Schoolcraft v. The City Of New York et al

Filing 402

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 50, # 2 Exhibit POX 51, # 3 Exhibit POX 52, # 4 Exhibit POX 53, # 5 Exhibit POX 54, # 6 Exhibit POX 55, # 7 Exhibit POX 56, # 8 Exhibit POX 58, # 9 Exhibit POX 59)(Smith, Nathaniel) Modified on 2/17/2015 (db).

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- - - - - -- - - - - -- - - --------------- Page 1 1 2 ' 3 UNITED STATJ~S DISTRICT COURT EASTERN DISTRICT OF NEW YORK 4 5 6 ADRIAN SCHOOLCRAFT, -against- 7 Plaintiff, Index No. 10CIV-6005 (RWS) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ST.EVEN MAURIELLO, Tax Id. 895117, Individually and in his Official Capacity, CAPTAIN THEODORE LAUTERBORN, Tax Id. 897840, Individually and in his Official Capacity, LIEUTENANT JOSEPH GOll?ll?, 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, Ta>~ Id. 885374, Individually and in his Official Capacity, SERGEANT SHANTEL ,J A~l E S , S hi 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 pre1s:ently unknown) (collectively referred t:o a.s "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 25 (Continued) 212-267-6868 VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 ---~------- ---------------- - -- --~----- -----~---- Page 2 1 2 and in their Official John Doe being 3 names are Capacity fictitious, as (the the name true presently unknown), 4 Ded:endants. 5 -x 6 220 42nd Street 7 New York, 8 May 30, 10:28 New York 2014 a.m. 9 10 VIDEOTAPED a DEPOSITION of ANTHONY 11 MAFFIA, Witness 12 Defendants, 13 CENTER, in 14 held at the 15 before Margaret 16 Reporter 17 of New 18 Federal on behalf of one J. of the JAMAICA HOSPITAL MEDICAL the above-entitled action, above time Scully-Ayers, and Notary York, Public pursuant Rules and place, of Civil to of Order a taken Shorthand the and State the Procedure. 19 20 * * * 21 22 23 24 25 - ~- - ~-~ --~--- 212-267-6868 VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 ------ ~---- -- ------~~~-- - - - - - - - - - - - -- - -----~---- Page 31 1 A. 2 3 I 'm 4 sorry. Q. I Was evaluations the at 5 A. Yes 6 Q. Is 7 A. Yes. 8 Q. Does procedures, 9 MAFFIA to fourth the one performance hospital for doctors? [indica.ting] that correct? Sorry. the hospital protocols, 10' respect 11 performance of doctors have any or practice with doing evaluations on the that work for it? 12 A. Y·es. 13 Q. What 14 A. They get a yearly evaluation. 15 Q. Is a policy document 16 describes 17 covrers? 18 are those? there what that yearly evaluation The evaluation which A. that 19 somewhat familiar 20 what evaluation 21 doctor is evaluated on. It 22 serves as the policy and the evaluation 23 t:oc>l. the with has is the I'm about; what Q. Can you explain that 25 A. In on 212-267-6868 the kind of 24 other words, tenet of answer? the VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 Page 32 1 A. MAFFIA 2 evaluation there are things that the 3 doctor was evaluated on and that serves 4 as the policy. 5 6 Is yearly evaluation, Q. 7 8 there a So A. That's 10 Q. And Q. yes. form of the right. form covers is certain that correct? A. 13 a correct, subject matters; 12 is is to evaluation doctors? 9 11 they get a the answer there evaluation used policy And are you telling me 14 hospital policy about what 15 are 16 the doctors 17 set forth 18 A. in order to who in YE~ 21 Hospital 22 to 23 2007, the performance of at of the I the hospital request form, are the Jamaica evaluation that was evaluate doctors '8, RADOMISLI: for employed the period '9. MR. advisement. 212--267-6868 factors form? SMITH: product~on 24 the s. 20 25 works the MR. 19 assess the that Taken under Please follow up VERITEXT REPORTING COMPANY www .veritext.com in 516-608-2400 ----- -- ----- -~ ------- ------ -~ -- --- ----- -~--------- - --------- ---- -- Page 33 1 A. 2 writin~r. 3 Q. MAFFIA Have you just perused i t briefly. 4 A. Yes, 6 Q. A. During that form When? 7 at re!cently? 5 looked 8 9 10 with the one of our conversations attorneys. Q. What do you recall about the form? 11 A. 12 physicians 13 Q. What 14 A. Their It 15 patients, 16 ability 17 team, 18 19 certain that the evaluated on. are work are the items? ability ability those items to on to relate relate an some to to staff, the interdisciplinary of the items. itE~ms. 20 are to Q. has I would A. I couldn't 21 Q. Do 22 A. I 23 Q. So 24 about the 25 evaluation you like not for of the them a l l . today? them. ready subject matter process all them here have you're know recount have don't to of to testify the doctors at Jamaica VERITEXT REPORTING COMPANY 212-267-6868 www .veritext.com 516-608-2400 ~----- ~~---- -----~~~--- --- - - - - - - - - - - --~ ------- Page 99 1 A. 2' psychiatris:t. Q. 3 4 You are not answering my question. 