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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UNITED STATJ~S DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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ADRIAN
SCHOOLCRAFT,
-against-
7
Plaintiff,
Index No.
10CIV-6005 (RWS)
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9
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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
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
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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
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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
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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
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516-608-2400
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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
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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
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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?
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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?
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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
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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."
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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.
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