Schoolcraft v. The City Of New York et al

Filing 477

LETTER addressed to Judge Robert W. Sweet from Alan H. Scheiner dated August 14, 2015 re: Defendants' Joint Proposed Pretrial Order. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), Timothy Caughey(Tax Id. 885374 Individually), Timothy Caughey(Tax Id. 885374 in his official capacity), Kurt Duncan(Shield No. 2483, Individually), Kurt Duncan(Shield No. 2483 in his official capacity), William Gough(Tax Id. 919124, Individually), William Gough(Tax Id. 919124, in his Official Capacity), Elise Hanlon(in her official capacity as a lieutenant with the New York City Fire Department), Elise Hanlon(individually), Theodore Lauterborn(Tax Id. 897840 in his official capacity), Theodore Lauterborn(Tax Id. 897840, Individually), Michael Marino, Michael Marino, Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370 in his official capacity), Gerald Nelson(Assistant Chief Patrol Borough Brooklyn North, Tax Id. 912370, Individually), Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York. (Attachments: # 1 Text of Proposed Order Defendants' Joint Proposed Pretrial Order)(Thadani, Kavin)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------------------x
ADRIAN SCHOOLCRAFT,
Plaintiff,
-against-

JOINT PROPOSED
PRETRIAL ORDER
10-CV-6005(RWS)

THE CITY OF NEW YORK, et al.,
Defendants.
-------------------------------------------------------------------------x
Counsel having conferred pursuant to Fed. R. Civ. P. 16 and the Court’s Individual
Practices, the parties submit the following statements as their Joint Pretrial Order:
i.

Full Caption of the Action
A. Plaintiff’s Proposed Caption

ADRIAN SCHOOLCRAFT, Plaintiff,
-againstTHE CITY OF NEW YORK, DEPUTY CHIEF MICHAEL MARINO, Tax Id. 873220,
Individually and in his Official Capacity, ASSISTANT CHIEF PATROL BOROUGH
BROOKLYN NORTH GERALD NELSON, Tax Id. 912370, Individually and in his Official
Capacity, DEPUTY INSPECTOR STEVEN MAURIELLO, Tax Id.895117, Individually and in
his Official Capacity, CAPTAIN THEODORE LAUTERBORN, Tax Id. 897840, Individually
and in his Official Capacity, LIEUTENANT WILLIAM GOUGH, Tax Id.919124, Individually
and in his Official Capacity, SGT. FREDERICK SAWYER, Shield No. 2576, Individually
and in his Official Capacity, SERGEANT KURT DUNCAN, Shield No. 2483, Individually and
in his Official Capacity, LIEUTENANT CHRISTOPHER BROSCHART, Tax Id. 915354,
Individually and in his Official Capacity, LIEUTENANT TIMOTHY CAUGHEY, Tax Id.
885374, Individually and in his Official Capacity, SERGEANT SHANTEL JAMES, Shield No.
3004, Individually and in her Official Capacity, , CAPTAIN TIMOTHY TRAINER, Tax Id.
899922, Individually and in his Official Capacity, and P.O.’s “JOHN DOE” #1-50, Individually
and in their Official Capacity (the name John Doe being fictitious, as the true names are
presently unknown), (collectively referred to as “NYPD 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 ALDANA-BERNIER, Individually and
in her Official Capacity and JAMAICA HOSPITAL MEDICAL CENTER EMPLOYEE’S

“JOHN DOE” # 1-50, Individually and in their Official Capacity (the name John Doe being
fictitious, as the true names are presently unknown), Defendants.
B. Defendants’ Proposed Caption1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------------------------x
ADRIAN SCHOOLCRAFT,
Plaintiff,

10-CV-6005 (RWS)

-againstTHE CITY OF NEW YORK, DEPUTY CHIEF MICHAEL MARINO,
Tax Id. 873220, Individually and in his Official Capacity, ASSISTANT
CHIEF PATROL BOROUGH BROOKLYN NORTH GERALD
NELSON, Tax Id. 912370, 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 DUNCAN, Shield No. 2483, Individually and in
his Official Capacity, LIEUTENANT CHRISTOPHER BROSCHART,
Tax Id. 915354, 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, (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 ALDANA-BERNIER, Individually and in his
Official Capacity,
Defendants.
------------------------------------------------------------------------------------x

1

Defendants propose to amend the caption as follows to reflect the current posture of the case.

2

ii.

Names, Addresses, and Telephone and Fax Numbers of Trial Counsel2

For Plaintiff

For City Defendants

Gerald Cohen
COHEN & FITCH, LLP
225 Broadway, Suite 2700
New York, New York 10007
[phone]
[phone] (fax)

City of New York, Michael Marino, Gerald Nelson,
Theodore Lauterborn, William Gough, Frederick
Sawyer, Kurt Duncan, Christopher Broschart,
Timothy Caughey and Elise Hanlon

John Lenoir
JOHN LENOIR
829 Third Street Ne
Washington, DC 20002
[phone]
[phone] (fax)
Jon L. Norinsberg
LAW OFFICES OF JON L. NORINSBERG
225 Broadway, Suite 2700
New York, New York 10007
[phone]
[phone] (fax)
Nathaniel B. Smith
LAW OFFICE OF NATHANIEL B. SMITH
100 Wall Street, 23rd Floor
New York, NY 10005
212 227 7062
212 346 4665 (fax)

ZACHARY W. CARTER
Corporation Counsel of the City of New York
100 Church Street
New York, New York 10007
[phone]
[phone] (fax)
By: Alan H. Scheiner
Cheryl L. Shammas
Kavin Thadani
For Defendant Mauriello
SEIFF KRETZ & ABERCROMBIE
444 Madison Avenue, 30th Floor
New York, New York 10022
[phone]
[phone] (fax)
By: Walter A. Kretz , Jr.
Patrick C. Nolan

For Defendant Jamaica Hospital Medical Center
MARTIN CLEARWATER & BELL LLP
220 E. 42nd Street, 1th Floor
New York, New York 10017
[phone]
[phone] (fax)
By: William P. Brady
Brian Osterman
Gregory John Radomisli

2

Unless otherwise indicated, lists of the names of counsel are set forth in alphabetical order.

3

For Defendant Lillian Aldana-Bernier
CALLAN, KOSTER, BRADY & BRENNAN, LLP
One Whitehall Street
New York, New York 10004
[phone]
[phone] (fax)
By: Meredith Borg
Bruce M. Brady
Matthew J. Koster
For Defendant Dr. Isak Isakov
IVONE, DEVINE & JENSEN, LLP
2001 Marcus Avenue
Lake Success, New York 11042
[phone]
[phone] (fax)
By: William R. Devine
Brian Lee

iii.

Basis of Subject Matter Jurisdiction
A. Plaintiff’s Version

Subject matter jurisdiction is based on federal question jurisdiction and supplemental
jurisdiction except to the extent that there is a dispute over the Court’s jurisdiction over the claim
for declaratory relief as noted below and the parties to not dispute that the Court has subject
matter or personal jurisdiction.
B. Defendants’ Version
Subject matter jurisdiction is based on federal question jurisdiction and supplemental
jurisdiction. The parties do not dispute that the Court has subject matter or personal jurisdiction
except to the extent that there is a dispute over the Court’s jurisdiction over the claim for
declaratory relief as noted below.
iv.

