Schoolcraft v. The City Of New York et al
Filing
414
REPLY AFFIRMATION of NATHANIEL B. SMITH in Support re: 305 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Smith, Nathaniel)
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Page 29
L.
1
A.
2
ALDANA-BERNIER
When
they bring
in
agitated,
combative,
violent,
3
very
4
depending
5
I'm
6
Q.
patient
handcuffs.
7
a
sure
on
the
nature
here
any
9
their
call,
they were being brought by
And do
8
of
of
you
names
recall
any
those
A.
sit
No.
11
Q.
And do
gentleman
of
you
patients?
10
of
as
you
recall
12
here
a
13
from
as
sit
only your memory?
A.
14
15
named Adrian
you
You're
Hold on.
Schoolcraft
saying
from my
memory?
16
Q.
Yes.
17
A.
Because
18
chart.
19
Q.
have
I
have been
Independent
20
you
21
the
records,
the
do
Schoolcraft?
MR.
22
23
form
of
A.
of Adrian
Objection
CALLAN:
the
can
the
No,
I
answer.
don't.
- - - - -
212-267-6868
to
question.
You
24
25
any memory
of
reading
---------
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Page 30
1
L.
Q.
2
3
ALDANA-BERNIER
Okay.
physically,
Can't describe
can
4
A.
Q.
So
you?
No.
5
him
am
6
entire memory
7
you
8
is
9
Jamaica
may
have
I
of
correct
any
care
rendered
contained
in
the
that
to
or
your
treatment
Mr.
Schoolcraft
hospital
chart
of
Hospital?
10
MR.
RADOMISLI:
MR.
CALLAN:
Objection
to
form.
11
12
13
I
join
in
the
care
and
objection.
14
You
can
answer.
15
A.
From
16
Q.
So
17
treatment
of Mr.
18
the
contained
19
of
notes
Jamaica
it,
yes.
your memory
of
Schoolcraft
in
Hospital,
20
A.
Q.
And prior
hospital
from
chart
correct?
Yes.
21
the
comes
22
did you
review
23
A.
The
24
Q.
What
25
A.
The
212-267-6868
any
same,
to
coming
here
today,
documents?
yes.
did you
records
review?
[indicating]
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Page 238
1
L.
ALDANA-BERNIER
2
A.
The psych ER.
3
Q.
And
4
Schoolcraft,
A.
5
6
that wasn't
done
with Mr.
correct?
Because we
did
not have
a
CPEP
then.
7
Q.
What
8
A.
Community psychiatry emergency
9
I
do
does
not have
Q.
But
12
A.
It
13
Q.
When
10
11
that
the
whole
Jamaica
has
i t your
15
is
16
health
law
17
mental
health
name,
Hospital
one,
sorry.
has
one
yes.
looking at
understanding
required under
to
admit
of
sets
70,
out
is
what
the mental
someone
under
the
law?
MR.
19
MR.
LEE:
Objection
CALLAN:
A.
I
Q.
20
Exhibit
this
9.39
18
Objection
want you
to
to
rephrase
to
form.
the
form.
that
Sure.
one.
22
What
23
24
for?
now?
14
21
stand
this
25
document,
MR.
----------------
212-267-6868
is
the
i f you
CALLAN:
---------
standard
set
out
in
want
her
to
know?
Do
you
---
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Page 239
1
L.
2
read
ALDANA-BERNIER
the
document,
a
summary?
SUCKLE:
I
want
MR.
3
understanding of
4
MR.
5
to
know her
it.
CALLAN:
I
object.
6 '
three-page piece of paper.
7
for
It's
a
It
speaks
the
itself.
Objection
8
to
the
form
of
know what
this
is?
question.
9
10
Q.
Do
11
A.
Yes,
it's
12
Hygiene
13
with preservation of
14
as
well
Law,
you
as
that's
their
a
New
York Mental
careful
their
attention
legal
safety.
Is
15
Q.
16
rights
this
the policy of
Jamaica
9.39?
Hospital?
17
A.
To
do
18
Q.
Is
this
19
20
21
22
23
Jamaica
a
document
a
Hospital?
A.
Hospital
Q.
