Schoolcraft v. The City Of New York et al

Filing 401

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 40, # 2 Exhibit POX 41, # 3 Exhibit POX 42, # 4 Exhibit POX 45, # 5 Exhibit POX 46, # 6 Exhibit POX 47, # 7 Exhibit POX 48, # 8 Exhibit POX 49)(Smith, Nathaniel) Modified on 2/17/2015 (db).

Case 1:08-cv-01034-AT-HBP Document 284 Filed 05/30/13 Page lot 225
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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DAVID FLOYD, et al.,

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Plaintiffs,
v.

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CITY OF NEW YORK, et al.,

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08 CV 1034(SAS)

Defendants.
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New York, N.Y.
March 20, 2013
10:00 a.m.

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Before:
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HON. SHIRA A. SCHEINDLIN,
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District Judge
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APPEARANCES
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BELDOCK LEVINE & HOFFMAN, LLP
Attorneys for Plaintiffs
BY:
JENN ROLNICK BORCHETTA
JONATHAN MOORE
COVINGTON & BURLING, LLP
Attorneys for Plaintiffs
BY:
KASEY MARTINI
GRETCHEN HOFF VARNER
ERIC HELLERMAN
BRUCE COREY

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CENTER FOR CONSTITUTIONAL RIGHTS
Attorneys for Plaintiffs
BY:
DARIUS CHARNEY
SUNITA PATEL
BAHER AZMY

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SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

43 7

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"E. Velazquez"

MR. MOORE:

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The plaintiffs will call Pedro Serrano.

Officer Pedro Serrano.

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PEDRO SERRANO, 40th precinct,

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called as a witness by the Plaintiffs,

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having been duly sworn, testified as follows:

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DIRECT EXAMINATION

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BY MR. MOORE:

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Q.

Good afternoon, Officer Serrano.
Could you tell us a little bit about yourself.

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were you born?

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A.

I was born in Quanto, Puerto Rico.

12

Q.

How old are you now?

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A.

I'm 43.

14

Q.

And how far have you gotten in school?

15

A.

I have about 90 credits.

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liberal arts.

17

Q.

Where is your associate degree from?

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A.

LaGuardia community college.

19

Q.

Are you currently in school?

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A.

No.

21

Q.

Are you married?

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A.

Yes.

23

Q.

What's your wife's name?

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A.

Annabel Serrano.

25

Q.

Do you have any children?

Where

I have an associates degree in

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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A.

Four.

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Q.

Boys, girls?

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A.

Two boys, two girls.

4

Q.

And are you presently employed?

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A.

Yes.

6

Q.

Where are you employed?

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A.

New York City Police Department.

8

Q.

And how long have you been a New York City police officer?

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A.

Approximately nine years.

10

Q.

When did you first join?

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A.

'04.

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rest in 40 precinct to current.

13

Q.

The rest has been in the 40th precinct?

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A.

Yes.

15

Q.

So you became a police officer in July of 2004,

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approximately?

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A.

Yes.

18

Q.

You spent six months in the academy.

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40th precinct?

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A.

Yes.

21

Q.

Where is that located?

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A.

257 Alexander Avenue, Bronx, New York.

23

Q.

In what capacity were you assigned to the 40th precinct?

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A.

I have different capacities but right now I'm patrol.

25

Q.

When you first got there what were you?

2007.

I did six months in the police academy and the

Then you went to the

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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Serrano - direct

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A.

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precinct.

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Q.

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impact?

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A.

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they get about --

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Q.

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to the mic, because I'm having a hard time hearing you.

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A.

How about now?

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Q.

That's better.

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I was first -- I was the first impact class in the 40

might -- don't pull it out of the thing.

When you say the first impact class, what do you mean by

Impact is when a certain precinct gets a spike in crime,

Actually Officer Serrano, if you could move a little closer

Go ahead.

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If you could pull it towards you it

Tell us what operation impact is.

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A.

Operation impact is when a precinct has a spike in crime.

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It could be anything.

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for some officers.

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sends about 50 to 80 cops to a precinct.

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with police officers and try to lower the crime in that area.

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I was the first one in the 40 precinct.

19

Q.

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precinct?

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A.

Yes.

22

Q.

Now, how long did you do the impact work?

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A.

Approximately a year.

24

Q.

And then you became a regular patrol officer in the 40th

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precinct?

They request the bureau for some people,

The precincts -- the police academy usually
They flood the zone

And were you doing your impact work just 1n the 40th

A year to two.

