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).

Download PDF
----- --------~---------- --------- -----------~--------- Page 1 1 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 3 4 i -------------------------------------------X ADRIAN SCHOOLCRAFT, Plaintiff, 5 6 C;ase No: - 7 against - 10 cv 06005 8 THE CITY OF NEW YORK, ET AL., 9 Defendants. 10 11 -------------------------------------------X 12 111 Broadway New York, New York 13 July 24, 14 2014 12:11 p.m. 15 16 17 DEPOSITION OF ALAN COOPER, 18 Notice, 19 time, 20 1il'l i it. h i n taken at the above place, before DENISE ZIVKU, a nd f or pursuant to the S t a t e of a date and Notary Public New Yo r k . 21 22 23 24 25 212-267-6868 VERITEXT REPORTING COMPANY www 516-608-2400 Page 18 1 ALAN COOPER 2 the 3 important 4 talk structure of IAB. to this It's case. really So you could to your witness. 5 MS. PUBLICKER METTHAM: 6 did not ask 7 about how they performed their duties. MR. 8 for structure. But you SMITH: You asked You want to talk with your witness. 9 10 MS. PUBLICKER METTHAM: Well, 11 what are you getting at in 12 intelligence section and how i t gathers 13 it's information? 14 this is 15 not. 16 a it 18 this Q. I of know whether law enforcement privilege or MR. 17 So terms SMITH: All right, we'll do way. The notice of deposition has three sections been marked as 20 that 21 c:tbCI'ltt. 22 and practices 23 regarding the protection of members 24 NYPD retaliation by other members 25 t:.he I understand you're here i t testify The first from NYPD. " 212-267-6868 154. It has 19 of one is D, "The policies the City of New York Have you seen the notice VERITEXT REPORTING COMPANY www of the of of 516-608-2400 Page 19 ALAN COOPER 1 2 deposition before? A. 3 4 be able to to determine Q. 5 have I look at i t in order that. am showing you what's I to 6 previously marked as 154, 7 been that document before? 8 A. Yes, 9 Q. Are you here one believe to testify section D, 11 City witness 12 A. I 13 Q. Section E provides on just read I that to· you so, testify about for to 15 disciplinary actions, 16 City of New York against members 17 for 18 NYl?D." See that as the yes. 14 retaliation on subject matter? believe and seen so. 10 appear t:he I have you ever if a witness "The any, taken by against members of of the the NYPD the section? 19 A. Yes. 20 Q. Are you 21 City witness 22 A. I believe so, yes. 23 Q. Then K on the next page 24 document 25 believe was 212-267-6868 is on here that another to testify as a section? subject matter scheduled for today. VERITEXT REPORTING COMPANY www of the that I K says 516-608-2400 --~ ----------- -------~-~---~-------- -~----~ ----- Page 20 1 ALAN COOPER 2 that 3 and practices 4 and 5 connection with how 6 investigations 7 supervisors made by other members 8 NYPD var~ous groups w~thin 9 IAB have different areas within their the the subject matter is: of and how the internal assurance qual~ty policies "ThE~ affairs bureau IAB and QAD conducts of alleged willful the 10 respective 11 of by the NYPD and 12 the 13 rev·iew committee." in div~sion conduct by of the the jurisdictions and the formation the recommendations implementation and by the crime reporting You section? 14 A. Q. Are you here 16 testimony as 17 ·that. I that Yes. 15 see 19 groups 20 you 21 City witness just read with the on section K to you? Yeah, A. 18 a to provide but i t actually IAB not groups says within, as ~ndicated. Q. MS. 22 I Okay. also m~sread ~t. PUBLICKER METTHAM: 23 will note that he 24 testify about 25 and implementation of is And not here I to the formation by the NYPD the VERITEXT REPORTING COMPANY 212-267-6868 www 516-608-2400 Page 44 1 ALAN COOPER 2 MS. PUBLICKER METTHAM: We're 3 talking about 2007 to 2010. 4 A. majority of the There are a 5 lines 6 okay. 7 that will be a 8 help support getting information about 9 corruption, misconduct within the police 10 department, we also have non-taped lines. 11 We would call 12 line. 13 numbers. 14 1-212-CORRUPT, 15 call in 16 precinct that you can call 17 So you can call 18 one of those 19 non·-recorded line. 20 in the command center are So if you call Q. the general number taped line, but in order to them the pride line or corrupt Those names It's there taped lines, refer to the phone 1-800-PRIDE PD or the letters corrupt. -- If you if we advertise within the in anonymously. into the command center to two numbers and that's a When somebody or when an officer 21 or member of service calls in, 22 required to identify themselves by name or 23 some other means or do 24 option of remaining anonymous? MS. 25 are they always have the PUBLICKER METTHAM: ~~-~--- 212-267-6868 they ----------- VERITEXT REPORTING COMPANY www .veritext.corn 516-608-2400 Page 45 1 ALAN COOPER 2 Objection. 