Hospital,
It's
showing
Department of
Is
a
it
a
in here
Jamaica
Psychiatry Manual.
policy of
Jamaica
written policy?
24
A.
A written policy,
25
Q.
Do
212-267-6868
policy of
you
endeavor
to
yes.
follow
VERITEXT REPORTING COMPANY
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the
516-608-2400
Page 240
1
L.
2
3
of
policies
ALDANA-BERNIER
Jamaica
Hospital,
ones?
4
A.
The
5
Q.
In
dealing
Schoolcraft,
did you
endeavor
7
the
written
with Mr.
6
the
policy
9
was
MR.
yes.
here
CALLAN:
as
to
follow
Exhibit
Well,
this
70?
says
it
4/10.
SUCKLE:
I
MR.
CALLAN:
Well,
MR.
knew
SUCKLE:
I t doesn't
asked
her
if
she
what
12
13
forth
revised
10
11
set
MR.
8
written,
we
don't
know.
14
15
revised.
16
don't
It
says
speak.
I
17
MR.
18
representation
19
that
20
Mr.
MR.
followed
23
follow
this
24
effect
or
LEE:
the
the
a
policy
time
that
seen?
policy,
she
making
I'm asking
policy,
not
Please
about
you
was
effect at
this
MR.
212-267-6868
this
SUCKLE:
22
her
Are
Schoolcraft were
21
25
asked
CALLAN:
in
was
reviewed.
say
endeavored
whether
can
if
tell
Objection
she
to
i t was
in
me.
to
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Page 241
1
L.
2
A.
ALDANA-BERNIER
It's
to
in
saying
3
alleged
have
a
4
which
5
treatment
in
a
6
and which
is
likely
7
harm
8
under
9
Q.
immediate
to
or
endeavor
to
12
care
A.
follow
At
14
thought
15
danger
16
that point
17
story where
18
hospital
19
and
20
think
21
for
in
of Mr.
admitted
period
of
15
Did you
in
policy
your
Schoolcraft?
in
that point
serious
may be
a
and
appropriate
is:
this
for
care,
result
others
treatment
13
to
question
11
and
is
hospital
provision
The
illness
observation,
himself
this
mental
"Patient
days. "
10
here,
2009,
I
himself.
I
to
others
in
time
he
was
to
he may be
himself
you
go
brought
back
to
acting
and he
was
paranoid.
danger
24
A.
That's
25
Q.
Under
your
to
answer,
to
of
the
the
was
a
a
because
he
Is
23
that
if
was
Q.
22
or
because
agitated
he
believe
bizarre
others
yes,
or
you
I
to
tried
to
212-267-6868
what
this
I'm
saying,
policy,
under
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Page 242
1
L.
2
1
"a
3
to
4
attempts
is
substantial
himself
as
at
manifested by
attempts
at
SHAFFER:
8
MR.
CALLAN:
Q.
Did Mr.
threats
or
A.
You
12
Q.
We
are
going
We
or
threats
or
have
are
to
Objection.
Objection.
Schoolcraft manifest
attempts
11
13
of
suicide?
MR.
9
threats
harm
suicide."
7
10
of physical
risk
Did he manifest
5
6
ALDANA-BERNIER
at
to
suicide?
finish.
going
go
to break
i t down.
one by one?
14
MR.
CALLAN:
Objection.
15
MR.
SUCKLE:
That's
16
question.
17
MR.
CALLAN:
Objection
18
form
the
MR.
19
20
of
the
to
the
question.
SUCKLE:
CALLAN:
The
She
Noted.
can
answer.
MR.
21
22
left
23
incomplete
24
MR.
You
212-267-6868
something out.
are
said you
reading
document.
25
doctor
sentences
SUCKLE:
from
a
three-page
I'm asking
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1
L.
ALDANA-BERNIER
2
questions.
3
way,
4
Q.
I'm
In my
asking
Doctor,
a
horrific
question.
did you
5
Schoolcraft because he
6
risk
7
manifested by
8
stumbling
admit Mr.
suicide?
of physical
a
harm
was
to
threat
A.
Q.
Just yes
or
11
A.
Sir,
have
12
Q.
attempt
at
statement.