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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A.

Well, first -- about one to two years in impact.

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went to the midnights.

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Then I

And then from the midnights I went to a detail which
was a summons auto.

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And then from there I became a transport auto, which

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all you do in transport -- you're transporting prisoners from

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the precinct to the 40 because we had so many prisoners.

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Then from there I went to four to twelves.
Q.

Four to twelve tour.

When you say -- after you left

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impact, you went to the midnight tour, correct?

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A.

Yes.

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Q.

And what was the one in between that and the transport

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auto?

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A.

I was the summons auto.

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Q.

What's that?

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A.

Get in the car.

17

Q.

For vehicular violations?

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A.

Mostly movers.

19

Q.

So, how long have you been on the four to twelve tour?

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A.

Approximately-- I think since 2006 maybe.

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sure.

22

Q.

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had a regular partner?

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A.

I had several.

25

Q.

Typically you have a regular partner, correct?

You drive around and you write summonses.

For cars.

I'm not too

And do you have a -- on the four to twelve tour have you

The current --

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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A.

Yes.

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Q.

And who's your partner at present?

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A.

Arroyo Perez.

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Q.

And he's a police officer?

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A.

Yes.

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Q.

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Patrol officer.
And how long has he been your regular partner?

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A.

About a year to two.

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Q.

And before that, did you have a regular partner?

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A.

Officer Chae.

11

Q.

And that's spelled C-H-A-E?

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A.

C-H-A-E.

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Q.

What's his first name?

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A.

Hyon.

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Q.

H-Y-0-N?

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A.

Something like that, yeah.

17

Q.

And how did it come that you left Officer Chae and became

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Officer Perez's

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A.

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a sergeant in Manhattan.

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Q.

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the 40th precinct?

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A.

Very.

24

Q.

So, in fact, for the eight-and-a-half years that you've

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actually been out of the academy you've been working in the

I don't know how to spell-

I'm sorry.

Okay.

Officer Chae passed the sergeant exam.

Became

So, would you say that you're pretty familiar with

Yes.

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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40th precinct, correct?

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A.

Yes.

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Q.

What is your present assignment in the 40th precinct?

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A.

Patrol.

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Q.

On the four to twelve, correct?

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A.

Yes.

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Q.

And can you tell us what your main function is as a patrol

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officer on the four to twelve shift?

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A.

Okay.

Four to twelve patrol.

Well as a patrol officer your main function is to

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provide service.

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is it's a very busy precinct.

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911 operator contacts our central.

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two-way radio, contacts the sector in concern.

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And what I mean -- what I mean by saying that
And whenever you dial 911, the
And then our central, via

And just to give you a little more background on the

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40, they -- when you have boundaries in the 40 they create a

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grid.

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or a Charlie.

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Q.

Those are called sectors, right?

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A.

Yes.

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Ida, John, etc.

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Q.

So you were here when Officer Polanco testified, correct?

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A.

Yes.

23

Q.

And he -- let me just show you what -- a document that he

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discussed which is Plaintiffs' Exhibit 355 which is in evidence

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which sets out, in the patrol guide, the duties of a police

And every square has a letter.

So there will be an Adam

Then there-- that's one sector.

Exactly.

Then there's a David, Eddie, Frank.

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

Henry,

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officer.

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Do you see that?

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A.

Yes.

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Q.

You're familiar with that document?

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A.

Yes.

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Q.

And with respect to the duties of a police officer, they

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would be set forth in some general detail in this document,

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correct?

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A.

Yes.

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Q.

And you heard Officer Polanco testify to what those general

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duties are and you agree with that?

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A.

Yes.

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Q.

One of the provisions directs that -- number one, it says,

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"Perform duty in uniform as indicated on roll call or as

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directed by a competent authority."

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Do you see that?

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A.

Correct.

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Q.

That's number one.
What does that mean, "competent authority"?

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A.

That is a lawful order, the way I interpret it.

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Q.

That means the lawful order given by a ranking officer?

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A.

Correct.

23

Q.

Any officer above -- sergeant and above, correct?

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A.

Yes.

25

Q.

Police department is sometimes referred to as a
SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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paramilitary organization, correct?

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A.

Yes.

3

Q.

And when your supervisors tell you to do something, patrol

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officers or police officers are expected to do it, right?

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A.

Yes.

6

Q.

That's how you were trained?

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A.

Yes.

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Q.

