.

4

RADOMISLI:

That's not what I'm saying.

5

What I'm saying is after I

6

yes,

7

there while I

8

Because the patient,

9

handcuffed,

so someone has

10

and he was,

this other person who was

11

watching the patient.

12

gave my report,

this other member of PD was standing

Q.

was giving the report.
at this point,

is now

to be with him

When i t says here EMT Marquez

13

stated that Lieutenant Broschart filled in

14

the blanks as

15

filling

she left,

what blanks was he

in?
MR.

16

17

A.

Objection to the

form.

18

RADOMISLI:

I

don't know what filled in the

19

blanks means.

20

was once I

21

was with us was now telling the triage nurse

22

what was going on as far as

23

being agitated and that they want him to

24

have a

25

Q.

212-267-6868

What I

was

trying to state

gave my report,

the officer who

the patient

psyche eval.
Whoever this cop was
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that was

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[!WITNESS NAME]

1

2

with you was

3

the triage nurse?

also providing information to

4

A.

That is

5

Q.

That information,

was

correct.

6

it,

7

evaluated psychologically;

as you recall

that he wanted the patient to be
is

that correct?

8

A.

That is

9

Q.

Did any of the police officers'

correct.

10

information get put into

11

prepared?

12

MR.

the PCR that you

Objection to

LEE:

13

A.

Yes,

14

Q.

What information?

15

A.

The captain's name.

16

Q.

In

the form.

I

see that.

the narrative section of the

17

PCR i t says among other things,

18

of ESU,

19

agitated and resistant.

NYPD

50 E 3

upon entry

and C 513 patient was
Do you

see

that?

20

A.

Yes,

21

Q.

Did lieutenant Broschart or

I

do.

22

somebody from

23

information about the patient being agitated

24

and resistant or was

25

you observed with your own eyes?

212-267-6868

the NYPD provide the

that information that

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[!WITNESS NAME]

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2

A.

3

information

Captain never provided any
to me.
MR.

4
5

A.

Just answer his

question.

6

RADOMISLI:

Yeah,

7

coming back to

8

he was

agitated upon

time.
So the answer

Q.

9

the ambulance

the second

to my question is

10

that the lieutenant or anybody else from

11

NYPD,

12

information that's

13

narrative;

they didn't provide any of the

is

set forth

in this

that correct?

14

A.

That's correct.

15

Q.

Okay.

16

page of

the PCR,

17

address

information -- well,

18

name and address

19

assessment of the patient's weight,

20

you make

21

15 0 pounds?

Going back to
underneath

the name and
next to

information,

that determination

the first

the

there is a
how did

that he weighed

22

MS.

23

Objection.

24

Q.

Two hundred and fifty pounds?

25

A.

Be told me he weighed 250

212-267-6868

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JESSICA MARQUEZ

1
2
3

4
5

blood pressure is elevated.

Q.
what does
A.

What does

the 160 number mean,

that refer to?
The 160 tells me that the

6

patient's heart is overexerted because i t ' s

7

meeting at 160 systolically.
the 120 mean?

8

Q.

What does

9

A.

What the artery is now at rest

10
11

after the blood has

Q.

Do

I

rushed out of

understand this

the heart.
form to

12

also say that at 9:55 you took Schoolcraft's

13

blood pressure and vital

signs,

as well?

14

A.

Yes,

15

Q.

Where did that take place?

16

A.

In the ambulance at this point.

17

Q.

How many times was

18

I

did.

Schoolcraft

in the ambulance?

19

A.

Twice.

20

Q.

Did you take his blood pressure

21

the first

time he was in the ambulance,

22

indicated in this form,

as

or the second time?

23

A.

The first

24

Q.

And did you take that blood

25

time.

pressure reading at 10:55 --

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JESSICA MARQUEZ
9:55?

3

A.

Yes.

4

Q.

Is that your handwriting on

5

there on the line 21:55?

6

A.

Yes,

7

Q.

Did you make that entry in the

i t is.

8

corresponding entry at 21:55 or did you

9

enter that information at sometime after

10

21:55?

11
12

A.

That information was inputted

inside the ambulance.

Q.

13

And the information above that

14

was

15

about the

16

this PCR at the time that the blood pressure

17

and other vital readings were being taken or

18

sometime after the readings were taken?

19
20
21
22

taken at 21:45,

A.

was

that information

time and the numbers recorded on

I

don't remember when I

put this

initial vital sign.

Q.

Did you have -- was

this initial

vital taken of Schoolcraft in the apartment?

23

A.

Yes,

24

Q.

Did you have the PCR form,

25

original,

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i t was.
the

with you in the apartment?
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