Summary of Claims and Defenses
A. Plaintiff’s Summary of Claims and Defenses

Plaintiff asserts claims against the defendants under federal and state law arising from a
series of actions taken by the various defendants in this case over the course of a sustained period
of time from later 2008 though the early spring of 2010. During this period of time, the NYPDrelated defendants began an escalating series of retaliatory actions against the plaintiff for failing
to achieve improper quotas, for reporting misconduct by the NYPD defendants, and for speaking
4

out about these issues. As a result, the NYPD Defendants entered and searched plaintiff’s home
illegally on October 31, 2009 and he was assaulted, handcuffed, arrested and declared an
“emotionally disturbed person” and then taken and kept against his will and without any
justification to Jamaica Hospital where he was unlawfully and involuntarily committed as a
mentally ill and dangerous person for six days by the Medical Defendants. After his release, the
NYPD Defendants continued to harass and threaten the plaintiff in an effort to punish the
plaintiff for speaking out and reporting misconduct and in an effort to inhibit him from speaking
out further.
The facts that form the basis for the plaintiff’s claims are set forth in the Third Amended
Complaint. Although the Court in part granted some of the defendants summary judgment on
some of the claims being asserted against the defendants, the plaintiff, the City Defendants and
Defendant Mauriello have moved for reconsideration on various claims. Once the Court has
rendered its decision on the various motions for consideration, the plaintiff will set forth the
nature of the various claims and legal theories to be tried before the Court and a jury on October
19, 2015.
B. The City Defendants’ Summary of Claims and Defenses3
1. Plaintiff’s Claims
Plaintiff’s Third Amended Complaint (“TAC”) asserts the following federal claims: (1)
First Amendment Retaliation; (2) False Arrest; (3) Malicious Abuse of Process; (4) Excessive
Force; (4) Failure to Intercede; (6) Unlawful Search and Entry; (7) Involuntary Confinement; (8)
Conspiracy; (9) Substantive and Procedural Due Process; and (10) Municipal Liability. The
TAC also asserts the following pendent state law claims: (1) Assault; (2) Battery; (3) False
Arrest; (4) False Imprisonment; (5) Intentional Infliction of Emotional Distress; and (6)
Negligent Hiring / Training/ Supervision/ Retention.
By Opinion dated May 5, 2015, the Court disposed of numerous claims and dismissed
certain parties from the action and from specific claims.4 The following constitute the claims
remaining to be tried against the remaining City Defendants:5

3

By identifying a defense in this Pre-Trial Order, defendants do not concede that the contention listed is
an affirmative defense or that they have the burden of proof as to the contention.

4

The Court dismissed plaintiff’s claims for post-suspension First Amendment violations, Malicious
Abuse of Process, Conspiracy, Negligent Hiring / Training/ Supervision/ Retention, Negligence,
Negligent Disclosure of IAB Complaint, and claims against individual defendants under the First
Amendment. The Court also dismissed all claims against defendant Trainor, and all claims against
defendant Mauriello except for the Failure to Intercede claim and Warrantless Entry Claim. Defendant
Trainor was dismissed from the action.

5

Listing a claim here is not a concession that the claim is legally sufficient or that it should not be
dismissed before or during trial.

5

1. A claim under Section 1983 for false arrest and false imprisonment in violation of the
Fourth Amendment for taking plaintiff into custody under the New York Mental
Hygiene Law § 9.41 for mental health evaluation and treatment;
2. A claim under Section 1983 for excessive force in violation of the Fourth
Amendment;
3. A claim under Section 1983 for a failure to intercede to prevent the above, in
violation of the Fourth Amendment;
4. A claim under Section 1983 for unlawful search and entry into the plaintiff’s
apartment, in violation of the Fourth Amendment;6
5. A claim under Section 1983 and the Fourth Amendment for municipal liability for the
above; and
6. State law claims for the above for the common law torts of: Assault; Battery; False
Arrest; False Imprisonment; and Intentional Infliction of Emotional Distress.
Plaintiff also purports to assert a First Amendment claim. The First Amendment claim
pled in the Third Amended Complaint was dismissed by the Court. The Court held on May 5,
2015 that the plaintiff may proceed with an action for retaliatory adverse employment action
against a government employee under the First Amendment. Such a claim was not pled in the
Third Amended Complaint. The Court also held that all individual defendants would have
qualified immunity with respect to any such claim. The City Defendants contend that no First
Amendment claim is properly triable in this action.
Plaintiff also purports to assert a claim for declaratory relief. The City Defendants
contend that declaratory relief is not appropriate in this action.
2. City Defendants’ Defenses
Plaintiff cannot prevail on his unlawful search and entry claim because entry into the
home was justified by exigent circumstances
Plaintiff cannot prevail on his false arrest or false imprisonment claims because the
defendants had probable cause to place plaintiff in protective custody, pursuant to NY Mental
Health and Hygiene Law § 9.41, which is a complete defense to all claims.
Plaintiff cannot prevail on his unlawful entry, false arrest or false imprisonment claim
because plaintiff was, at the time he was taken into custody, mentally ill and conducting himself
in a manner which was likely to result in serious harm to himself or others.
Even assuming, arguendo, that probable cause and exigent circumstances did not exist,
the City Defendants are entitled to qualified immunity because there was arguable probable
cause in that they were reasonable in their mistaken belief, or officers of reasonable competence
could disagree, that there were exigent circumstances and justification to seize plaintiff pursuant
to Mental Hygiene Law § 9.41 to ensure plaintiff’s safety through a mental health evaluation.
6

Plaintiff’s purported claims under the Due Process clause are redundant to the Fourth Amendment
claims and are not properly tried as a separate claim.

6

The individual defendants are shielded from suit by the doctrines of absolute immunity, qualified
immunity, common law immunity, judicial immunity, or any combination of these doctrines.
The City Defendants deny that excessive force was used in connection with plaintiff’s
seizure. To the extent that one or more of the City Defendants used any force, it was reasonable,
necessary and justified to accomplish the City Defendants’ official duties and to protect their
own physical safety and the physical safety of others.
Because plaintiff’s constitutional rights were not violated, defendant City of New York
cannot be liable under Monell.
The City Defendants deny that plaintiff was retaliated against because he engaged in any
activity protected by the First Amendment; deny that any adverse employment action occurred
that would not have occurred in the absence of any retaliatory animus; and assert that
defendants’ conduct was objectively justified by exigent circumstances and probable cause.
The City denies the existence of any unlawful policy or practice alleged by plaintiff and
denies that any policy or practice of the City caused any of the alleged constitutional violations
against Schoolcraft, as required under the Monell doctrine for municipal liability.
Plaintiff cannot prevail on his pendent state law claims because the City Defendants deny
plaintiff was assaulted, battered, falsely imprisoned or subjected to intentional infliction of
emotional distress, and defendants’ conduct was justified under the circumstances.
Defendants’ conduct did not meet the elements required for liability for intentional
infliction of emotional distress.
The City Defendants have not violated any rights, privileges or immunities under the
Constitution or laws of the United States or the State of New York or any political subdivision
thereof, nor have defendants violated any act of Congress providing for the protection of civil
rights.
At all relevant times, the City Defendants acted reasonably, properly, lawfully and in
good faith in the exercise of their discretion, and as such, the City is entitled to governmental
immunity.
Plaintiff provoked any incident.
Any injury alleged to have been sustained by plaintiff resulted from his own culpable or
negligent conduct, or the culpable or negligent conduct of third parties and was not the proximate
result of any act of the City Defendants.
Plaintiff has failed to mitigate his damages.
Punitive damages may not be assessed against the City of New York.
Declaratory or injunctive relief is not appropriate in this action.