Both in theory and in practice, correct?

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A.

Yes.

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Q.

And you see number eight it says, in this document, it

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says,

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as otherwise directed."

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"Render all necessary police service in assigned area and

Can you give us an example of the type of service you

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render as a patrol officer in the 40?

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A.

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people dial 911.

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get calls.

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And it goes from backing up a -- or helping out a person who is

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injured, car accident, deal with a car accident.

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disturbed person.

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was stuck in a pool table.

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Well, in the 40 it's very busy, like I said.

A lot of

And when you -- when you're in the sector you

You get about 20 to 40 jobs a night in my precinct.

An emotional

Some people have called me because their cat

It ranges.

That actually happened.

Anything.

There are calls for everything.

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And we go and we try our best to help them.

And if we can't

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help them we give them -- we give them information to the

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people that can help.
SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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Q.

And

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A.

I'm sorry.

3

Q.

And so that would -- so that would be 90 percent of your

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time is spent responding to radio runs?

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A.

That is correct.

6

Q.

That would be typical of the duties of a patrol officer

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patrolling in a police car, correct?

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A.

That is correct.

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Q.

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And along the way in performing your duties are you asked

That takes about 90 percent of my time.

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to on occasion make arrests -- not asked but do you have

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occasion to make arrests?

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A.

Yes.

13

Q.

And do you have occasion to issue summons?

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A.

Yes.

15

Q.

And do you have occasion to write what are known as

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UF 250s?

17

A.

Yes.

18

Q.

Tell us what a UF 250 is.

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A.

UF 250 is a document that we fill out when we have a --

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when a person is -- there's reasonable cause to suspect that a

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person has committed, is committing, or will commit a crime.

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And when I say "crime" I mean penal law misdemeanor

I do make arrests.

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and felony.

Does not include violations.

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narcotics that's not out in the open.

25

Q.

And does not include

Let me show you on the screen the first page of Plaintiffs'

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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Exhibit 98 which I believe is in evidence, Judge.

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And have you ever seen this patrol guide provision

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before?

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A.

Yes.

5

Q.

And this

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frisk, correct?

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A.

Correct.

8

Q.

And is there a portion of this document that talks about

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how stop and frisk applies to a felony or a misdemeanor?

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the patrol guide provision applies to stop and

If you look on the third section it says procedure.
Procedure.

"When a uniformed member of the service

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A.

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reasonably suspects

13

Q.

Read slowly for the court reporter.

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A.

I am so sorry.

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Yeah.

"

"When a uniformed member of the service reasonably

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suspects a person has committed, is committing or is about to

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commit a felony or a penal law misdemeanor."

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Q.

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and there's a definition of stop.

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court.

21

A.

"To temporarily detain a person for questioning."

22

Q.

So if you walk up to individuals on the street to ask them

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a question, is that a stop, according to what your

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understanding is of the patrol guide?

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A.

There's a definition section up there for a stop and frisk
Can you read that for the

I.

I

Just to ask them a question, no.

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

'·

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Q.

Is it fair to say that to be a stop you have to intend to

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temporarily detain a person for questioning.

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A.

That's correct.

4

Q.

And there's also a definition for search.

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read that?

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A.

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parts of clothing to determine if object felt is a weapon."

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Q.

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that you can only do a search of a person if the frisk that you

"Search.

Can you just

To place hands inside pockets or other interior

Now is it fair to say when you're doing a stop and frisk

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conduct gives you some reason to believe the person has a

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weapon?

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A.

Yes.

13

Q.

And how sensitive of a search can you do if in frisking

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somebody you come upon something that you believe is a weapon?

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A.

Well it's supposed to be that area only.

16

Q.

Okay.

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A.

So if there's a bulge on the right side of his waist and I

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believe it to be a weapon, I search that area only.

19

Q.

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something that -- a bulge in the jacket, does that give you

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permission to go through pockets of somebody?

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A.

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If there is -- if in searching the individual you find a

No.

Definitely not.
THE COURT:

I may have missed it but when did you say

you could do the frisk?
THE WITNESS:

The frisk.

He didn't ask me that.

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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THE COURT:

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THE WITNESS:

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I guess I am.
Well the frisk is -- I frisk people when

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there is a bulge.

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bulge on his right waist and I believe it to be a weapon, I

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frisk that area only.
THE COURT:

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So if there is a

So you wouldn't routinely frisk somebody

who is stopped for questioning?
THE WITNESS:

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And only in that area.

