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 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 2 ---------------------------------------------X 3 ADRIAN SCHOOLCRAFT, Plaintiff, 4 5 Case No: - 6 against - 10 cv 06005 7 THE CITY OF NEW YORK, ET AL., 8 Defendants. 9 10 11 ---------------------------------------------X 111 Broadway New York, New York 12 May 12, 2014 10:11 a.m. 13 14 15 16 DEPOSITION OF SHANTEL JAMES, pursuant to 17 Notice, 18 time, before DENISE ZIVKU, 19 within and for the State of New York. taken at the above place, date and a Notary Public 20 21 22 23 24 25 212-267-6868 VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 Page 129 SHANTEL JAMES 1 2 3 4 5 Q. That Exhibit 123 is 6 document. 7 the file MR. on three-page too came from the chart or regarding Schoolcraft? 8 9 This a OSTERMAN: I the record that I am going to put object for 10 or anything beyond 11 witness' 12 might have taken place. 13 author i t , 14 not part of the creation of this 15 the use document. refr~shing the recollection of events She didn't she's never seen i t , 16 MR. LEE: 17 MR. KOSTER: I that she was join. I do too. 18 Q. 19 before? 20 A. No. 21 Q. Why don't you read it? 22 A. Thirty-four year old single 23 Q. No, Have you ever seen this document no, you can read i t to 24 yourself. 25 Exhibit 123 refresh your recollection of any 212-267-6868 Does reviewing or reading VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 Page 130 1 SHANTEL JAMES 2 discussion that you ever had with anybody at 3 Jamaica Hospital about Officer Schoolcraft? 4 MS. PUBLICKER METTHAM: 5 Objection. 6 A. No, 7 Q. Did you tell anybody at Jamaica You can answer. i t does not. 8 Hospital that Schoolcraft had barricaded 9 himself into his apartment? 10 MS. 11 Objection. 12 A. No, 13 Q. Did you tell anybody at Jamaica PUBLICKER METTHAM: You can answer. I did not. 14 Hospital 15 from emergency medical that Officer Schoolcraft ran away technician ambulance? 16 MS. 17 Objection. 18 A. No. 19 Q. Did you tell anybody at Jamaica PUBLICKER METTHAM: 20 Hospital that Officer Schoolcraft had been 21 evaluated by an NYPD psychologist or 22 psychiatrist? 23 MS. 24 Objection. 25 A. 212-267-6868 PUBLICKER METTHAM: No. VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 Page 131 1 2 SHANTEL JAMES Q. Did you tell anybody at Jamaica 3 Hospital that Adrian Schoolcraft had his gun 4 removed? 5 MS. 6 Objection. 7 MR. PUBLICKER METTHAM: OSTERMAN: Objection. 8 A. No. 9 Q. Did you tell anybody at Jamaica 10 Hospital earlier that day that Officer 11 Schoolcraft had cursed his 12 MR. OSTERMAN: 13 MS. PUBLICKER METTHAM: 14 Objection. 15 A. No. 16 Q. Did you tell anybody at Jamaica supervisor? Objection. 17 Hospital that Officer Schoolcraft had become 18 or was agitated, 19 verbally abusive? 20 MS. 21 Objection. 22 MR. uncooperative and/or PUBLICKER METTHAM: OSTERMAN: Objection. 23 A. No. 24 Q. Did you tell anybody at Jamaica 25 Hospital that Adrian Schoolcraft's door had 212-267-6868 VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 Page 132 SHANTEL JAMES 1 2 to be broken 3 A. into? No. MR. 4 Q. 5 OSTERMAN: Did you 6 Hospital 7 chased and brought 8 tell Objection. anybody at Jamaica that Adrian Schoolcraft had to be handcuffed? to the medical ER 9 MR. OSTERMAN: 10 MS. PUBLICKER METTHAM: 11 Objection. 12 A. No, I 13 Q. See on I did not. the document 15 the paragraph beginning with 16 as Sergeant have second page 14 per that Objection. showed you, the of the the top of sentence, James? 17 A. Yes. 18 Q. Did you have 19 or knowledge 20 be attributing any 21 regarding today as to any understanding why anybody would statements to you Schoolcraft? 22 MR. OSTERMAN: 23 MS. PUBLICKER METTHAM: 24 Objection. 25 A. 212-267-6868 No, I Objection. don't and I never had any VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 Page 133 1 SHANTEL JAMES 2 conversation with anyone in regard to this 3 matter, 4 information. 5 is no way I 6 with regard to the medical status or him 7 being evaluated or his weapon being removed. 8 I 9 way that I because I I was not privy to that knew none of this. had a So there conversation with anyone had no knowledge of this. So there is no told anyone at the hospital this 10 information. 11 Q. And if anybody had asked you any 12 information about Officer Schoolcraft, 13 would have told them you don't know, 14 MR. OSTERMAN: 15 MS. Objection. 17 MR. right? PUBLICKER METTHAM: 16 you KRETZ: Objection. Objection. 18 A. Yes. 19 Q. Have you ever had any 20 discussions with Lieutenant Bouchard about 21 Officer Schoolcraft other than the one 22 conversation that you testified earlier 23 about? 24 MS. PUBLICKER METTHAM: 25 Objection. You could answer. 212-267-6868 VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 Page 134 SHANTEL JAMES 1 2 A. No. 3 Q. Sitting here today, can you 4 recall any conversation that you and 5 Sadowsky had about Schoolcraft or what 6 happened at the hospital that day? 7 MS. 8 Objection. 9 A. I 10 Q. You don't recall 11 PUBLICKER METTHAM: don't recall. any conversations? 12 A. No. 13 Q. Do you have any recollection of 14 speaking with the XO of the 15 about Schoolcraft? 16 MS. 17 Objection. 18 A. 81st Precinct 19 20 PUBLICKER METTHAM: The XO being the name that you mentioned Q. 21 At the MR. 22 Q. SMITH: Let me rephrase the question. 23 time Theodore Lauterborn was 24 executive officer of 25 the day of 212-267-6868 this the the 81st Precinct on incident. VERITEXT REPORTING COMPANY www .veritext.com 516-608-2400 Page 135 SBANTEL JAMES 1 2 A. Okay. 3 Q. And he testified that he 4 remembers getting a phone call from you 5 sometime during that period of time that you 6 were there and -MS. 7 8 to 9 witness' I object the characterization of that Q. 10 PUBLICKER METTBAM: testimony. Okay, and you don't have to 11 accept what I'm saying is true or not. 12 my question to you is does hearing me say 13 these things 14 on your part that you did speak with Ted or 15 Theodore Lauterborn or the executive officer 16 of the 81 about Schoolcraft sometime during 17 the time that you were at the hospital? to you trigger a 18 MS. 19 A. recollection Objection. 20 But I PUBLICKER METTBAM: don't believe so because I 21 would have made a 22 as 23 Sergeant Me Warren. 24 but I 25 Lauterborn. I notation in my memo book did with Lieutenant Anderson and 212-267-6868 I guess i t ' s possible, don't even know who he is, I Theodore guess i t ' s possible. 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