7

C. Defendant Mauriello’s Defenses
Plaintiff’s unlawful entry claim against defendant Mauriello must fail because defendant
Mauriello did not direct any NYPD personnel to enter plaintiff’s apartment and his entry into
plaintiff’s home for approximately three minutes was justified by the exigent circumstances. He
also would have had no reason or justification for intervening in the entry of the apartment by the
other NYPD personnel, and in any event would not have done so since he was not in charge at
the scene and was not the highest ranking NYPD officer present at the scene. He also is entitled
to qualified immunity from liability for entering the apartment and for not intervening to stop the
other NYPD personnel from entering the apartment due not just to the exigent circumstances and
the fact that he was not the highest ranking officer at the scene, but also because he acted at all
times in good faith in furtherance of his duties and responsibilities as an officer of the NYPD out
of concern that plaintiff may have been a danger to himself and/or others.
Defendant Mauriello has not violated any rights, privileges or immunities under the
Constitution or laws of the United States or the State of New York or any political subdivision
thereof.
At all relevant times, defendant Mauriello acted reasonably, properly, lawfully and in
good faith in the exercise of his discretion, and therefore is entitled to qualified immunity.
Plaintiff engaged in malicious, deceitful, fraudulent conduct to achieve inappropriate
results, and orchestrated the events that culminated in the NYPD entering his apartment, which
they did in good faith out of concern for the apparent danger he posed to himself and/or others.
Thus, any injury alleged to have been sustained by plaintiff resulted from his own culpable
conduct.
To the extent plaintiff suffered any harm not due to his own culpable conduct, it would
have been caused by the culpable conduct of third parties, and was not the proximate result of
any act or failure to act of defendant Mauriello.
Even if defendant Mauriello were liable for participating in the first entry into plaintiff’s
apartment, the harm cause to plaintiff by Mauriello’s presence in the apartment was de minimus
and would not justify any award to plaintiff other than nominal damages.
Plaintiff has failed to mitigate his damages.
There is no basis for the jury to give any consideration to an award of punitive damages
in favor of plaintiff against defendant Mauriello.
D. Defendant Jamaica Hospital Medical Center’s Defenses
Plaintiff cannot maintain a cause of action directly against Jamaica Hospital for medical
malpractice because plaintiff does not make any allegations of medical malpractice as to any
specific members of the Jamaica Hospital staff separate from the codefendant psychiatrists, and
there are no issues of fact regarding the care rendered by the Jamaica Hospital residents.
Moreover, the care provided by the Jamaica Hospital staff and residents was at all times proper,
appropriate, timely, and within the standard of care. In addition, plaintiff cannot maintain a cause
8

of action for false arrest or false imprisonment because plaintiff has not presented any evidence
that Jamaica Hospital committed medical malpractice, and because plaintiff’s detention was
otherwise privileged. Plaintiff also cannot maintain a cause of action for negligent hiring,
training, or supervision because plaintiff’s Third Amended Complaint does not contain any
allegations that the codefendant psychiatrists or any of the Jamaica Hospital staff had, or should
have known of, a propensity to improperly hospitalize patients or to commit false arrest or false
imprisonment; plaintiff has not submitted any evidence of Jamaica Hospital’s hiring, training,
supervision or retention policies, and plaintiff has not alleged and cannot demonstrate that any of
the Jamaica Hospital staff or the codefendant psychiatrists were acting outside the scope of their
employment when they treated the plaintiff.
Jamaica Hospital has also pled and maintains the following Affirmative Defenses:
1.
Defendant JAMAICA HOSPITAL MEDICAL CENTER denies liability, but if
liability is found against this defendant and the liability is found to be 50% or less of the total
liability assigned to all persons liable, then this defendant invokes the limits on liability for
noneconomic loss set forth in CPLR §1601.
2.
That defendant asserts the terms, provisions, limitations and rights contained in
§4545 of the CPLR.
3.
Whatever injuries plaintiff may have sustained at the time and place alleged in the
second amended complaint were caused in whole or in part or were contributed to by the
culpable conduct and want of care on the part of the plaintiff.
4.
Defendant reserves its rights pursuant to CPLR 3017(c) to move to strike
plaintiff’s AD DAMNUM clause and all other reference to specific amounts of monetary
damages in plaintiff second amended complaint.
5.
Defendant objects to all punitive language, as defendant was not negligent,
careless nor reckless. Defendant reserves its right to strike any and all punitive language from the
second amended complaint and all future pleadings.
6.
Defendant THE JAMAICA HOSPITAL MEDICAL CENTER is immune from
suit under the doctrines of qualified and absolute immunity.
7.
Defendant THE JAMAICA HOSPITAL MEDICAL CENTER at all times acted
in good faith and with justification.
8.
The actions by defendant THE JAMAICA HOSPITAL MEDICAL CENTER
were privileged under Article 9 of the Mental Hygiene Law.
E. Defendant Bernier’s Defenses
1. Federal Claims
The federal claims against Dr. Isakov were dismissed by the prior order of this court.
2. State Law Claims
Adrian Schoolcraft claims that Dr. Aldana-Bernier departed from the standards of
accepted medical practice in her decision to admit Adrian Schoolcraft to Jamaica Hospital
pursuant to Section 9.39 of the NYS Mental Hygiene Law. Adrian Schoolcraft also claims that
9

Dr. Aldana-Bernier is liable for false imprisonment by virtue of his involuntary admission to
Jamaica Hospital.
Dr. Aldana-Bernier claims that her decision to admit Adrian Schoolcraft to Jamaica
Hospital pursuant to Section 9.39 of the NYS Mental Hygiene Law was consistent with the
standards of accepted medical practice. Dr. Aldana-Bernier also claims that her decision to
involuntarily admit Adrian Schoolcraft to Jamaica Hospital is privileged because she did not
commit medical malpractice.
3. Declaratory Relief
Adrian Schoolcraft further seeks a declaration that the conduct of, inter alia, Dr. AldanaBernier was unlawful.
Dr. Aldana-Bernier claims that the Court lacks jurisdiction over this claim as the
Declaratory Judgment Act does not in itself provide subject matter jurisdiction, but simply
provides a remedy for disputes already within realm of federal jurisdiction. Since all federal
claims were dismissed against Dr. Aldana-Bernier, there is no subject matter jurisdiction over
this claim. 28 U.S.C.A. § 2201, § 2202. Supplemental jurisdiction allows for a hearing of the
state law claims (28 U.S.C. § 1367), but this does not provide a basis for jurisdiction for the
federal declaratory relief sought.
4. Affirmative Defenses
Dr. Aldana-Bernier claims that the plaintiff contributed to the events referred to in the
TAC by culpable conduct, both intentional and negligent, are as a result, plaintiff’s damages, if
any, are mitigated by New York CPLR Article 14-A.
Dr. Aldana-Bernier pleads Article 16 of the CPLR in mitigation of damages so that joint
tortfeasors are liable only for the relative share of damages for non-economic loss related to the
culpable conduct of each, in proportion to that of all.
Upon information and belief, plaintiff has received remuneration and/or compensation for
some or all of his claimed economic loss and answering defendant is entitled to have any verdict
or judgment reduced by the amount of that remuneration or compensation pursuant to Civil
Practice Law and Rules § 4545.
Dr. Aldana-Bernier asserts that the plaintiff, by his actions and conduct failed to
cooperate with the physicians who evaluated him at JAMAICA HOSPITAL MEDICAL
CENTER and failed to give them important information that a reasonably prudent person, under
the same or similar circumstances, would have given. By reason of the foregoing the plaintiff
ADRIAN SCHOOLCRAFT knowingly and voluntarily assumed the risk of confinement and the
events referred to in the Amended Complaint, so as to bar the action; or, in the alternative, to
mitigate damages herein.