No.

Definitely not.

BY MR. MOORE:

10

Q.

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believe that the person might have a weapon?

12

A.

Yes.

13

Q.

And, in fact, the definition reads, "A running of the hands

14

over the clothing feeling for a weapon," correct?

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A.

That is correct.

16

Q.

So it refers specifically to a weapon?

17

A.

Yes.

18

Q.

So simply stopping somebody does not give you the

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permission to frisk somebody, correct?

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A.

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So you would only frisk somebody when you have reason to

That's correct.
THE COURT:

The next paragraph says -- see where it

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says, "Number two.

Frisk, if you reasonably suspect you or

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others are in danger of physical injury."

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THE WITNESS:

25

THE COURT:

Right.
And that's what you just said, right?

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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THE WITNESS:

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Right.

2

Q.

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if frisk reveals object may be a weapon," correct?

4

A.

And the third -- the one right below that it says "Search,

Correct.
THE COURT:

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6

So in the frisk part you don't go inside

the pocket?

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THE WITNESS:

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THE COURT:

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THE WITNESS:

10

THE COURT:

11

No.
That's when you go outside?
Only time when you go in -That's the search.

THE WITNESS:

Right.

The only time you go in is if I

12

feel it and it's a gun.

Then I go in and I pull it out.

Or a

13

knife.

14

Q.

15

the New York City Police Department you've had occasion to

16

arrest people, correct?

17

A.

Yes.

18

Q.

And when do you believe you have the authority to arrest

19

somebody on the street?

20

A.

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they committed a crime.

22

Q.

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been a police officer to issue summonses?

24

A.

Yes.

25

Q.

And when do you believe you have the authority to issue

A weapon.

Now, over the course of your career as a police officer in

Probable cause.

When I have probable cause to believe that

And have you had occasion during your -- the time you've

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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somebody a summons?

2

A.

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violation.

4

Q.

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individuals, correct?

6

A.

Yes.

7

Q.

When do you believe that you have the-authority to stop

8

somebody?

9

A.

648

Same thing.

Probable cause that they committed the

And you've had occasion to conduct stop and frisks of

When you have reasonable cause to believe they committed a

10

criminal misdemeanor or felony.

11

Q.

Is that also referred to sometimes as reasonable suspicion?

12

A.

Yes.

13

Q.

And have you received training on when you can make stop,

14

questions, and frisks?

15

A.

Multiple trainings.

16

Q.

You received training on that at the academy, correct?

17

A.

I received the first one in the academy and then others

18

following that.

19

Q.

20

police department about stop and frisk issues?

21

A.

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gives us a form just like this, shows us a bulletin here and

23

there, gives us a piece of paper, explains it short, you know,

24

briefly.

25

Q.

One -- a couple at the precinct level.

And from time to time do you receive bulletins within the

At roll call we have a training officer who approaches us,

And that's the extent of that training.

Have you recently been sent, Officer Serrano, for

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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retraining on stop and frisk?

2

A.

Yes, I have.

3

Q.

When did that occur?

4

A.

Don't know the exact date, I'm sorry.

5

maybe like the last month.

6

Q.

7

649

that you did have the retraining.

We'll get to that in a minute.

8
9

But it was within --

I just want to bring up

Are you aware that the New York City Police Department
has a policy against racial profiling?

10

A.

Yes.

11

Q.

Have you ever received any training in the New York City

12

Police Department on that policy?

13

A.

Yes.

14

Q.

What was the extent of the training you received on that?

15

A.

Same like the 250.

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250.

17

about it.

18

roll call with the training supervisor and hands out bulletins,

19

gives a quick description of the training and that's it.

20

Q.

21

that the training officer reads the policy against racial

22

profiling?

23

A.

Yes.

24

Q.

And beyond that, have you ever received any training beyond

25

just the reading of the policy?

At the academy they had a class on the

They gave you bulletins and papers.

And had a speech

And then at the-- every now and then it pops up at

When you say a description of the training, do you mean

He reads it off the

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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A.

Not that I remember.

2

Q.

Tell us what the command structure of the 40th precinct

3

is.

4

A.

5

McCormack.

6

Q.

7

Christopher McCormack?

8

A.

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Well at the top is the commanding officer, Deputy Inspector

He's currently the commanding officer, Deputy Inspector

Yes.

Christopher McCormack is the commanding officer.
Then right under him is the executive officer, which

9

don't know her first name, but she's Captain Matarasso,

10

is

11

the executive officer.

