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)

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Page 325 1 2 3 4 5 6 7 I 9 10 11 L2 13 L4 15 16 L1 18 19 20 2L 22 23 2A 25 . LAMSTETN-REr SS , M. D believe you're 2899 and 282, Mr. SmiÈh? MR. SMITII: Irm to 29OL, with the ledger and referring pager. MS. PUBLICKER METTIIAM: It is D282, it is but 2901. So is there a rather long entrY A. for LO/3L in your fiLe, Doctor? I donrt know what you consider A. rather Iong, but it's Four Pages? A. One, two, three, four and a A. third, yes ALl right, can you just read A. that into the record. Sure, Pager duties regarding A. P. O. Adrian Schoolcraf t, LO / 3L / 0g r oIl Ief t of the page I noted that f was on at L7 z 40 hours. Page number 455 refers to the sick I noted desk log of my being put on duty. below that that f was off duty at 2L:4Q hours. Back to the main text in the body, Telephone contact with sick desk L0/3I/09. Sergeant KIoos. c . . 212-267-6868 VERÍTEXT REPORTING COMPANY sl 6-608-2400 Page 326 c . LAMSTETN-RETSS 1 , M. D. 22 MS. PUBLTCKER METTHAM: K-I-o-o-s. Yes. I believe that's the A. Itrs possible Irm wronE about the spelling. He MOS eras at work today. spelling. sl,ammed sick report on the sergeantls desk Sergeant and gaid he was going out sick. totd him to stick around. He ref,used and Dídn't follow Procedure. Typically, Left. they called sick desk and get authorization and wait for command to aarange covêrage. MOS was working on the teJ.ephone swit,chboard. MOS did not go straíght home. Cops are at his home waiting f,or his They called MOS on his ceII phone. arrival. They think he picked up and then hung up. Since then no ansner. They are thinking of, auspending him, but they suspect ¿t is more of psych probLem, XO of MOS's command, the 81 Precinct, is Captain Lauterborn and requests response from PES and I sÍgned my 23 name. 24 The is information that you A. received fron Sergeant KIoos from t,he sick 2 3 4 5 6 7 I 9 10 11 L2 13 L4 x5 16 L1 18 19 20 2L 25 2t2-267-6868 VERITEXT REPORTING COMPANY 5I 6-608-2400 Page 321 c. 1 2 3 4 5 6 7 I 9 10 11 L2 13 L4 15 16 L7 18 19 20 2L 22 23 24 25 TJAMSTEIN-RETSS I M, D. desk? Correct. A. AII right' please continue. A. It wil.L be more clear as If m A. reading through Èhe notes, but it's Possible thaÈ the part about possibly not susPending him because they thought it might be more of a psych problem, that may have come secondhand through Sergeant KIoos. If it it would be the rest the came directly, notes, Telephone contact with Captain MOS doing a 7 to 3 day tour Lauterborn. today at TS all d"y, meaning telephone switchboard aII day. Alt yvas f ine. He typicaJ.J.y keeps to sel.f and doesn't converse and did same Èoday. much wit,h other officer 2 : 00 p.m. , Nothing seemed out of ordinary. he went down to locker room, changed and Èhen put a sick report on ssrgeantrs desk He wrote that he had and said goíng sick. Sergreant tried to s top him, s tomach pain . but he left anyway. Underlying issues. MOS has made allagations agaínst others, 212-267-6868 VERITEXT REPORTING C OMPANY www.veritext,com 5I 6-608-2400 Page 328 I 2 3 4 5 6 7 I 9 10 11 L2 13 L4 15 16 L7 18 19 20 2L 22 23 24 25 c, LAMSTEIN-RErSS, M.D. of these DeparÈment's ínvestigation altegations picked uP this week and it This week about four snowballed from there. people were caLled P, O. I s and two civil.ian MOS goes uP to them down for guestioning. are in Notificatíons and asked about it. teJ.ephone ßes sage log , so he knows who i s goíng, When t,hey return, he tries to intereept them and get information from them about it about what he was asked should have been what they w€lre asked. Or that thought the person was a he. Anyway, that's what it says what he was asked. Today was first, tour back after RDOs. Not sure what happened today that, triggered him to leave like that. Delegates, peers, sergeants and Captain Lauterborn alI left him mess¡ges and asked him to go back to command. A líeut,enant is at him home. tsís car ls there. Landlord said MOS may have been there earlier. Can usuaLTl Ì""r MOStg footsteps when home. MOS not home. Next entry, f left a mesgage on 212-267-6868 VERITEXT REPORTING COMPANY 5I 6-608-2400 Page 329 I 2 3 4 5 6 1 I 9 10 1t L2 13 L4 15 16 L7 18 19 20 