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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516-608-2400
Page 56
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
516-608-2400
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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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JESSICA MARQUEZ
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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[!WITNESS NAME]
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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[!WITNESS NAME]
1
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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[!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]
1
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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2
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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