5 Is there 6 Heospital 7 authorization 8 the 9 10 MAFFIA policy A. that, I don't In Jamaica in sort of hold a patient before psychologically evaluated? I'm sorry. Q. 11 some to patient is anywhere I can't answer know. this 12 brought to 13 October 31, and he was 14 psychologically assessed the 15 da:y. 16 the case Schoolcraft was hospital 2009, Is there the anything night of following Jamaica in 17 Hospital 18 permits 19 patient against the patient's 20 the patient has been evaluated for 21 involuntary admission? 22 23 policy on any of A. I that authorizes its employees don't believe i t or to that hold a will I before know t:.hc:Lt. 24 Q. Does 25 physicians to 212-267-6868 hospital consider policy the require safety of VERITEXT REPORTING COMPANY www .veritext.com the 516-608-2400 -------------------- -~ ---~--------- - - - - - ---- ------- -------------- - ----- - ---- ---- ---- Page 100 1 A. 2 community 3 de~cisions? 4 A. the in MAFFIA making The 9.39 involuntary admission 5 on 6 hygiene law which 7 self others. 8 decision Q. 9 So 10 require 11 is from is based determination. or regulation admission again the mental a danger to The physician makes does the physicians protect policy community? 12 to hospital that MlR. You 13 RADOMISLI: can the Objection to form. 14 15 A. Y E:! 16 Q. What 17 in making 18 dec:::ision? 19 A. answer. an S • the 21 They have 22 a to to with 25 is on states determine himself information made 212--267-6868 it Are you Q. 24 factors involuntary patient as 23 the a or involved commitment The physician has 20 danger are in if to evaluate the the law. patient is others. capable of providing me about how that decision particularized basis? VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 - - - - - - - - - - - - - - ---------~----- ~- --------- Page 101 1 A. 2 A. 3 assessment 4 Q. Is the MAFFIA hospital No, because psychiatric done is the the physician. by there any time requirement 5 in 6 second evaluation must be done in order 7 to as an 8 involuntary? maintain 9 A. 10 Let me 11 ''The 12 a policy governing patient's status when a for" I check in policy. the that's I admitting doctor 13 14 think will the policy. think be THE REPORTER: You You don't to it's responsible have to slow down. 1 Q. 15 16 loud. 17 not Take a look have and tell there ; c• .... ~> 18 A. Y 19 Q. What 20 A. Conducted within 21 Q. So done within me it out whether or admission. 22 read 23 24 be A. 25 such requirement. It's E~ S • is the 48 the c:onducted. requirement? 48 hours of second evaluation has hours of to admission? Uh-huh. THE 212-267-6868 a REPORTER: Yes? VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 Page 108 1 A. MAFFIA 2 Q. 3 These are references the various 4 categorizing 5 either within 6 with Disabilities Act Essential 7 Functions? 8 A. Yes. 9 Q. Who or work to outside was one 10 or prepared 11 individual 12 13 14 A. Who 15 Q. YE~ 16 A. The physicians unit filled psychiatrists 19 in October 20 A. the Jamaica the evaluations? are evaluated by were believe Martha Does Q. or was the unit chief 2009? I Edelman, 23 doctors 24 emergency 25 psychiatrists 212-267-6868 to s . Who Q. 22 does in respect out chief. 18 21 with Job Hospital? the forms the Americans that Psychiatric Department of 17 these the of categories this Edelman, this a well that work Dr. E-D-E-L-M-A-N. evaluation or psychiatrists room as was who apply work and doctors in the in to the or various VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 Page 109 1 A. 2 wards? 3 A. Yes. 4 Q. Does MAFFIA 5 track the 6 doctor 7 A. number Q. Does evaluation process No. 8 the sees of patients during the 9 Jamaica Hospital 10 revenue that 11 assists in 12 assessing the 13 A. Q. Does period of a time? evaluation process generating 16 or psychiatrist 17 or the We!ll, there is is that 21 A. There is a 25 of the doctor? not a physician of a training? yes , it dOE~S. Where 24 of levels Q. 23 purposes Psychiatric 20 22 or for whether in of evaluation process Department maintain 19 of the amount generates performance keep A. the physician 15 18 track a track at N<:>. 14 a that che!ck Q. on the on skill second page What are you the form? competency and . . . . referring to, specifically? A. 212-267-6868 I'm sorry. It says "Skills." VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 --- ~ ----- ~-- --~-- ~ ----- ~ ---~--- --- -·--~-- --~---------- Page 110 1 A. 2 So those 3 MAFFIA fulfilled. 4 5 competencies If you also Q. What page 7 A. I 8 Q. What 9 A. So think are it are at be "Learning those supervisor would 11 the physician 13 knowledge 14 ca:t:"e 6. things assess that and evaluate and of "the application skills appropriate of to of patients." Q. 15 like page on. says, Ii~ looks at? would be the 12 you those? 10 Where were you just reading :E'rom? A. 17 18 look to Resources." 6 16 would have I'm sorry under, "Criteria for Suc::ces s." 19 Q. YE!S. 20 A. Number 21 Q. Thank 22 Is Dr. 24 E!Va.luating Dr. A. 2 I 2-267-6868 you. the process 23 25 Bernier 1. the same as for the evaluating process for Isakov? The process, yes. VERITEXT REPORTING COMPANY www .veritext.com 5 J 6-608-2400

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