13
as
Sir
10
substantial
himself
or
9
a
14
You
I
have
don't
to
have
answer
he
is
a
other
danger
to
We're
Q.
18
19
know
that
20
to
SHAFFER:
"Or
A.
16
to
complete
do
the
anything.
questions.
MR.
15
17
you
no.
Objection.
conduct demonstrating
himsE~lf."
going
to
get
there.
part.
I'm asking you
I
a
question.
21
A.
That's
what
22
Q.
We
going
23
based your
24
Did you
25
substantial
212-267-6868
are
opinion
base
it
risk
on
on.
I
based
to
get
to
what you
I'm asking you:
that he
was
of physical
a
harm
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Page 244
1
L.
ALDANA-BERNIER
2
himself
as
manifested by
3
attempt
at
suicide?
4
MR.
and
5
CALLAN:
MR.
and
or
MR.
8
or
asked
CALLAN:
Not
answered yet.
no?
Objection,
asked
answered.
10
Q.
Can
11
A.
A potential
12
Q.
So
13
threat
14
what you're
or
you
you
answer,
please?
risk,
yes.
say he manifest by
attempt at
suicide;
it
a
that
saying?
15
A.
A potential
16
Q.
Did he manifest by
17
of
Objection,
SUCKLE:
Yes
Q.
9
threat
answered.
6
7
a
risk.
a
threat
of
suicide?
It's
A.
18
19
in
with
20
was
21
himself
22
potential
a
23
Q.
24
reason
25
A.
212-267-6868
to
the
the
emergency
potential
or
behavior
hurt
risk
that
room.
he
I
came
saw he
that he might hurt
That's
others.
a
risk.
So
potential
that you
That's
risk
held him,
the
was
the
correct?
reason
that
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was
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1
2
L.
thinking
ALDANA-BERNIER
that
3
Q.
4
you've
5
A.
I
6
Q.
he
And
And
described
8
48-hour period
9
also
you
that
already
potential
who
risk
today?
to
of
a
risk,
saw him within
confirm his
that
potential
us
of
yes.
this
doctor
tell
to
did,
did
the
the
admission.
the potential
7
10
needs
he
was
the
admission
concerned about
risk?
11
MR.
RADOMISLI:
12
MR.
LEE:
13
MR.
CALLAN:
14
Q.
Objection
I
he
the
in
join
you
to
form.
the
objection.
15
Objection.
Did he
16
concerned about
17
you've
MR.
19
testimony
20
MR.
21
that's
22
A.
there
24
his
25
was
the potential
risk
that
just described?
18
23
tell
LEE:
ThE~re'
been
she ever
SUCKLE:
the
talked
She
can
to
no
him.
say
that
if
answer.
If you
for
s
read
the
him
tell
me
I
As
212-267-6868
I
can
see he
that.
wasn't
I
read
risk.
notes,
to
notes,
was
a
potential
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L.
1
Q.
2
This
3
talking
4
risk
6
when
day.
7
that
9
you
did he
last
I'm basing
he
there
came
any
11
the
risk
reason
you
A.
What
13
Q.
I'm not
MR.
repeat
17
sure
18
Q.
Is
are
the
just described
20
held
the
to
one
beginning
risk,
is
that
just described
are
you
thinking
Do
thinking
of
as
you
want
of?
any.
her
to
again?
No,
no
I
other
only
want
to
make
ones.
that potential
19
risk
reason
that you
that
you
him?
The
A.
a
same
22
see
23
danger
to
others,
24
I
to
admit
25
only
besides
SUCKLE:
there
it
hospital.
CALLAN:
MR.
16
potential
held him?
risk
herself
this
potential
risk
12
14
the
that you
that
that you're
saw him?
this
other
potential
21
have
i t from
into
And
10
15
risk
I'm not basing
Q.
8
potential
about,
A.
5
ALDANA-BERNIER
patient,
have
Q.
it
reason
is
a
and
I
think
potential
I
make
the
when
risk
I
and
decision
the patient.
And when
you
say
"potential
---------
212-267-6868
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1
L.
2
risk,"
3
all
can
ALDANA-BERNIER
you
quantify
that
for
me
at
what you mean by potential?
A.
4
The patient
comes
5
himself,
6
in
7
officer who may
have
access
to
weapons,
8
easy
have
access
to
weapons.