3 A. You can answer. They have 4 remaining anonymous. 5 protect 6 Q. the option of their That would help identity. Is that an important thing? 7 MS. PUBLICKER METTHAM: 8 Objection. You could answer. 9 A. Yes. 10 Q. Why? 11 MS. PUBLICKER METTHAM: 12 Objection. You could answer. 13 A. These investigations are 14 confidential. We would like to protect 15 those members of service who come forth 16 information about misconduct and corruption. 17 Q. What's 18 MS. 19 Objection. 20 A. Q. What's your year of birth? 1960. 21 with 22 PUBLICKER METTHAM: You can answer. your highest level of E~duc::ation? 23 MS. 24 Objection. 25 A. I PUBLICKER METTHAM: You can have a answer. bachelorette degree. - - - - - - - - - - - - - - - - 212-267-6868 VERITEXT REPORTING COMPANY www --- 516-608-2400 Page 64 1 ALAN COOPER 2 same page with you, 3 deal 4 d~scr~m~nation with 5 investigations A. 6 but the EEO into issues reports that of based on sex or gender Q. Yes. or one of 7 categories; is that 8 A. Q. In other protected Yes. 9 the right? the note on 10 205-38 11 who 12 retaliation 13 make 14 anonymity and 15 4amployee making 16 the first page of t.ha1t:.? it ScLYS: is made "Any member of t~he service aware of an allegation of for reporting wrongdoing reasonable efforts to protect confidentiality of the 17 A. Q. Does the the allegation." You see Yes. 18 shall 19 member of 20 does that note govern how a IAB conducting the that note apply to that 21 MS. 22 Objection. 23 A. Q. In what way does investigation? Yes. 24 investigation, 25 PUBLICKER METTHAM: You reasonable efforts can answer. IAB make to protect anonymity and VERITEXT REPORTING COMPANY 212-267-6868 www 516-608-2400 Page 65 1 ALAN COOPER 2 confidentiality of the employees making 3 allegations to it? 4 MS. 5 Objection. 6 A. PUBLICKER METTHAM: You can answer. Maintaining the anonymity of a 7 member of the 8 corruption or misconduct regardless 9 whether it's service reporting such for of retaliation or otherwise, 10 i t is the priority of internal affairs 11 bureau 12 possible in order to avoid retaliation, 13 order to ke~ep secret as in to prevent retaliation where possible. Q. 14 their identity as Protect them from what? 15 MS. 16 Objection. 17 A. 18 Jt::et.aliation. 19 Q. 20 PUBLICKER METTHAM: You can answer. Protect them from acts What kinds retaliation are you of acts of of referring to? 21 MS. 22 Objection. 23 A. Any kind. 24 Q. So we are 25 or a -~~----~ ~-- PUBLICKER METTHAM: talking about transfer physical act of violence, anything? --~~ 212-267-6868 VERITEXT REPORTING COMPANY www 516-608-2400 Page 66 1 ALAN COOPER 2 MS. 3 Objection. 4 A. 5 It PUBLICKER METTHAM: You could answer. could run the gamut, yes, any·thing. 6 Q. How does IAB go about 7 maintaining anonymity of people 8 misconduct? 9 MS. 10 Objection. 11 A. PUBLICKER METTHAM: You can 12 are 13 are very, 14 within 15 everybody 16 in 17 The 18 contact 19 They would try to 20 outside the normal 21 order 22 thought 23 these 24 to 25 to maintain confidential. IAB, IAB. So 2 I 2-267-6868 the of that to such our access access IAB has that's access an to Not the cases not to site. contact them work environment in seen speaking with allegations. the and even their work them or not -- all cases initial protection. call types these IAB would strive they're those to limited. is complainant at be investigations limited within the in The investigators take answer. First of all, very reporting We or IAB or making would endeavor undergo anonymity of heard or those efforts the VERITEXT REPORTING COMPANY www. veritext.corn 516-608-2400 Page 67 ALAN COOPER 1 2 complainant. 3 Q. 4 Why would not calling the work place maintain their anonymity? 5 MS. 6 Objection. 7 A. Ask that again. 8 Q. Yeah. 9 of the ways PUBLICKER METTHAM: I think you said that one that IAB protects members 10 anonymity is by not calling them at their 11 command. I think that's what you said. 12 A. Right. 13 Q. Why would calling them at their 14 command reveal their anonymity? 15 MS. PUBLICKER METTHAM: 16 Objection. You could answer. 