10

F. Defendant Isakov’s Defenses
1. Federal Claims
The federal claims against Dr. Isakov were dismissed by the prior order of this court.
2. State Law Claims
Adrian Schoolcraft claims that Dr. Isakov departed from the standards of accepted
medical practice in his decision to confirm the admission of Adrian Schoolcraft to Jamaica
Hospital pursuant to Section 9.39 of the New York State Mental Hygiene Law. Adrian
Schoolcraft also claims that Dr. Isakov is liable for false arrest and imprisonment by virtue of
Schoolcraft’s involuntary admission to Jamaica Hospital.
Dr. Isakov claims that his decision to confirm the admission of Adrian Schoolcraft to
Jamaica Hospital pursuant to Section 9.39 of the New York State Mental Hygiene Law was
consistent with the standards of accepted medical practice. Dr. Isakov also claims that his
decision to confirm the admission of Adrian Schoolcraft to Jamaica Hospital is privileged
because he did not commit medical malpractice. In this regard defendant Isak Isakov, M.D.
contends that all of his care and treatment of the patient, and all decisions made with respect to
Adrian Schoolcraft, were in accordance with the standards of practice in the community within
which he practices.
3. Declaratory Relief
Adrian Schoolcraft further seeks a declaration that the conduct of, inter alia, Dr. Isakov
was unlawful.
Dr. Isakov claims that the Court lacks jurisdiction over this claim as the Declaratory
Judgment Act does not in itself provide subject matter jurisdiction, but simply provides a remedy
for disputes already within the realm of federal jurisdiction. Since all federal claims were
dismissed against Dr. Isakov, there is no subject matter jurisdiction over this claim. 28 U.S.C.A.
§§ 2201, 2202. Supplemental jurisdiction allows for a hearing of the state law claims (28 U.S.C.
§ 1367), but this does not provide a basis for jurisdiction for the federal declaratory relief sought.
4. Affirmative Defenses7,8
Dr. Isakov claims that the plaintiff contributed to the events referred to in the TAC by
culpable conduct, both intentional and negligent, are as a result, plaintiff’s damages, if any, are
mitigated by New York CPLR Article 14-A.

7

By identifying a defense in this Pre-Trial Order, defendant Isakov does not concede that the contention
listed is an affirmative defense or that he has the burden of proof as to the contention.
8

Plaintiff objects to these affirmative defenses to the extent not set forth in the pleadings.

11

Dr. Isakov pleads Article 16 of the CPLR in mitigation of damages so that joint
tortfeasors are liable only for the relative share of damages for non-economic loss related to the
culpable conduct of each, in proportion to that of all.
Upon information and belief, plaintiff has received remuneration and/or compensation for
some or all of his claimed economic loss and answering defendant is entitled to have any verdict
or judgment reduced by the amount of that remuneration or compensation pursuant to Civil
Practice Law and Rules § 4545.
That the plaintiff, by his actions and conduct failed to cooperate with the physicians who
evaluated him at JAMAICA HOSPITAL MEDICAL CENTER and failed to give them important
information that a reasonably prudent person, under the same or similar circumstances, would
have given. By reason of the foregoing the plaintiff ADRIAN SCHOOLCRAFT knowingly and
voluntarily assumed the risk of confinement and the events referred to in the Amended
Complaint, so as to bar the action; or, in the alternative, to mitigate damages herein.
G. Defendant Mauriello’s Counterclaims
The Court granted summary judgment to plaintiff dismissing defendant Mauriello’s
counterclaims for tortious interference with Mauriello’s relationship with the NYPD and for
prima facie tort. Defendant Mauriello has moved for reconsideration of that decision and for
reinstatement of his counterclaims. A decision has not yet been rendered.
v.

Trial by Jury

The case is to be tried before a jury and, if all of plaintiff’s claims are tried as asserted,
the trial is expected to last forty (40) trial days.
Defendant Jamaica Hospital anticipates one week to present its defense.
Defendant Isakov anticipates two to three days to present his defense.
vi.

Consent to Trial by Magistrate Judge
The parties have not consented to a trial before a magistrate judge.

vii.

Stipulations of Fact
None.

viii.

Witnesses

A. Plaintiff’s Witnesses9
1. Aldana-Bernier, Lilian
9

This is a list of witnesses that the plaintiff may call or seek to call to trial.

12

2. Broschart, Christopher
3. Bukunola, Okuwobi, LPN
4. Calderone, Virnalyn RN
5. Cagno, David
6. Carter, Monique
7. Caughey, Timothy
8. Cooper, Alan – NYC 30(b)(6)
9. Duncan, Kurt
10. Eterno, John PhD10
11. Ferrara, Joseph
12. Greene, Keith
13. Gough, William
14. Hacker, Scott
15. Halpren-Ruder, Daniel MD
16. Hanlon, Elise
17. Huffman, Rasheeda
18. Isakov, Isak
19. Kehoe, Kevin J. Det. Queens
20. James, Shantel
21. Lamstein, Catherine MD
22. Lauterborn, Theodore
23. Ledbetter, RN Glenda
24. Lubit, Roy MD
25. Lwin, MD Khin Mar
26. Maffia, Anthony, JHMC 30(b)(6)
27. Marino, Michael
28. Marquez, Jessica EMT
29. Mattews, Craig
30. Mauriello, Steven
31. Milone, William NYC 30(b)(6)
32. Nelson, Gerald
33. Nwaishienyi, Silas MD
34. Patel, Indira MD
35. Murpi, Michael –NYC 30(b)(6)
36. Polanco, Adhyl
37. Rinehart, Nedie, RN
38. Sangeniti, Salvatore, EMT
39. Sawyer, Frederick
40. Schoolcraft Adrian
41. Schoolcraft, Larry
42. Serrano, Pedro
43. Silverman, Eli PhD10
10

Defendants reserve all objections as to plaintiff’s witnesses and their testimony. The City Defendants
object, inter alia, to the plaintiff’s designation of two expert witnesses on the same subject matter – John
Eterno and Eli Silverman.

13

44. Stremoyer, Carol
45. Stretmoyer, Ted
46. Stukes, Raymond
47. Tariq, Khwaja Khusro MD
48. Trainor, Timothy
49. Valenti, Dominic
50. Whalen, Bernard – NYC 30(b)(6)l
51. Weiss, Steven
52. Witnesses Identified by Defendants
53. Witnesses Required to Authenticate Exhibits
54. Wittman, David
55. Woodruff, Brian RN
56. Yeager, Robert
B. City Defendants’ Witnesses11

1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11
12
13

Witness to be offered in the City Defendants’
Case in Chief12
Michael Marino
William Gough
Gerald Nelson
Kurt Duncan
Timothy Trainor
Theodore Lauterborn
Frederick Sawyer
Christopher Broschart
Timothy Caughey
Shantel James
Elisa Hanlon
Joseph Cuiffio, M.D.
Jean Delafuente

Testimony in Person
or by Deposition
In person
In person
In person
In person
In person
In person
In person
In person
In person
In person
In person
In person
In person

11

Pursuant to the Court’s individual practices, this list includes only witnesses that may be called in the
City Defendants’ case-in-chief. The City Defendants reserve the right to call at trial any witness listed by
any other party, and any individual or entity who is a party at the time of filing of this JPTO, whether or
not that party remains a party at the time of trial. This witness list is contingent on the court’s rulings
before and after trial and the development of the evidence at trial. The listing of a witness is not a
concession that the witness may be properly called by another party in all parts of the trial or for all
purposes. Defendants reserve the right to not call listed witnesses or to supplement this witness list in the
future. City Defendants reserve the right to designate the deposition testimony of any witness who is
unavailable for trial. A motion for bifurcation of the trial into a main phase and Monell phase is pending,
and certain witnesses may be called only in the Monell phase of the trial. The City Defendants reserve the
right to offer deposition testimony in lieu of in person testimony insofar as permitted by the Federal Rules
of Civil Procedure, and reserve the right to use deposition testimony on cross-examination.
12

To the extent that the witness was not identified as a witness in the defendant’s disclosures, plaintiff
objects to the designation of such a witness.

