Schoolcraft v. The City Of New York et al

Filing 410

DECLARATION of Ryan Shaffer in Support re: 297 MOTION for Summary Judgment .. Document filed by Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Kurt Duncan(Shield No. 2483, Individually), Joseph Goff(Tax Id. 894025 Individually), William Gough(Tax Id. 919124, Individually), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), New York City Police Department, Frederick Sawyer(Shield No. 2576 in his official capacity), The City Of New York, Timothy Trainer(Tax Id. 899922, in his Official Capacity). (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Scheiner, Alan)

LTNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

X
ADRIAN SCHOOLCRAFT,
Plaintiff,
-against-

THE CITY OF NEW YORK, DEPUTY CHIEF MICHAEL
MARINO, Tax Id. 9732z},Individually and in his Official Capacity,
ASSISTANT CHIEF PATROL BOROUGH BROOKLYN NORTH
GERALD NELSON, Tax Id. glz37},Individually and in his Official
Capacity, DEPUTY INSPECTOR STEVEN MAURIELLO, Tax Id.
895117, Individually and in his Official Capacity, CAPTAIN
THEORDORE LAUTERBORN, Tax Id. 897840, Individually and in
his official capacity, LIEUTENANT JOSEPH GOUGH, Tax Id.

919124, Individually and

in his Official Capacity, SGT.

FREDERICK SAWYER, Shield No. 2576, Individually and in his
Official Capacity, SERGEANT KURT DLINCAN, Shield No. 2483,
Individually and in his Official Capacity, LIEUTENANT
CHRISTOPHER BROSCHART, Tax Id. 91s3s4,Individually and in
his Official Capacity, LT. TIMOTHY CAUGHEY, Tax Id. No'
885374, Individually and in his Official Capacity, SERGEANT
SHANTEL JAMES, Shield No, 3004, Individually and in her Official
capacity,cAPTAlN TIMOTHY TRAINOR Tax Id. 899922,
Individually and in his Offrcial Capacity, and P.O,'s "JOHN DOE"
#l-50, Individually and in their Official Capacity (the name John Doe
being fictitious, as the true names are presently unknown)
(collectively referred to as "City Defendants"), FDNY
LIEUTENANT ELISE HANLON, individually and in her official
capacity as a lieutenant with the New York City Fire Department,
JAMAICA HOSPITAL MEDICAL CENTER, DR. ISAK ISAKOV,
Individually and in his Official Capacity, DR. LILIAN ALDANABERNIER, Individually and in his Official Capacity and JAMAICA
HOSPITAL MEDICAL CENTER EMPLOYEE'S "JOHN DOE" # I50, Individually and in their Official Capacity (the name John Doe
being fictitious, as the true names are presently unknown),
Defendants.

X

SUPPLEMENTAL
DECLARATION OF RYAN
GLENN SHAFFER IN
FURTHER SUPPORT OF
CITY DEFENDANTS'
MOTION FOR PARTIAL
SUMMARY JUDGMENT
10-cv-600s (RWS)

RYAN GLENN SHAFFER, declares pursuant to 28 U.S.C. ç 1746, under
penalty of perjury, that the following is true and correct:

L

I

am a Senior Counsel in the office of Zachary Vy'. Carter, Corporation

Counsel of the City of New York, attorney for defendants the City of New York, Deputy Chief

Michael Marino, Assistant Chief Gerald Nelson, Captain Theodore Lauterborn, Lieutenant

William Gough, Sergeant Frederick Sawyer, Sergeant Kurt Duncan, Lieutenant Christopher
Broschart, Lieutenant Timothy Caughey, Lieutenant Shantel James, Captain Timothy Trainor,
and FDNY Lieutenant Elise Hanlon (collectively "City Defendants"). As such,

I am familiar

with the facts stated below and submit this supplemental declaration to place on the record the
relevant documents

in support of said City Defendants' opposition to plaintiffls motion for

partial summary judgment pursuant to Rule 56 of the Federal Rules of CivilProcedure.