2L 22 23 24 25 c. LAMSTETN-RErSS, M. D. MOSis cell phone. I gav€ my ceLl number and Captain Lauterborn's celL phone. I told hi¡n that the Captain said he could just return to his home if didnrt vrant to go to the command. I urged hinr to go home or call' his captain, so this could be resolved quickly and easiJ.y without need for a city-wide to search for hí¡n or mobilization acÈion, Like suspension. Much disciptinary easier to just resolve it, quickJ.y and easiJ,y now, I explained that everyone is just concerned for his safety and they want Èo make sure everyone is okay. Next entry, telephone contact I informed captain with Captain Lauterborn. t,hat I lef t message on MOSrs celL phone as described above. I suggeEted that eaptaín call MOSrs father because that's the peraon he is closest to and the person who is most Iikely to know his whereabouts. Captain will call undersigned when J.ocates or hears from MOS, signed my name. Next entry at 20:15 hours. TeJ.ephone contact wíÈh Captain Lauterborn. 2t2-267-6868 VERITEXT REPORTTNG COMPANY 5I 6-608-2400 Page 330 1 2 3 4 5 6 7 I 9 10 11 t2 13 L4 15 L6 L1 18 L9 20 2L 22 23 24 25 C. LAMSTEIN-REISS, M. D ' StilL no word from MOS. Captain calLed MOSts father, who aLso hadnIt heard from him. Father, quote, had some issues, end quote, over phone, but êventually over the phone understood captainrg point of view and Hoping father wilL call MOS and confirmed. encouragre hi¡n to go home. Captain wí11 go t,o MOSts home. Itf E Possible he's home, but not answering phone. I asked if the Landlord has a spare key. He said yes and captain has it, but legal. issues with using. Have to have cause. Hoping to avoid goíng that route. What were those LegaL issues? A. f didn't ask, I don't know. A, MS. PUBLICKER METTHAM: Objection. All right, go ahead? 9. A. And I signed my name. 20:40 Irm sorry 21:40 hours the next entry Telephone eontact hours is the next entry. with Sergeant Kloos. Sick desk off duty since not known when MOS night be Located and f signed my namê. 212-267-6868 VERITEXT REPORTTNG COMPANY 5I 6.608-2400 Page 331 c . LAMSTEIN-RErSS, M. D. 1 2 3 4 5 6 7 I 9 10 11 L2 13 L4 15 t6 L1 18 19 20 2L 22 23 24 25 Íhen next page on the toP regarding Adrian Schoolcraft addendum to LO/3I/Og note of telephone contact with Captain Lauterborn at aPProximately 17:50 hours . Delayed entry made on LO / LA / L0. In reviewing f oJ.der, Èhe below inf ormation wast found to not be documented in prior note, but is cLear in undersigned's memory. Captain Lauterborn asked if MOS was suicidal or depressed because he needed to know how concerned they should be about MOS'g safety given his going AWOL. Not anslùering phone caIls, not answering door of home, but his car ¡raa there, et cetera. Can I stop you right there. A. VÍhen did you make this entry? October L4, 2010. A. Oetober what? A. A. LA, 2010. Can I see the original that A. youtre readíng from? Sure A. How do you know that you made A. this entry on october 24, 20L0? . 212-267-6868 VERITEXT REPORTTNG COMPANY 5I 6-608-2400 Page 332 1 2 3 4 5 6 1 I 9 10 11 t2 13 L4 15 16 l7 18 t9 20 2t 22 23 24 25 C. LAMSTEIN-REISS, M'D' MS . PUBLICKER METTHAM: She said October X4th. Objection. MR. SMITH: No, Irm sorry Youfre The 14th. right. Because thatrs what I wrote. A, It's there on the Page. MS. PUBITICKER METTHAM: She also read it out loud. And what You read out loud was O. the words delayed entry made on L0/L4/L0? Correct, thatrs what that, meane. A. lfhy did you make a delaYed entrY 9. in the f,ile? fn reviewing the file f realized A. noteg of my telephone that, my ínitial eontact wi th Captain I¡auterborn were f ocused olr information he was telling me and I did not document what f had told him regarding Since then or perhape r I had beeome that. aware just from interviews the officer did with the madia that miEcharacterized that conversaÈion that said I told the captain t,hat there were I think no cause for concêrn or something like, ÈhaÈ he had no 212-267-6868 VERITEXT REPORTTNC COMPANY 516-608-2400 Page 333 1 2 3 4 5 6 7 I 9 10 11 L2 13 L4 15 16 L7 18 19 20 2L 22 23 24 25 c, LAMSTETN-RErSS, M. D. psychological problems. Somethíng Iike t,hat. So at some poínt' in the f uture ' I was reviewíng the folder and f realized that' my teLling