14

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36

Witness to be offered in the City Defendants’
Case in Chief12
Rasheena Huffman
Catherine Lamstein
Alroy Scott
David Cagno
William Meyer
Marie Devino
Hertzl K. Sure, M.D.
Grigorly Bardash
Kevin Sinclair
Robert Krohley
Marc Cruz
Russell Thatcher
Michael Barbara
John Beirne
Alan Cooper
Michael Brill
Joseph Esposito
Cynthia Watson
Aetna Inc. (by a representative)
Catherine Stayton
John Flynn
Louis W. Luciani
Larry Schoolcraft

37
38
39
40
41

Linda Nevels
Robert O’Hare
Thomas Hanley
Arthur Sadowsky
Alex Perez

Testimony in Person
or by Deposition
In person
In person
In person
In person
In person
In person
In person
In person
In person
In person
In person
In person
In person
In person
In person
In person
In person
In person
In person
In person
In person
In person
In person (by deposition if
not made available)
In person
In person
In person
In person

C. Defendant Mauriello’s Witnesses13,14
Joseph J. Albanese, NYPD
Fadil Astor, NYPD
Michael Barbara, NYPD
Sgt. Bonilla, NYPD

13

Defendant Mauriello reserves the right to call any other witnesses listed by any other party to this
action during his case in chief depending on trial developments.

14

To the extent that the witness was not identified as a witness in the defendant’s disclosures, plaintiff
objects to the designation of such a witness.

15

P.O. Bonhomete
Curtis Boston, NYPD
Richie Braun, NYPD (retired)
Michael Brill, NYPD
Christopher Broschart, NYPD
Robert Brower, NYPD
Anthony Caggiano, NYPD
Daniel Carion, NYPD
Monique Carter, NYPD
Timothy Caughey, NYPD
P.O. Chan, NYPD
Wayne Chu, NYPD
Shawn Charlson, NYPD
Dr. Joseph Ciuffo, NYPD
Alan Cooper, NYPD
Thomas Crawford, NYPD
John Crisalli, NYPD
Mary Cronin, NYPD (retired)
Robert Deck, NYPD
Jean Delafuente, NYPD
Brandon Delpozo, NYPD
Marie Devino, NYPD
Kurt Duncan, NYPD
Kevin Finnegan, NYPD
William Gaspari, NYPD
Edgar Gonzalez, NYPD
William Gough, NYPD
Keith Green, NYPD
David Grossi, NYPD (retired)
Lieut. Scott Hacker, NYPD
Dr. James Halfpenny
Emily Harris, NYPD
Raymond Hawkins, NYPD
Tony Herbert
Glenda Hollaman, NYPD
Rasheena Huffman, NYPD
Thomas Karakis
Sgt. Robert Krohley, NYPD
Dr. Catherine Lamstein
Lieutenant Lee, NYPD EIU
Dirya Lewis, NYPD
Louis Luciani, NYPD
Michael Marino, NYPD
Rafael Mascol, NYPD
William Meyer, NYPD

16

Michael Miller, NYPD
Gerald Nelson
Larry Nikunen, NYPD
Sylvia Nowacki, NYPD
Kathleen O’Connor, NYPD
Lera Potts
Dr. Propper, NYPD
Michael Purpi, NYPD
Roy Richter, NYPD
Yadira Rodriguez, NYPD
Douglas Rolston, NYPD
P.O. Rudy, NYPD
Salvatore Sangeniti
Antoinette Santana, NYPD
P.O. Scandol
Larry Schoolcraft15
Julie Schwartz
Alroy Scott, NYPD
Shaundel Seymour, NYPD
Wendell Seymour, NYPD
Kimberly Smith, NYPD
Carol Stremoyer
Ted Stretmoyer
Raymond Stukes, NYPD
Dr. Herzel Sure
Jason Surillo, NYPD
Daryl Sweeney
Butch Thompson
Dominic Valenti, NYPD
Pelocka Binns, NYPD
Steven Weiss, NYPD
David Wittman, NYPD
D. Defendant Jamaica Hospital Medical Center’s Witnesses16
a. Dr. Khin Mar Lwin
b. Dr. Vinod Dhar
c. Dr. Khwaja Kurso Tariq
d. Dr. Renata Slowik
15

If plaintiff does not agree to produce Larry Schoolcraft to testify at trial, the City Defendants will seek a
missing witness charge and the Court’s permission to read portions of his deposition transcript, to be
designated.

16

To the extent that the witness was not identified as a witness in the defendant’s disclosures, plaintiff
objects to the designation of such a witness.

17

e. Dr. Silas Nwaishianyi
f. Dr. Javaldia Yazdani
g. Dr. Shushan Hovanesian
h. Nurse Amy Marie Phillips
i. Nurse Vimalyn Calderona
j. Nurse Glenda Ledbetter
k. Nurse Nadia Rinehart
l. Nurse Sharon Barnaby
m. Nurse Dante Fabunan
n. Nurse Brian Woodruff
o. Nurse Michael Calise
p. Ms. Christine McMahon
q. Salvatore Sanginetti
r. Jessica Marquez
s. Dr. Robert Levy
t. Defendant JHMC reserves the right to call any and all additional witnesses noticed by
the other parties
E. Defendant Aldana-Bernier’s Witnesses
Dr. Lilian Aldana-Bernier
Catherine Lamstein, PhD
Dr. Indira Patel
Dr. KhinLwin
Dr. Khwaja Tariq,
Dr. IsakIsakov
Dr. Laurence Tancredi
F. Defendant Isakov’s Witnesses
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.

Isak Isakov, M.D., in person
Frank Dowling, M.D., in person.
Dr. Lilian Aldana-Bernier, in person
Dr. Indira Patel, in person
Dr. Khwaja Tariq, in person
Dr. Vinot Dhar, in person
Christine McMahon, in person.
Dr. Silas Nwaishianyi, in person
Sgt. Wayne Chu, in person
Defendant Isakov reserves the right to call any other witnesses listed by any other
party to this action during our case in chief depending on trial developments.

18

ix.

Designation of Deposition Testimony17

A. City Defendants’ Designations
See footnote 11.
B. Defendant Jamaica Hospital Medical Center’s Designations
The following deposition testimony may be offered for Jamaica Hospital’s defense:
a. Dr. Khin Mar Lwin
b. Dr. Vinod Dhar
c. Salvatore Sanginetti
d. Jessica Marquez
e. Adrian Schoolcraft
f. Dr. Isak Isakov
g. Dr. Lilian Aldana-Bernier
h. Elise Hanlon
i. Dr. Indira Patel
j. Dr. Catherine Lamstein
k. Defendant JHMC reserves the right to utilize any and all additional deposition
testimony offered by the other parties
C. Defendant Isakov’s Designations
The defendant Isak Isakov may offer portions of the deposition testimony of the
following in his case in chief:
a.
b.
c.
d.
e.
f.
g.
h.

Adrian Schoolcraft
Lilian Aldana-Bernier, M.D.
Dr. Catherine Lamstein
Indira Patel, M.D.
Vinod Dhar, M.D.
Adrian Schoolcraft
Larry Schoolcraft
Defendant Isakov reserves the right to utilize any and all additional deposition testimony
offered by the other parties

Plaintiff objects to the “designations” by Defendant Isakov of “portions” of these
depositions on the ground that the designation is insufficient to frame an objection. To the extent
the designation is of the entire deposition transcript, the plaintiff objects on FRE 403 grounds of
17

The City Defendants request that plaintiff make Larry Schoolcraft available to testify at trial. If
plaintiff will not or unable to produce Larry Schoolcraft to testify at trial, then the City Defendants will
present his testimony by deposition, and will designate such testimony if plaintiff refuses to produce the
witness, reserving all other remedies with respect to Larry Schoolcraft.

