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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A.
L

a.

SCHOOLCRAFT

Were you aware thaL

as a police officer'

your

book would be scraLched by a supervisory officer

¿

memo

3

in

October of 2009?
MR.

4
q

6

NORINSBERG:

T am aware it

A

was.

Ob

j ect,íon

I didn't

to the form.

l wasntt

aware

that it would be, no. I didnrt expect it to be, either.
not?

7

a.

VrThy

B

A.

Because f was assigned to the precinct, assigned

9
1-0

11

inside the precinct..
a.
memo

From

April 2009 unt.il October 31, 2009, was your

book ever scratched?

I2

A.

T don't believe sor no.

13

a.

Did you include notaLíons about your

1"4

conversations and meetings with I.A.B. and Q.A.D. in your

t5

memo book?

I6

A.

I believe they \^/ere¡

L1

O.

Did you believe it. was your dut.y as an N.Y.P.D.

l-B

Yes.

officer to document corruption and other misconduct?

79

A.

Yes.

20

O.

The incident you complain of in your lawsuit

2L

occurred on October 31' 2009; ís that correct?

question, again?

22

A.

What. was t.he

23

O.

The incident that you complain of in your lawsuit

24
25

occurred on Oct.ober 31' 2009; is that correct?

A.

CorrecL/

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one

of the incidents.

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262

A.
A.

2

What was

0.

1_

Was

SCHOOLCRAFT

that again?

the basis of the evidence you

\^lere present.ing

3

to I.A.B. ancl Q.A.D., audio recordings that you had made?

4

MR. NORINSBERG: Objection.

5

A.

No, I don't bel-ieve so.

6

a.

You had no

'7

intention of providing I.A.B. or

Q.A.D. the audio recordings you had

made?

MR. NORINSBERG: Ob;ection.

B

A.

9

I donrt

flo¡ not at that t.ime/ or any time.

10

wasn't

L1

recall thinking about giving the recordíngs to
O.

T2

13

A.

Did your I.A.B. Complaint, prior Lo Oct.ober
The date again, or just the whole question,

a.

Did your I.A.B. Complaint, prior to October

2009, allege retaliation

against

31,

you?

specific on what Complaint..

t_0

A.

Can you be more

19

a.

Did you make any Complaint.s to I.A.B. that

20

31,

please.

I6
T1

anyone.

2009, allege reLaliation against you?

I4
t_5

I

To the best of my memoryf the recordings

anyone

had retaliat.ed against you?

A.

2T

I believe so. Off the top of my head' what
it. wouldn't be

I believe they

asking

was

zz

the

ZJ

about my 2008 evaluation appeal. But I didn't, feel I had

24

case of retal-iation yet.

25

f was
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\^/ere

I was wait.ing for the appeal to

me
a

be

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263

A.

SCHOOLCRAFT

1

complet.ed. But I remember I believe I discussed that

¿

wit.h some I.A.B. investigator, that the evaluation it.self

3

r^/as

4

retaliat.ion for not adhering to t.he quota policy.

0.

How

do you believe LA.B. should investigate

5

claim of ret.aliation agai-nst you without. informing the

6

subject of the atlegations against

a

them?

MR. NORINSBERG: Objection.

1
B

A.

Say that again.

9

0.

WeII/ you are claiming that you

t-0

allegat ion t,o I . A. B . t,hat your appeal

11

your evaluation

I2

correct

\^/as

made an

I rm sorry, that

ret,al-iation against you; is that.

?

MR.

13

NORINSBERG

:

Ob

j ect.ion

.

t4

A.

Correct, y€s.

15

a.

And you wanted I.A.B. to investigate that. cl-aim?
MR. NORINSBERG: Objection.

I6
t1

A.

I don't know if I -- I recall- Internal Affairs
about that,. But I don't recall-

LB

investigaLors asking

19

bringing that into -- T recall stat.ing that until the

20

appeal is done, if t.hey have a -- I felt t.he supervisors

21-

may

22

me

be able to explain or prove or explain themselves.

O.

Your Complaint alleges that the City

23

negtigent in failing to keep I.A.B. Complaints

24

confidential;

was

25

A.

is that correct?

I believe so. Without reviewing the document, I

DTAMOND REPORTING

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