12
13

After her is the admin lieutenant, which is Lieutenant
Patelli.

14
15

And after him is the integrity control officer,
Lieutenant Alba.

16

And then after them would be the lieutenant platoon

17

commanders.

18

Lieutenant Bucci.

19

The only one I know of is two of them which is
He's the-- he's in day tours.

And my lieutenant platoon commander is Lieutenant

20

Mack.

21

Q.

What's that last one?

22

A.

Mack M-A-C-K.

23

Q.

And then there are platoon commanders for the three tours

24

of duty?

25

A.

Yes.

Like the Big Mack.

I don't know who the midnight.

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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651

1

Q.

Below that would be sergeants who are squad supervisors

2

within each platoon?

3

A.

4

supervisors.

5

platoon.

6

Q.

Let me ask you --

7

A.

Squad.

8

Q.

Who is your current supervisor?

9

A.

Sergeant Monroe.

10

Q.

And how long has he been your supervisor?

11

A.

Approximately two years.

12

Q.

Are you evaluated by the New York City Police Department?

13

A.

We -- right now

if I may, I saw a monthly sheet there.

14

It has changed from

since Officer Polanco has been active,

15

guess, it's now-- that was a monthly.

16

a daily, weekly, monthly, quarterly, yearly level.

17

constantly monitoring us.

18

Q.

19

simply putting down numbers and requests for excellence report?

20

A.

21

many complaints you wrote, how many ADA cards you wrote, how

22

many car accidents, how many summons, arrests, how many 250s.

23

It's just a bunch of numbers on a piece of paper depicting what

24

I did all day long.

25

Q.

Yes.

I'm sorry.

After the lieutenant there's the squad

They are sergeants.

There's one for every

I

Now they evaluate us on
So they are

And on a monthly basis does the evaluation consist of

That's it.

You put down what you did for that day, how

Who gets that report?

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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1

A.

On a weekly basis, the sergeant is supposed to -- every

2

seven days he's supposed to look at it.

3

and see if I was an effective officer for that week.

4

Q.

5

is there any substance to it in terms of going through the

6

actual nature of an arrest or a stop and frisk or a summons or

7

is it just an evaluation of the numbers?

8

A.

9

specific amount of activity-- usually the first week he's not

10

going to bother you, because you have the whole month to catch

11

up.

12

towards the end, he'll let you know if you're lacking in

13

activity.

14

Q.

15

question is:

16

say for instance, the underlying facts regarding a particular

17

stop and frisk?

18

A.

No.

19

Q.

That's not part of the process?

20

A.

No.

21

Q.

Let me ask you this directly, Officer Serrano.

22

knowledge, has the NYPD imposed quotas for enforcement activity

23

on you and your fellow officers?

24

A.

Yes.

25

Q.

And can you tell us what kind of things that they say to

And I think grade it

And is the exchange with the -- with your squad supervisor,

What he normally does, he looks at it.

But he will look at it and sign it.

If I don't have a

And if it gets

My question though is -- I appreciate that.

But my

Do you ever discuss with your squad supervisor,

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

To your

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1

you about your activity?

2

A.

Well it's not enough.

3

Q.

So essentially if your numbers are not high enough bring

4

your numbers up?

5

A.

6

lieutenant -- I'm trying to remember his name -- but he told--

7

I had a real good month.

8

summonses.

9

any 250s.

It's too low.

Well if I'm going to be specific I was told once by

I had about three arrests, about 20

And you know A, B, C, a mixture.
And he mentioned it.

You know.

I answered a lot of jobs.

And I didn't have
I had a very busy

10

week.

11

thought I was going to get praise that month.

12

to me and said you need more 250s.

13

Q.

Who was that?

14

A.

I'm trying

15

retired.

16

Q.

Okay.

17

A.

Yes.

18

Q.

What is your basis for your knowledge that the NYPD, in

19

your judgment, imposes quotas for enforcement activity on you

20

and your fellow officers?

21

of that?

22

A.

23

roll call.

24

get retaliated against.

25

I didn't meet the quota.

I don't know.

Did a lot of work.

And I

And he came up

I was like really.

It's a lieutenant.

He

This happened a while ago.
All right.

But while in the 40th precinct, right?

What's your basis for your knowledge

The basis is they tell you to your face.

They tell you at

They pull you to the side and tell you.