19

a waste of time. To the extent that the designation is of Defendant Isakov’s own testimony or
that of witness identified with a co-defendant, plaintiff objects on the ground that the party
should be required to testify live or not at all, that unavailability has not been established and that
the evidence is hearsay.
x.

Exhibit Lists

A. Plaintiff’s Exhibit List18
PTX
1
2
3
4
5

Description
Lauterborn Memo 10-31-09 (PDX 16)
Fitness for Duty Report 10-31-09 by Lauterborn (PDX 24)
Fitness for Duty Report by Broschart (PDX 134)
Brown Letter to Mauriello 3-1-09 (PDX 22; PMX 8; PDX 57))
Command Disciplines Issued to Schoolcraft in 2009 (PMX 9; PDX
168)

Objections19
**
**
**
*
*

7
8
9
10

Schoolcraft Report 8-20-09 to IAB re Caughey and Weiss (PDX 40;
PMX 15)
Schoolcraft Performance Evaluations (PMX 1)
Schoolcraft Report, dated 9-2-09 (PMX 14; PDX 58)
Schoolcraft Sick Report 10-31-09 (PDX 26)
Schoolcraft Monthly Activity Logs (PMX 5; PDX 21)

*
*
*
**

11

Schoolcraft Memo to Mauriello 9-2-09 re request to appeal (PDX 13)

*

12
13
14
15
16

Crime Numbers for October 31, 2009 (POX 45)
Cagno Report 9-2-09 re Schoolcraft Report (NYC 4316-19)
Yeager Memo Book (NYC 3724-26)
Caughey Memorandum, dated 10-19-09 (PMX 17)
IAB Log on Menacing (POX 57)
Handwritten Notes of Queens DA Interview of Lauterborn 10-13-11
(PDX 23)

*
*

6

17

*

18

These exhibits, recordings and other evidence are being identified in the list subject to redaction on
relevancy or undue prejudice grounds or in accordance with the defendants’ objections to the
admissibility of certain portions therein and/or in accordance with the Court’s evidentiary rulings at and
before trial.

19

Defendants object to those of plaintiff’s exhibits that have not been sufficiently identified, in which
case no asterisk is listed. Should these exhibits later be identified and admitted into evidence over
objection, defendants reserve the right to supplement their own exhibit or witness lists in response to the
additional evidence.

20

18
19
20
21
22
23
24
25
26
27
28
29

31
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49

Memo on Huffman Interview by QAD (NYC 5183-5184)
Notice Placing Schoolcraft on Restricted Duty (NYC 3005 & 3010)
Report to IAB by Duncan (POX 7)
Lamstein Handwritten Notes (PDX 29) (D000282-87)
Schoolcraft W-2s for 2005-2008
Hertzel Sure, M.D. Records (to be subpoenaed)
Forest Hills Medical Record (to be subpoenaed)
Huffman Roll Call (PDX 64)
Huffman Interview Memo by Scott (PDX 63)
Event Timeline (PDX 39)
Operations Incident Report 10-31-09 (PDX 27)
Schoolcraft Memo Book (PDX 44) (D00189-238)
Schoolcraft Memo Book for 8-11-09 to 10-31-09 (PDX 45) (NYC
8614-55)
Intentionally Deleted
IAB Campisi reprimand of Mauriello 10-28-08 (PDX 49)
Roll Call Transcripts on Mauriello (PDX 50)
Gough Investigative Report 2-12-10 (PDX 99)
Intentionally Deleted
Yeager ESU Report 11-1-09 (NYC 3723)
Performance Monitoring Memo on Schoolcraft 10-14-09 (PDX 59)
Mauriello Memo on Performance Monitoring (PDX 60)
Roll Call by Huffman 10-12-09 (PDX 64)
Command Log for 81st Precinct on 10-31-09 (PDX 62)
IAB Investigative Findings 2-13-13 (PDX 37)
Intentionally Deleted
911 Sprint Report for 10-31-09 (PDX 66)
Lamstein File on Schoolcraft (PDX 68)
Report by BNIU (PDX 76)
Aided System Search Report (PDX 80)
911 Sprint Report for 10-31-09 (PDX 81)
BNUI Email re Upstate Visits (PDX 82)

50

Caughey Report to IAB re Schoolcraft Benefits Application (PDX 89)

51

IAB Report on Caughey Report on Schoolcraft (PDX 91)
BNUI Report on Gough and Duncan Upstate Trip on 1-20-10 (PDX
95)

30

52
53

Trainor Report on Request to Mauriello to Seal Schoolcraft’s Lockers
(PDX 97)
21

*
**
*

*
*

*

*
**
*
*
*
*

54

BNIU Report on Gough and Duncan Upstate Trip on 2-12-10 (PDX
99)

56

BNIU Report on Certified Mailing of Notice to Schoolcraft on 6-1710 (PDX 101)
Intentionally Deleted

57

Duncan Report to IAB 10-31-09 re Schoolcraft Suspension (PDX 114) *

58
59
60
61

James Memo Book for 11-1-09 (PDX 117)
Leader Herald Article on Schoolcrafts (PDX 126)
BNIU Report on Duncan et al upstate trip on 1-13-10 (PDX 138)
Devino Fax of Appeal Request 6-24-10 (PDX 153)

62

Activity for 81st Precinct Police Officers: Arrests, Summons and 250s
(PDX 161)

55

63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85

IAB Summary of Patrol Guide on Investigations (PDX 166) (NYC
12656-58)
QAD Report (PDX 169) [redacted]
IAB Report (PDX 170) [redacted]
Confidential Attorney Eyes Only Productions filed under seal (PMX
16; PMX 144 & 170; PDX 169)
Lamstein Notes (PMX 22; PDX 29)
Intentionally Deleted
Intentionally Deleted
IAB Memo on Nelson (POX 6)
Intentionally Deleted
Memo by BNIU (POX 15; PDX 82)
Intentionally Deleted
Intentionally Deleted
Operation Report (POX 27; PDX 27)
911 Sprint Report (POX 28; PDX 66)
ESU Report (NYC 3535; part of POX 30)
Scott Memo, dated 11-3-09 (POX 33)
Mollen Commission Report (excerpts) (POX 36)
Intentionally Omitted
IAB Police Corruption Report (POX 38)
Intentionally Deleted
Charges and Specification and Mailing (POX 43)
Roll Call Transcripts (POX 58; PDX 50)
Schoolcraft Oath of Office, dated 7-1-02 (D00001)

22

*

*
*
*

*

*
*
*
*

*
*

86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
150
151
152
154
155
155
156
157
158
159
160
161
162
163
200
201
202
203