9
He
from
acting bizarre.
in barricaded
his
for
house.
him
to
paranoid.
is
10
i t would be
11
I t was
I
would
13
So
Q.
safe
if
he
if
was
a
brought
police
think
that maybe
admitted.
12
safe
He
your
was
A.
If
he
15
Q.
That's
about when you
17
thought
be
he might be
admitted?
14
16
the patient will
was
admitted.
what you
were
correct?
A.
All
Q.
18
19
of
the
Can you
above
risk,
that
I
told
you.
20
21
by potential
22
likelihood of
23
"potential"
24
you
25
say potential
talking
quantify
A.
212-267-6868
risk
quantify
as
far
This
risk?
that you
you
as
the
word
have been
that for
When
what you mean
say
using,
can
me?
"quantify,"
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516-608-2400
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1
2
L.
do
you
mean?
Q.
3
ALDANA-BERNIER
Sure.
4
Well,
5
"potential."
6
you mean
I
used
would
the
like
to
know what
If
you
think
the
of
navy yard
8
disaster,
was
he
an
officer
9
He
quite,
no
one
was
word
by potential.
A.
7
you
so
10
what
was
going
11
happened
or
ever
army man?
found
out
then?
12
Or
on
if
with
him.
you
look
Rover.
Who
13
the
14
people
that
15
police
So
at
what
all
of
those
officers.
Range
16
caused
So
I
that?
think
17
make
18
the
19
that
there
will
20
will
be
destruction,
21
get
harmed
22
the
24
25
ER,
Q.
meant by
A.
2 I 2-267-6868
that
have
I
when
to
no
when
I
was
I
all
They
then
see
think
be
no
they
in
a
of
are
I
these
all
have
to
patient
in
ER.
23
sure
if
are
the
future
disaster,
or
were
asking
no
there
one
will
discharged
from
about what you
potential.
That's
the potential.
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Page 249
1
L.
Q.
2
ALDANA-BERNIER
So
3
all,
you
4
patient
if
want
is
there
to make
safe,
is
any potential
sure
that
at
the
correct?
5
A.
Correct.
6
Q.
And
if
there
is
any potential
7
at
8
community
9
A.
That's
correct.
10
Q.
And
if
there
is
any potential
were
going
to
admit Mr.
all,
all,
you
want
is
11
at
you
12
safe,
Schoolcraft,
13
A.
15
I
would have
17
emergency
18
and
the
correct?
to
room,
Objection
of
those
to
form.
reasons,
yes,
admit him.
admitted him
there
were
to
the
certain
rules
regulations
MR.
19
psych
22
regulations
23
about
24
visitors
A.
212-267-6868
floor,
he was
there
in
clothes
can
Withdrawn.
SUCKLE:
When
Q.
21,
25
all
When you
Q.
20
LEE:
With
16
sure
correct?
MR.
14
to make
the
admitted
were
psych
they wear,
come,
to
certain
ward,
the
rules
and
correct,
what hours
correct?
Yes.
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1
L.
Q.
2
3
have
4
want,
ALDANA-BERNIER
It's
anybody
like
not
come
correct;
they
and v i s i t
is
that
are
any
free
time
to
they
true?
5
A.
That's
correct.
6
Q.
I
show you
7
marked
as
will
you
been
71.
Now,
8
Exhibit
what's
do
9
A.
[No
10
Q.
Do
11
A.
It's
the
12
Q.
Were
those
what
that
that
is?
is?
hours.
13
know
response.]
you
14
effect when Mr.
15
psychiatric
16
know
what
policy
the
of visiting
policies
Schoolcraft was
2009?
floor
17
A.
Okay,
18
inpatient
Q.
Jamaica
the
Hospital
in
unit.
19
at
on
1n
During
20
Schoolcraft was
21
he
22
23
24
in
A.
the
this
the
at
policy
time
is
for
the
that Mr.
Jamaica
Hospital,
was
inpatient unit?
I
did
not work
I
in
the
inpatient
understand.
unit.
Q.
Was
25
212-267-6868
he
in
the
inpatient
VERITEXT REPORTING COMPANY
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unit?
516-608-2400
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