2.

Attached as Exhibit

"4" is the declaration of Dr. Catherine Lamstein-Reiss

wherein she indicates that she conveyed to Captain Theodore Lauterborn,

"l

thought fCapt,

Lauterborn] absolutely did need to find [Adrian Schoolcraft] and make sure that he was okay" on
October 31,2009.

3,

Attached as Exhibit

"8"

is a true and accurate copy of relevant portions of Dr.

Catherine Lamstein-Reiss' deposition taken on January 30,2009, wherein she testified about the
conversation(s) she had with Captain Theodore Lauterborn on October 31,2009 and recited her
notes memorializing same.

4.

ooC"
is a true and accurate copy of relevant portions of
Attached as Exhibit

plaintiff Adrian Schoolcraft's first deposition, taken on October 11,2012 in which he testifies to
various facts and circumstances that he believes support the allegations in his complaint, and
during which he was unable to point to any evidence supporting certain claims.

5.

Attached as Exhibit ooD" is a copy of the relevant portions of an Internal

Affairs Bureau Report in which plaintifls belief about the basis for his low performance
evaluation is summarized.

6,

o'E" is a copy of a March 11, 2009 letter from James A,
Attached as Exhibit

Brown, plaintiffls attorney at the time, to defendant Maureillo in which plaintifls criticizes the
basis of his low performance evaluation.

7.

Attached as Exhibit "F'o is a true and accurate copy of relevant portions of

Deputy Inspector Steven Mauriello's first deposition, taken on December 20,2013, in which he
testifies about the duty to report corruption to IAB.

L

Attached as Exhibit 'oG" is a true and accurate copy of relevant portions of

Lieutenant Elise Hanlon's deposition, taken on January 73,2014, in which she testifies about the

location

of

Jamaica Hospital and reasons why plaintiff was transported there instead

of

a

different hospital.

9.

Attached as ExhibitooH" is a true and accurate copy of relevant portions of

Joseph Ferrara's deposition, taken on June 5, 2014,

in which he testifies about his lack of

knowledge concerning retaliation against plaintiff,
10. Attached as

Exhibit 'ol" is a copy of plaintiffls August 20,2009 memo in

which plaintiff complained to IAB that two supervisors in his own precinct removed material
from one ofthe supervisor's personnel folders,

Dated:

New York, New York
March 6,2015

ZACHARY W. CARTER
Corporation Counsel of the
City of New York
Attorney þr City Defendants
100 Church Street, Room 3-200
New York, New York 10007
(212) 3s6-2372
By:

/s

Ryan G, Shaffer
Senior Counsel
Special Federal Litigation Division

cc

Nathaniel Smith (By ECF)

Attorneyþr Plaintiff
Gregory John Radomisli (By ECF)
MRRrm ClpeRwRten & BBlt LLP
Attorneys for Jamaica Hospital Medical Center

Brian Lee (By ECF)
IVONE, DEVINE & JENSEN, LLP
Attorneys þr Dr. Isak Isakov
Paul Callan (By ECF)
CALLAN, KOSTER, BRADY & BRENNAN, LLP
Attorneys þr Lillian Aldana- B ernier

Walter Kretz (By ECF)
SCOPPETTA SEIFF KRETZ & ABERCROMBIE
Attorney for Defendant Mauriello

Docket No 10-CV-6005 (RWS)

TINITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

ADRIAN SCHOOLCRAFT,
Plaintiff,
-against-

THE CITY OF NEW YORK, et al.,
Defendants

SUPPLEMENTAL DECLARATION OF
RYAN G. SHAFFER

ZACHARY TT. CARTER
Corporation Counsel of the City of New York
Attorney for C ity Defendants
100 Church Street, Room 3-212
New York, New York 10007
Of Counsel: Ryan G. Shøfler
Tel: [phone]

Due and timely service is hereby admitted,
New York, N.Y.

Attorneyfor