Expense Report for 12-11-09 trip to Johnstown (425 miles) (D001763)
Request for Hostage Negotiation Team 10-31-09 at 21:35 for
barricaded EDP (NYC 2285-87)
Intentionally Deleted
Intentionally Deleted
Intentionally Deleted
Intentionally Deleted
Sadowski Memo Book (NYC 3707-09)
Arbitration Opinion and Award (NYC 12475-12502)
Charges and Specification (POX 8)
Schoolcraft Memo Book (POX 22; PDX 45)
Broschart Memo Book (PDX 135) (D505-507)
Property Voucher for Keys (PDX 136)
Photo of Hospital (PDX 118)
Photo of Hospital (PDX 119)
Photo of Hospital (PDX 120)
Hospital Nursing Notes (PDX 121)
Intentionally Deleted
Lwin Consultation Report (PDX 123)
Command Log for 81st Precinct for October 27, 2009
PG 205-56-Evaluation Procedures (PDX 6)
PG 205-48 MOS Evaluations
PG 205-07 – Monthly/Quarterly Rating System (PDX 15)
PG 202-15 – ICO duties (PDX 35)
PG 320-31 – ICO Assignment Process (PDX 36)
PG 202-09 – CO duties (PDX 56)
PG 205-18 Absent Without Leave (PDX 3)
PG 205-01 Reporting Sick (PDX 4)
PG 205-58-Appeal Procedures (PDX 5)
PG 216-05-EDP Rules (PDX 7)
PG 206-13 – Interrogation of MOS (PDX 158)
Performance Guide for NYPD Captain to Deputy Chief (PDX 159)
PG 205-238 (POX 34; PDX 163)
PG – Excessive Force Rules
JHMC Chart (PDX 69)
JHMC Policy on § 9.39 (PDX 70)
JHMC Policy re Restrictions on Visits, etc (PDX 72)
JHMC Policy – Psych Unit Rules (PDX 74)
23

*

*
*

*
*

*
*
*
*
*
*
*
*
*
*
*
*
*
**

204
205
206
207
208
209
210
211
212
213
214
215
216
217
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314

Nursing Note 11-1-09 2 am & 5:54 am (PDX 121)
JHMC ER Nursing Notes (from Chart)
PCR Report (darker version) (PDX 125)
JHMC Emergency Admission Procedures (PDX 130)
Memo (POX 16; PDX 92)
JHMC Policy of Use of Restraints (PDX 152)
Section 9.39 Form Signed by Bernier and Isakov (PDX 171)
Jamaica Hospital Medical File or Chart (PMX 69; PDX 69)
Emergency Admission Form (PMX 38; PDX 171)
Jamaica Hospital Manual (PMX 39; PDX 70)
Form 9.39 executed by Dr. Bernier and Dr. Isakov (POX 19; PDX
171)
Intentionally Deleted
JHMC Restraint Policy (POX 49)
Form 9.39 (POX 54; PDX 171)
Home Invasion Recording and Transcript20,21
Google Maps Screen Shots (POX 31)
Photos: Schoolcraft Allowed to Handle Guns after Gun Removal
Lauterborn-L. Schoolcraft Recording and Transcript
Appeal Meeting 2-25-09 Recording
Photos – 81st Precinct (PDX 61)
Lauterborn-Schoolcraft Recording re Reporting Retaliation
Photo of Gurney (PDX 120)
IAB Report on Menacing 10-31-09
Mascol-Schoolcraft Reporting re Activity; CD # 70/Lt. Mascol
Audacity_Cut_Watch_20Feb2009_LtMascol.wav
Photos of Schoolcraft Lockers (PDX 142)
Compact Disc with Recordings (PMX 11)
Conversation with Huffman (excerpts from 10-31-09 recording)
CD of Recordings (POX 5)
Ferrara Recording re Rat Upstate

20

The transcripts of various recordings are being provided and/or identified without prejudice to the rights
of the plaintiff to provide further information about the content of the recordings by testimony, exhibits,
or other evidence, including enhancement on the recordings or portions thereof.

21

The City Defendants object to the use of any modified or “enhanced” recording on the grounds, inter
alia, of lack of authenticity and on the grounds that no such modified or enhanced recordings have been
provided to defendants.

24

315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
400
401
402
403

Photos of JHMC – JLS 190, 191,202, 205, 206, 252, 260, 261, 299,
320
O’Hare NYPD Upstate Visit; WS.331M11December2009_NYPD_JPD_Harrassment.wma
Compstat Video 9-20-07 (CD #17); 10-12-09 (CD #12) (POX 44)
IAB Conversation 9-2-09
Handcuffs – Silver
Intentionally Deleted
Handcuffs – Black
Voice Message by Lamstein 10-31-09- (CD# 1 DS500011) & (CD #
61; DS.50_31OCTOBER2009_Dr. Lamstin_IAB_6NOV2009
Diagram of Apartment

*

Johnstown PD – PO Millias Visit 12-7-09; CD # 71
WS.33M_7Dec09_1740hrs_JohnstonPoliceDept_P.O.Millian_No.
1.WMA
Photos of the 81st Precinct – JLS 0050, 70, 75, 108, 109
Photos of the Glendale House – JLS 348, 349
COMPSTAT Video – Numbers and Activity
COMPSTAT Video re Halloween Night
Photo of Olympus Record
Yeager Interview – CD # 5
Home Surveillance Videos – CD # 22
Home Surveillance Videos – CD # 32
Intentionally Deleted
Intentionally Deleted
District Surgeon Meeting on 4-4-09 WS.331M_Saturday_4APRIL2009_DistrictSurgeon1Lefrak
O’Hare Banging on Door 12-11-09 – CD # 71
Roll Call Excerpts
Schoolcraft Tape Recordings – CD # 90 Copy of Schoolcraft CD
Marino CPI (PDX 8)22
Marino IAB Resume (PDX 11)
Mauriello PG Tr. 8-11-10 (PDX 47)
Marino PG (PDX 1)

22

*
*

Exhibits in the 400 series are identified as impeachment exhibits and by identifying these exhibits
plaintiff is not stating that there are all the impeachment documents that may be used at trial and plaintiff
reserves the right to use other documents for impeachment purposes as well as for rebuttal.

25

404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431

Mauriello Floyd Tr. 4-2-13 (PDX 48)
Caughey PPI (PDX 38)
Mauriello History (iPro) (PDX 54)
Mauriello IAB Resume (PDX 55)
Caughey PG Transcript (PDX 33)
Lauterborn PG Transcript 8-11-10 (PDX 18)
Marino Floyd TC (PDX 2)
Mauriello Tr. in Floyd v City of New York (PMX 35; PDX 48)
Quota Memo for Sergeant Lurch re Arbitration
Lamstein Intake Forms and Notes
NYPD PES File Documents (PDX 68)
Lamstein Declaration
Lamstein Errata Sheet
Lamstein Interview Summary (NYC 4556-58)
Mauriello Affidavit (Dkt # 358), dated 12-22-14
Mauriello Affidavit (Dkt. # 385), dated 2-12-15
Marino Command Discipline 11-24-10 (NYC D 00452-53)
Decision on Marino Charges (NYC 12965-13095)
Scott Background Check on Marino (PDX 10)
Team Leader Case Review (PDX 107)
Lauterborn IAB Transcript (POX 4; PDX 18)
Caughey IAB Transcript (POX 23; PDX 33)
Mauriello PG Transcript (POX 25; PDX 47)
Lauterborn Interview Memo re 9-17-09 Interview (NYC 5786-89)
Yeager Interview Memo (NYC 6023-24)
Scott Report of James Interview (PDX 122)
Lamstein-Schoolcraft Meeting on 10-27-09 – CD # 65
WS.331M_27OCTOBER2009_3rdAppt-1Lefrak_Dr. Lamstein
Lamstein-Schoolcraft Meeting on 7-27-09 – CD # 67
DS.50_27JULY2009_MONDAY_Dr.Lamstein_SecondOrderedAppea
rance