Also you

I've gotten retaliated against because
Again, I might have enough arrests,

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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but I might not have enough C summonses for them.

2

654

after that.
But again it's -- they do retaliate.

3

So they go

And they tell

4

you that I need the specific number.

5

Q.

6

delegates?

7

A.

8

wrote an affidavit depicting that they were forcing me to

Is that also something that's reinforced by your union

Yes.

There were two trustees during an election.

MS. COOKE:

9

And I

Objection, your Honor, to the extent the

10

witness is testifying about a written affidavit.

11

That's a

hearsay statement.

12

THE COURT:

Sustained.

13

MR. MOORE:

I'm sorry.

14

THE COURT:

She's objecting to his out-of-court

15

statement.

16

MR. MOORE:

To his out-of-court statement?

17

THE COURT:

Yes.

18

Q.

19

what this example is.

20

A.

Leave out what you wrote and tell us what you -- tell us

Okay.

Well I told him that I was being --

21

MS. COOKE:

No.

22

THE COURT:

Still the same thing.

23

MR. MOORE:

It's what he says, Judge.

24

THE COURT:

I know.

25

MR. MOORE:

They can cross-examine.

That's an out-of-court statement.

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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THE COURT:

1

2

I understand that.

655

But it's still a

hearsay statement.
MR. MOORE:

3

All right.

Fine.

4

Q.

Can you tell me who of your supervisors that you mentioned

5

have told you that in sum and substance that there are quotas

6

within the New York City Police Department?

7

A.

Many.

8

Q.

Present squad supervisor, has he told you that?

9

A.

Sergeant Monroe.

I'm sorry.

Sergeant Bradway.

Sergeant Bloom

10

lieutenant -- that name is going to come to me.

11

Q.

Dutae?

12

A.

I'm sorry.

13

Q.

I thought that was the one that was -- I don't mean to

14

A.

There's another --there's Lieutenant Dutae.

15

lieutenant -- the ICO Lieutenant Barrett.

16

specific numbers in a specific area within a specific

17

timeframe.

18

against.

19

Q.

20

Matarasso and Deputy Inspector McCormack?

21

A.

Yes.

22

Q.

When they talk to you about your numbers, is it other than

23

that or is it just basically your numbers?

24

A.

It's--

25

Q.

Do they go into the substance of what your activity is?

Lieutenant Dutae.

There's

They have given me

And if I don't write them I will be retaliated

And when they talk to you -- does that also include Captain

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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1

A.

No.

2

656

They just -- they tell you exactly what you -- you

don't have enough of.

3

Can I speak about evaluation?

4

Q.

I'm sorry?

5

A.

I had the evaluation with Captain Matarasso.

6

Q.

Right.

7

A.

Well, yeah, they tell you specifically what you're lacking

8

in.

9

Q.

We'll get to that in a minute.

So, when do you believe that these -- when did you first

10

become aware that NYPD was, in your judgment, imposing quotas

11

on your -- for your enforcement activity?

12

A.

(No response).

13

Q.

When did you first become aware of that?

14

A.

Well it's immediately.

15

come out of the police academy.

16

quota.

17

a number.

18

20 summonses.

It shows up immediately when you
But I would call that a soft

I wasn't really retaliated against.
I remember the four and

They just give you

one arrest a quarter, and

But they really didn't come after me then.

2007 is when the 1 and 20 came into play, which is one

19
20

arrest, twenty summonses.

And, again, the twenty summonses

21

were not anything.

22

five C summonses, which are criminal court summonses.

23

five B summonses, which are movers.

24

Q.

When you say movers, what do you mean?

25

A.

When you're in a car and you have a cellphone and they give

They are specific.

They would say I need

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

I need

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you a summons for that.

2

I write a summons it's called a B summons, which in traffic

3

court is where you have to answer it.

4

A summons which is a parker.

5

and five.

6 57

6

Anything in a car is basically -- when

And the other summons is

And they would say five, five,

And then the other five would be up to us.
But it would definitely be those summons, the 250s,

7

and the arrests.

8

Q.

9

you believe there's also a quota with respect to your 250

So in addition to the summonses and arrests there's also

10

activity, correct?

11

A.

Yes.

12

Q.

Now, Officer Serrano, are you -- do you have any concern

13

about testifying here today?

14

A.

Oh, definitely.

15

Q.

What's that concern?

16

A.

Retaliation which it has already started.

17

they're going to try to set me up and get me fired somehow.

18

Q.

Why do you believe that?