the captain everyt'hing in that note was not previously documented, but it was very, very clear in my memory. So I felt ít important to add that note and I noÈed the date that I added it. So what wae the statement in A. what media that ted you a year Later to ¡nake this entry? MS. PUBLICKER METTHAM: Objection. A. I don' t remenrber which articLe. I just reeall there had been report that I Èhat he had no said that there was no kind of psychological problem or anythi.g, implyíng that I said there was no cause for concern that night and so aa I was reading it, I realized that etas missing that I real.Iy was writing what the captain was telling me what nas going on and I didn't document what I had told the 1íeutenant So at some poínt Irm soüry, the captain. 212-267-6868 VERITEXT REPORTING COMPANY 5I 6-608-2400 Page 334 1 2 3 4 5 6 1 I 9 10 11 L2 13 L4 15 16 L1 18 19 20 2L 22 23 24 25 C. LAMSTEIN-REf SS ' !'l . D. when I was reviewing the folder and I realized that wasnft there, I deemed it important enough to make a deJ.ayed entry and I think the report I had put that in there. read was somêthíng that I said he vtas never suicidaL or somêÈhing Like that, but it left out the part that my evaluaÈion of that is onJ,y as good as the las t ti¡ne f saw hin and or if something if he was act,ing differently more stressful- happened after I savt him, on his mental then I canrt comment on any status that date, onJ,y as of a f ew days ago. Someone could find out very upsetting and then ki11 themselves and three days earJ.ier may not have been in their mind and that qualifier had not initiaLLy been reported. Did you ever have any A. discussions with anybody about making thig entry, this delayed entry? MS. PUBLICKER METTHAM: Ob jection. A. f dont t believe I did. I don' t reca1I. Did you taLk with your A. 212-267-6868 VERITEXT REPORTTNG COMPANY 516-608-2400 Fage 335 7 C. IJAMSTEIN-REISS, M.D. supervisrors about making this entry? I know mY I dontt think I did. A. supervi sor aJ.ways reviews my f older . So he probably reviewed that at some point and saw that. I t Ytas made â year af ter the A. 8 even t 1 2 3 4 5 6 ? L4 Yeah, âctuaI-J.y I think Dr. Knour A. reviêwed ít at some point, as wel-l Díd you ever have any discussion A, with Propper and Knour about this delayed en try ? I don't A. I have no idea. 15 remember. L6 Did you ever have any discussion A, with anybody at the 81st Frecinet about this delayed entry? A. No, that f did not. Did ever have any discussion A, with anybody employed by the City of New York about this delayed entry? MS . FUBIJICKER METTHAM: Not ineluding conversations Objection, youtve had with legal counsel, 9 10 11 t2 13 L7 18 19 20 2L 22 23 24 25 2t2-267-6868 VERITEXT REPORTING COMPANY 5I 6-608-2400 Page 336 1 2 3 4 5 6 7 I 9 10 11 L2 13 t4 15 16 L7 18 19 20 2L 22 23 24 25 c. LAMSTEIN-REISS, M, D. Not includíng Right. A. conversations wíth tegal counsel' and I did not have any other discussions with anybody. WaiÈ a minute, excluding any A. conversations that you may have had with any lawyers? Right. A. Did you ever disausg this A. delayed entry with anybody working for the City of New York? It wouLd be in the foLder when I A. meÈ wíth IAB to go over my folder if that if going over my case corrversation was folder was after that date, then Yê4, I would have. Yfhat I want to know is sitting A. of here Èoday, do you have a recollection discussíng this delayed entry wit,h anybody who is an employee of the City of New York, other than maybe conversations you had with your lawyer? MS. PUBLICKER METTHAM: Ob jection. I do not I just answered that. A. 2t2-267-6868 VERITEXT REPORTING COMPANY www.veritext,com 5I 6-608-2400 Page 337 1 2 3 4 5 6 7 I 9 10 11 L2 13 14 t5 16 L7 18 t9 20 2t 22 23 24 25 c. LAMSTETN-RETSS , M. D. TÙhat I am telling have any recollection. you is I recall that at some Point I reviewed the case foLder with IAB Group 1 ' If The date of that is in the case foLder. the date is after I made that entry, then f would have discussed it with them. I am not asking you about what A. you wouLd have done. I am asking about what you recaLl. Do you understand the di ff eren ce ? MS. PUBLICKER METTHAM: If you want to give her her f ile, she can teIJ, you if it was before or af,ter