17 A. So, if IAB was to call 18 of the 19 internal affairs bureau, 20 speak to 21 complaint. That would probably divulge 22 officer was speaking with 23 doing that. 24 Q. 99th Precinct and say hi, the desk the is the we would like to officer who called in the IAB. that So we avoid How would IAB avoid doing that? MS. 25 this PUBLICKER METTHAM: VERITEXT REPORTING COMPANY 212-267-6868 www .veri text .com 516-608-2400 Page 68 1 ALAN COOPER 2 Objection. 3 A. You could answer. In most instances by 4 ne>t:. do it. 5 complainant or 6 trying to employment. To Q. 7 not contacting the the reporter at his place of Do you agree with me 8 member of 9 misconduct or corruption and then a service, who witnesses 10 is put 11 have 12 report misconduct, 13 concerned about being viewed as to in the that a awkward position, comply with 14 MS. 15 Objection. 16 A. where it they their obligation and but at the same time be rat? a PUBLICKER METTHAM: You can answer. Just repeat i t . MR. 17 18 reports repeating SMITH: Would you mind just that question. 19 (Record read.) 20 MS. 21 going 22 an 23 witness, 24 to 25 A. 212-267-6868 to PUBLICKER METTHAM: object again that this appropriate question for but I will allow I'm a is not 30 (b) (6) the witness answer. Yes. VERITEXT REPORTING COMPANY www 516-608-2400 ------- ---------------------~------ Page 69 1 ALAN COOPER 2 Q. Why is 3 MS. 4 Objection. 5 Q. that? PUBLICKER METTHAM: Or explain 6 MS. 7 A. to me? Objection. 8 that 9 PUBLICKER METTHAM: Someone who's corruption reporting or misconduct on his 10 that he has 11 peers. Any human being would be 12 that 13 giving 14 about you 15 your 16 peer or 17 continue i f his peers to knows impacted. 18 to peers found out some confidential or work with his concerned that if I was information up reporting your misconduct, treatment of me, whether i t be then from a supervisory relationship might be Q. How might i t be 19 MS. 20 Objection. 21 the 22 A. impacted? PUBLICKER METTHAM: Again, this is well beyond scope. Could be impacted in any number You may no 23 me. 24 ~11it:h 25 friend 212-267-6868 or longer wish to You may no longer wish to be my if it's on a speak supervisory VERITEXT REPORTING COMPANY www 516-608-2400 "- ----- --- --- ------ --·- -- ------- ------~ ~---- ------------- -- -- Page 70 1 ALAN COOPER 2 subordinate 3 habits 4 situation or my 5 things 6 position you may impact my work not my work habits, that a to Q. 7 level, tours or any number supervisor might control The guide procedures 9 you in regarding my last page of 8 says my work of the the life. the patrol that you have "M~ambers of in front of service who 10 voluntarily provide information 11 in 12 be acknowledged for 13 integrity." 14 A. Yes. 15 Q. Can you explain internal/external You to assist us investigations their high acts see should of t~hat? to me why guide procedure refers 16 patrol 17 reporting of misconduct or corruption as 18 hi<;Jh act of to the the a integrity? 19 MS. 20 Objection. 21 testify about deliberative process or 22 why information the 23 patrol guide. 24 answer to 25 A. I 212-267-6868 any PUBLICKER METTHAM: The witness I is will not here included in allow him the extent he don't is to to knows. really know why VERITEXT REPORTING COMPANY www .veritext.corn that's 516-608-2400 ·-- -- ---- ----~- ---------------- - -- --~---- ---- --·----- --~--- ----- -- ---- - ~--- ------- -- -·- Page 146 1 ALAN COOPER 2 Q. And then on the last page of 3 this document there is this 4 here retaliation case investigative steps? 5 A. Right. 6 Q. Do you know where 7 information that's 8 heading was obtained? the collected under 9 MS. PUBLICKER METTHAM: 10 Objection. You could answer. 11 A. i t right there, that Says 12 Henry conferred with D. 13 D. I. I. Lieutenant DiBartolomeo and Loren~~o. 14 Q. And who are 15 A. D. I. those individuals? DiBartolomeo is 16 commanding c•fficer, 17 investigation group otherwise known as group 18 D. so the the special Miriam I . MS. 19 20 A. 22 Lorenzo 23 53, 24 Slow down. 21 PUBLICKER METTHAM: s:afe!ty agents. Want me is Q. " - -- - -- - - --~- -- D. I. the commanding officer of group which is 25 to go back the group that covers Okay, so am I --"- " - - - - - - - - - - - school correct that in --"--~- VERITEXT REPORTING COMPANY 212-267-6868 www 516-608-2400 Page 147 1 ALAN COOPER 2 retaliation cases 3 should be the number one concern the protection of the victim? 4 MS. PUBLICKER METTHAM: 5 Objection. You could answer. 6 A. That's what's on the document as 7 w:z::·i tten. 8 p:z::iority in our investigations. 9 saying that Yes, that is a very, very high I'm not that's not my wording. 