19

A.

Again, it already started.

20

was scared.

21

started taking notes and just recording stuff.

22

scared to come out.

23

And I fear that

The minute -- 2007, again, I

But I knew that certain things were wrong so I
But, again, too

And recently when I finally mentioned something and I

24

called IAB, the minute -- I'm sorry.

The minute I made it, I

25

guess, known that I was going to testify in this court,
SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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1

captain -- Deputy Inspector McCormack when he came back from

2

CompStat started to just do things.

3

he did was he immediately called me into his office and -- I

4

appealed my evaluation.

5

pretense of appealing my evaluation, he called me into his

6

office with -- can I go into that?

7

Q.

8

evaluation, some of which is on an audio recording but

9

A.

Well he did a lot of things to retaliate.

10

Q.

Okay.

11

getting up here and testifying and the way you're testifying

12

about what's going on in the New York City Police Department,

13

correct?

14

A.

15

days.

16

Q.

Your first what?

17

A.

My first day at work.

18

Q.

Your first day back at work?

19

A.

From my regular day off.

20

Q.

When you say that you have been retaliated against, can you

21

tell us in what ways you've suffered retaliation for --

22

withdraw that.

23

So he said that that -- under the

You can tell us who it was.

Yes.

And one of the things that

We'll get into your

My question really goes to you have some fear of

I have fear to go --my first day starts in three

I can imagine what my first day is going to be like.

Have you expressed your opinion to your supervisors

24

that you believe that using quotas are illegal?

25

A.

Yes, I have.
SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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1

Q.

And when did you first begin to do that?

2

A.

I've been protesting 2007, 2008.

3

telling my supervisors that this is wrong, this is wrong, this

4

is wrong, and they're constantly telling me:

Hey this is the

5

way it is.

You can't fight

6

that losing battle.

7

Q.

8

discussion with your supervisors, do you feel that you've been

9

retaliated against?

I've been verbally

It's been done this way forever.

And as a result of your coming forward and having that

10

A.

Yes.

Definitely.

11

Q.

In what ways?

12

A.

Well someone took my locker and they moved it so all the

13

contents were tossed everywhere.

14

rodents on my locker.

15

Q.

What did that mean to you?

16

A.

That I was a rat.

17

Q.

And what's the significance of being labeled a rat when

18

you're a member of the New York City Police Department?

19

A.

20

officer, you're called a rat.

21

friends.

They put a lot of stickers of

Usually if you call IAB in reference to another police
But the inspector has a lot of

And they are very upset about what I did.

22

MS. COOKE:

23

testifying about --

24

THE COURT:

25

Objection, your Honor.

To the extent he's

To the extent he's just describing they

were very upset.
SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

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How do you know that?

1

2

Did you see the upset?

660

Did you

see it yourself?

3

THE WITNESS:

4

THE COURT:

5

THE WITNESS:

Yes, yes.
What did you see?
My, what do you call it, my PBA rep,

6

he -- we used to be good people.

7

yells at me.

8

known that I did this, he's just-- doesn't even want to look

9

in my direction.

He has very smart -- smart

THE COURT:

10

Now he talks to me -- he

I'll allow that.

as soon as it was

That's what he observed.

11

Q.

12

certainly the atmosphere for you within that precinct changed,

13

correct?

14

A.

15
16

So once you came forward you believe the -- at least

Definitely.
MR. MOORE:

Judge, I notice it's 4:30.

good point to --

17

THE COURT:

18

everybody tomorrow at 10:00.

19

It would be a

Okay.

Good.

We're done for the day.

Thank you.

(Adjourned to March 21, 2013 at 10:00 a.m.)

20
21
22
23
24
25
SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

See

Case 1:08-cv-01034-AT-H BP Document 284 Filed 05/30/13 Page 225 of 225

INDEX OF EXAMINATION

1

Page

2

Examination of:

3

ADHYL POLANCO

4

Direct By Mr. Charney

445

5

Cross By Ms. Cooke . .

508

6

Redirect By Mr. Charney

575

7

Recross By Ms. Cooke . .

589

8
9

PEDRO SERRANO

PLAINTIFF EXHIBITS

10

11

. . . 635

Direct By Mr. Moore

Received

Exhibit No.

12

284

465

13

98

506

14

419 and 420
DEFENDANT EXHIBITS

15

16
17

. 552

Exhibit No.
X-11

Received
552

18
19
20
21
22
23
24
25

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

6 61