she met with IAB. MR. SMITH: I fm not interested in her inferences or your arguments-MR. KRETZ: She's given you an anfrwer, Nat. MR. SMITH: I just want to know We can al.ways draw what you recall, inferences based on facts and we can draw more inferences based on more facts. I want to know what you know A. 212-267-6868 VERITEXT REPORTTNG COMPA}TY www, 5 1 6-608-2400 Page 338 2 C. LAMSTEIN-REISS, M.D. about discussing this deJ.aYed entry with 3 anybo dy? 1 MS 4 5 6 1 I 9 . PUBIJICKER METTHAM: ject,ion. MR. KRETZ: She' s answered that. MR. SMITH: I think she has I only recall at some Point A. at somc! point I reviewed aII my notes with Ob 1o IAB 11 But you donrt have a A. here today trecollection sitting No. A. of díscussing? A. I don't recall if that was A. before or after I made that entry. Do you have a recollection A. here of discussing the deJ.ayed entry sitting with IAB? MS. PUBLICKER METTHAM: Objection. No. I recal,l diseuseing the A. full, case and that would have been part of it if that conversation wås after that date. AII right, thank you. I think I A. L2 13 L4 15 16 L1 18 19 20 2t 22 23 24 25 212-267-6868 VERITEXT REPORTING COMPANY \ilww,veritext,com 5 1 6-608-2400 Page 339 1 2 3 4 5 6 7 I 9 10 11 L2 13 L4 15 16 L1 18 19 20 2L 22 23 24 25 c. LAMSTEIN-RETSS , M. D. understand what you're teIJ.íng me. Did you ever speak with anybody from the media about Schoolcraft? À. No . ?Íe never speak to the media. Okay. So you nev€lr sPoke to A. anybody f rom t,he media about Schoolcraf t, right? A. Correct. Continue reading the delayed O. entry. THE IÍITNESS: Do you have where I Ieft off? The first sentence ends wíth in A. writer I s memory. A. Undersigned. Undersignedr s memory, righÈ. A. Can you go on from there? A. From there, Captain Lauterborn asked íf MOS was suicidaJ- or depressed because he needed to know how concerned they ehould be about MOSrs safety given his going AWOL, not answering phone cal1s, not answering door of home, but his car vras 2t2-267-6868 VERITEXT REPORTING COMPANY www, 5I 6-ó08,2400 Page 340 1 2 3 4 5 6 7 I 9 10 11 t2 13 t4 15 16 t1 18 19 20 2L 22 23 24 25 C. LAMSTEIN.REISS , M. D. I informed captain that f there, et cetera. last saw MOS at PES on L0/27/09 and at that time he looked okay and rePorted being åsymptomatic. At no time had he ever expressed thoughts of suicide, but he aLso never went AIÍOL before and acted t,he way he My assesEment of was acting on tO/3L/09. his suicide risk is only as good as the last time f slaw him. f f something hapPened af ter and led him to be so upset that he left work without permission an hour before Èhe end of his tour, said he had stomach pains, et Then I am unable to say with any cetera. reasonable amount of cerÈainty that he is not aÈ risk for suicidal ideation under present cireumst,ances . I províded captain wíth basic information about reason MOS rras on restricted duty. That he had significant physícaI symptoms of stress insomnia, GI symptoms, cârdiac symptoms, êt cetera. Unclear if MOS was reporting openly on LO/27/09 when he said aII of his symptoms Motivation to went away without treatment, 212-267-6868 VERITEXT REPORTTNG COMPANY 5 l 6,608-2400 Pege 341 I 2 3 4 5 6 7 I 9 10 11 L2 13 L4 15 L6 L7 18 19 c. LAMSTEIN-RErSS, M.D. mínimize is that he did not want to be duty. He was oPen psychological restricted evaluation, but denied any during initiat and alt EymPtoms in subseguent monitoring TÍhen also exPressed being upset sessions. about being on psychological restricted duty. His rePorting on LO/3L/09 that he had stomach pains severe enough to warrant Ieaving work before end of tour without permission suggests either the symPtoms never did go ayray or they reoccurred on LO / 3L/ 09 due to his being realJ.y upset about something. It is also Possíb1e that there yras medical cauEe f or the stomach pain, but the angry manner in which he left work suggrests a psychologícal causG) and I signed my name. MS. PttBLTCKER METTHAM: D284 and 20 2L 22 23 24 25 MR. OSTERMAN: 2890. Had yoü, when you prepared this A. note, êDy thoughts thaÈ there was going to about what happened to be Iitigation Schoolcraft on OcÈober 3L, 2009? 212-267-6868 VERITEXT REPORTTNG COMPANY 5I 6-608-2400

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