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).

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - - - - ADRIAN SCHOOLCRAFT,
Plaintiff,
-against- Index No.
10CIV-6005 (RWS)

-

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THE CITY OF NEW YORK, DEPUTY CHIEF
MICHAEL MARINO, Tax Id. 873220,
Individually and in his Official
Capacity, ASSISTANT CHIEF PATROL
BOROUGH BROOKLYN NORTH GERALD NELSON,
Tax Id. 912370, Individually and in his
Official Capacity, DEPUTY INSPECTOR
STEVEN MAURIE L L 0 , Tax I d . 8 9 5 11 7 ,
Individually and in his Official
Capacity, CAPTAIN THEODORE LAUTERBORN,
Tax Id. 897840, Individually and in his
Official Capacity, LIEUTENANT JOSEPH
GOFF, Tax Id. 894025, Individually and
in his Official Capacity, stg. Frederick
Sawyer, Shield No. 2576, Individually
and in his Official Capacity, SERGEANT
KURT DUNCAN, Shield No. 2483,
Individually and in his Official
Capacity, LIEUTENANT TIMOTHY CAUGHEY,
Tax Id. 885374, Individually and in his
Official Capacity, SERGEANT SHANTEL
JAM E S , S h i e 1 d No . 3 0 0 4 , and P . 0 . ' s " J 0 HN
DOE" 1-50, Individually and in their
Official Capacity (the name John Doe
being fictitious, as the true names are
presently unknown) (collectively referred
to as "NYPD defendants"), JAMAICA
HOSPITAL MEDICAL CENTER, DR. ISAK ISAKOV,
Individually and in his Official
Capacity, DR. LILIAN ALDANA-BERNIER,
Individually and in her Official Capacity
and JAMAICA HOSPITAL MEDICAL CENTER
EMPLOYEES "JOHN DOE" # 1-50, Individually

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(Continued)

212-267-6868

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Paqe 2
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and in

their Official Capacity

John Doe beinq fictitious,
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names

as

(the name
the

true

are presently unknown),

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Defendants.
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-

-

-x

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111 Broadway
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New York,

New York

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April

2014

25,

10:09 a.m.
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VIDEOTAPED DEPOSITION of FREDERICK M.

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SAWYER,

one of

the Defendants

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above-entitled action,

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time and place,

taken before Margaret

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Scully-Ayers,

Shorthand Reporter and

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Notary Public of

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pursuant to

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Procedure.

a

the

held at

in

the

the

above

the State of New York,
Federal Rules

of Civil

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*

*

*

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Page 111
F.

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M.

SAWYER

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him that Adrian Schoolcraft was

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to Jamaica Hospital.

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Q.

Do you have a

generally of

admitted

recollection

saying that

to him?

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A.

No,

7

Q.

Did you ever discuss Adrian

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I

don't.

Schoolcraft or his case with Mauriello?

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A.

Yes,

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Q.

When did you do

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A.

Upon return from

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Q.

The day you got back

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hospital?

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A.

Yes.

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Q.

What did you say to Mauriello?

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A.

I

was

I

did.

Lieutenant Jones.

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telephone call or radio

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DI Mauriello wanted me to

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had my driver,

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time,

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road.

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door,

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the car

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driving,

212-267-6868

I

the hospital.

who

I

the

I

the RMP to

either received a
transmission that
call him.

So I

don't recall at the
the

side of

exited the vehicle,

and walked several
so

to

reassigned to patrol by

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pull

that?

the officer,

feet

the

closed the
away from

whoever was

make sure they couldn't hear;
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and I

M.

SAWYER

called Mauriello via cell phone.

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Q.

What did you discuss with him?

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A.

The substance of the

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conversation was

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admitted to

that Schoolcraft was

Jamaica Hospital.

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Q.

Do you recall anything else?

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A.

No,

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Q.

What day was

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A.

November 1st,

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Q.

What time of day?

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A.

I

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do

not.
that?
2009.

don't recall

the specific

time.

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I

Q.

Was

there anybody else on

the

phone call?

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A.

No.

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Q.

What is your understanding how

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Mauriello knew that you had been at

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hospital?
MS.

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You can answer.

A.

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PUBLICKER METTBAM:

Objection.

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the

was

I

don't know how he found out I

at the hospital.
Q.

212-267-6868

Did you ever have any other
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Page 113

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F.

M.

SAWYER

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discussions with Mauriello about

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Schoolcraft?

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A.

No.

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Q.

Did you think i t was

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that Mauriello was

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to find out what the status was

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unusual

Schoolcraft?
MS.

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calling you and trying
of

PUBLICKER METTHAM:

Objection.

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You can answer.

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A.

No.

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Q.

Did anybody else call you to

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find out what the status

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was?
A.

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To

Q.

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of Schoolcraft

the best of my recollection,

Had you reported the fact

no.

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Schoolcraft had been admitted to

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Hospital

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returned from

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MS.

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Jamaica

to Lieutenant Jones when you
the hospital?
PUBLICKER METTHAM:

Objection.
You can answer.

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that

A.

212-267-6868

I t ' s possible that I

did.

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