10 That's the wording that was used either by 11 DiBart or by Lorenzo -- Q. My question is do you agree with 14 A. Absolutely. 15 Q. And then i t also 12 13 it? says here that 16 you shouldn't interview the CV or the 17 coJrn:plaining 18 A. Complainant victim. 19 Q. Complaining victim? 20 A. Complainant or victim or. 21 Q. But you should not do 22 ·thE~ PG, that under do you agree with that? 23 MS. PUBLICKER METTHAM: 24 Objection. You could answer. 25 A. 212-267-6868 Case-by-case. VERITEXT REPORTING COMPANY www 516-608-2400 Page 148 1 ALAN COOPER 2 Q. I t says 3 A. That goes here also towards 4 that victim or complainant's 5 maintaining confidentiality. Q. 6 I t also says in this second 7 bullet here "Never call permanent command 8 looking for the C/V." 9 that? Do you agree with 10 MS. PUBLICKER METTHAM: 11 Objection. You could answer. 12 A. 13 strong word. 14 that I 15 call the 16 in 17 members 18 may be 19 internal 20! maintain, 21 e>r hers. Right. used, this but yes, deposition I Okay. with the use of 24 agree with 25 only extremely rare the to to alert any other the officer complaint to affairs bureau in order you know, the word explained previously that command that 23 212-267-6868 an extremely we endeavor not speaking or making a Q. 22 is I t wouldn't have been command as of Never to his Well, to confidentiality you might not agree the word never, spirit of the the but do you idea circumstances VERITEXT REPORTING COMPANY www that under would you 516-608-2400 --------- -- ~ -------- Page 149 1 ALAN COOPER 2 call the permanent command 3 complainant victim. 4 MS. 5 Objection. 6 A. were 8 to agree for the with that? You could answer. I t would be best Q. contact And was the i f you other methods. 9 able Do you look PUBLICKER METTHAM: Yes. 7 to this 10 document based on any 11 procedures of 12 collective knowledge 13 individuals 14 Henry and Deputy 15 complainant via part of this standard operating Lo.r,enzo? IAB or was MS. 17 Objection. 18 A. to it You large l i t t l e bullets for 21 particular retaliation 22 handle quite 23 Q. 25 A. DiBartolomeo and it 20 before Lieutenant could answer. their experience 24 the PUBLICKER METTHAM: 19 a IAB, Inspectors By and for the and experience of referred 16 i t based on comes just pulling what few of And you together they would do some in They cases. them. reviewed appearing here out of ·today, this document right? Yes. VERITEXT REPORTING COMPANY 212-267-6868 www 516-608-2400 ~----- - - --- -~- ----- - -- -- -- ---~---- ---~ Page 150 1 ALAN COOPER 2 3 Q. And you produced knew i t was being to me? 4 A. Yes. 5 Q. Is 6 you think there should be 7 MS. 8 Objection. 9 A. 10 today's 11 quite 12 nothing in here 13 shouldn't be As anything in here that corrected? PUBLICKER METTHAM: You I could answer. read i t meeting, in the past before I would be I accurate. believe i t all can't say there's that's that not accurate or corrected. 14 MR. 15 don't have 16 time. 17 SMITH: one Chief. I any more questions at this PUBLICKER METTHAM: MS. 18 Thank you, I have clarifying question. 19 EX1U1INATION BY 20 MS. PUBLICKER METTHAM: Chief, Q. 21 22 would you have 23 victim at his A. 24 25 know, 212-267-6868 we're In to under what contact a circumstances complaining permanent command? a situation charged with obviously, you conducting the VERITEXT REPORTING COMPANY www 516-608-2400 Page 151 1 ALAN COOPER 2 in"restigation. We have 3 irnrestigation. The 4 move 5 where 6 The 7 in 8 allegation of 9 retaliation, 10 ~nformat~on. 11 allegat~ons 12 they're going 13 speak with 14 compla~nants 15 become uncooperative, 16 sp•e.ak with us. 17 We forward. the conduct the investigation has We encounter some complainant becomes who compla~nant the to called to situations uncooperative. the ~n compla~nt f i r s t place and initiated an serious misconduct or that's They're as a who, upon that's 19 there may come a 20 forced by 21 contact them in 22 Q. And service, but need to experience own the~r to maintain We the sometimes We don't 18 the at some point, We they like reflect~on, st~ll to do need to i t that conf~dent~al~ty. extremely important, time the serious mak~ng member of to, us. like th~nk the person with but that we would be complainant's own actions to an official manner. ~f there were current 23 phone number for 24 their 25 which you would contact the individual at 212-267-6868 ten card, the no compla~n~ng would that be a v~ct~m on circumstance VERITEXT REPORTING COMPANY www 516-608-2400

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?