26

*
*
*

*

*
*
*
*
*
*

*
*
*

B. City Defendants’ Exhibit List23,24
Ex.
No.
A-1

Bates Number(s)
or Other
Information

Description
Removal of Shield, Full Duty Identification, and
Firearms

D000039

Objections25,26

**

23

Pursuant to the Court’s individual practices, this list includes only exhibits that the City anticipates
offering into evidence in its case-in-chief. The City Defendants reserve the right to offer and/or use at
trial any exhibit listed by any other party, whether or not the party remains a party at the time of trial. The
listing of an exhibit is not an admission that an exhibit is admissible if offered by any other party, or that
it is relevant and admissible for all parts of the trial or for all phases or purposes at trial. Defendants
reserve the right to not use listed exhibits or to supplement this exhibit list in the future. This exhibit list
is contingent in part on the Court’s rulings before and after trial and the development of the evidence at
trial. A motion for bifurcation of the trial into a main phase and Monell phase is pending, and certain
exhibits may be offered only in the Monell phase of the trial. The City Defendants reserve the right to
offer certain exhibits in redacted form.
24

Plaintiff objects to the Defendants’ Exhibits on the ground that the City Defendants produced
documents for the first time in this litigation without providing the plaintiff with an adequate opportunity
to review and object to the documents identified or mentioned by the City Defendants. After discovery
had long closed, on July 3, 2015, the City Defendants produced over 500 pages of documents (NYC
14451-14952) and refused to provide any explanation about where those documents can from. On August
11, 2015, the City Defendants produced over 200 new pages of documents (NYC 14963-15146) and
refused to consent to an adjournment of the pre-trial order deadline. In addition, the defendants
repeatedly peppered the plaintiff with new exhibit list and additions to their witness in the days and hours
leading up to the filing deadline. Finally, when plaintiff suggested that the parties meet and confer over
the various issues and objections arising from all the trial exhibits, the defendants informed the plaintiff
that they were going to be filing the “joint” pre-trial order unilaterally. Although the plaintiff has
pending an application to adjourn the pre-trial order deadline, we are submitting this document without
prejudice.
25

Plaintiff’s specific objections under the Federal Rules of Evidence are asserted based on a citation to
the applicable Rule of Evidence. Thus “403” is an objection on the ground that the exhibit or evidence
should be excluded on the grounds set forth in Rule 403 of the Federal Rules of Evidence. Since plaintiff
was denied an adequate opportunity to review the City Defendants’ and Mauriello’s Exhibits and the
defendants declined the opportunity to meet and confer over the evidentiary issues arising from the
numerous trial exhibits identified by the parties, plaintiff is not yet in a position to stipulate to the
authenticity of those defendants’ trial exhibits or otherwise waive any objection to these exhibits.
Plaintiff does not intend to waive any objection merely because other specific objections have been made.
Nor does plaintiff intend to limit the plaintiff’s motion in limine, either by inclusion or exclusion of any
objection herein.

26

It is the City Defendants’ position that, because plaintiff has failed to make any specific objections to
the City Defendants’ exhibits, plaintiff has waived any and all objections.

27

A-2

Restricted Duty Medical Order

D0296-0297

A-3

Property Receipt -Discontinuance of Service

D00037

A-4
A-5

Return of Firearm
Online Performance Evaluation

A-6

IA08-39664

A-7

Personnel Profile -- Monitoring Sum.

A-8

Adrian Schoolcraft Personnel Profile

D00035
D000002-4
NYC0001038889
NYC00003222
NYC000027272748

B-1

Voucher for Schoolcraft Weapons – Restricted
Duty P610230
IAB Log 8/31/09

B-2

Notice Amendment of Charges

B-3

Notice Amendment of Charges

B-4
B-5

Charges/Specifications
Charges/Specifications

C-1

Online Perf. Evaluation Syst.

C-2

Online Perf. Evaluation Syst.

C-3

Online Perf. Evaluation Syst.

C-4

Online Perf. Evaluation Syst.

C-5

PO Monthly Perf. Reports

D-1

81 Pct. UF250 Reports

D-2

81 Pct. 2007 Arrest Activity

D-3

81 Pct. 2007 C - Summons Activity

D-4

81 Pct. 2008 UF250 Activity

D-5

81 Pct. 2008 C - Summons Activity

D-6

81 Pct. 2008 Arrest Activity

D-7

81 Pct. 2009 UF250 Activity

A-9

28

NYC00002857
NYC00004303
NYC0000388082
NYC0000387779
D000239
D000240
NYC000033213323
NYC000033193320
NYC0000262729
NYC0000263032
NYC000026332672
NYC0001220710
NYC0001221114
NYC0001221518
NYC0001221922
NYC0001222326
NYC0001222730
NYC0001223134

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**
**
**
**
**
**
**
*
*
*
*
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**
**
**
**
**
**
**
**
**
**
**

E-3

IAB Log#09-41517

E-4
E-5
E-6
E-7
E-8
E-9

IAB call Out Report #09-4441
Inv. Off. Report
Inv. Off. Report
Inv. Off. Report
Inv. Off. Report
Inv. Off. Report

E-10

PBBN Inv. Report

E-11
E-12
E-13
E-14
E-15
F-1
F-2
F-3

Inv. Report
Inv. Report
PBBN Inv. Report
Inv. Off. Report
Inv. Off. Report
Restoration of Duty Letter
Restoration of Duty Letter
Restoration of Duty Letter

NYC0001223538
NYC0001223942
NYC11653-676
NYC00003242
M09-1973, Tape
30A
NYC0000445960
NYC00004357
D001908-09
D001891-92
D001885
D001878
D001877
NYC0000411516
D001867
D001868
D001865
D001845-46
D001826-27
D001610
D001611
D001582

G-1

Jamaica Hospital Certified Medical Records

NYC3587-3700

G-2

Dr. Hertzl Sure Medical Records
Certification of Medical Records by Dr. Hertzl
Sure

NYC2288-2351

D-8

81 Pct. 2009 Arrest Activity

D-9

81 Pct. 2009 C - Summons Activity

D-10 Officer Activity Reports – Schoolcraft
E-1
NYPD Voucher #K319299 (gun)
IAB recording of interview of Adrian Schoolcraft
E-2
at his residence

G-3

G-4

G-5

NYC014966

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**
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**
**
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**
**

Deposition Exhibits – Photos Exs. F-J

29

**

NYC00007545,
47, 50, 56 & 58

NYPD Psychological Evaluation File and Related
Documents

D000247-262;
D00268-275;
D00281-316;
NYC02950-2991;
NYC00013444;
NYC0013445-47;
NYC00014920

**

NYC 00007546NYC00007560

G-6

Photos of Schoolcraft Apartment

G-7

Supervisor's Complaint Report Command
Discipline Election Report

G-8

Schoolcraft Memo book

G-9

North Shore/Forest Hills Medical Records

G-10 Department of Veterans Affairs Medical Records

H-1

Hi Point Firearms

NYC0000285354
NYC000086148656
NYC2432-2445
NYC2352NYC2431
http://www.hipointfirearms.co
m/Hi-Pointcarbines/9MM_C
arbine.html
NY14967-14972

H-2

Hi-Point Carbine rifle vouchered as evidence

H-4

Photos of Hi-Point Carbine Rifle equipment,
receipt, recording device, etc.
Recording Device Receipts

I-1

Online Performance Evaluation 2005-2006

I-2
J-1
J-2
J-3
J-4
J-5

IAB M#09-197/Log#09-41517
Compstat Meeting Video
Compstat Meeting Video
Compstat Meeting Video
Compstat Meeting Video
Compstat Meeting Video

J-6

Schoolcraft Recording of Precinct Tour of Duty
on 10/31/2009

H-3

J-7

J-8

Schoolcraft Recording of Telephone Call with
Larry Schoolcraft on 10/31/2009 at Schoolcraft's
Apartment

Schoolcraft Recording of Telephone Call with
Larry Schoolcraft on 10/7/2009

30

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**
**
**
**

**
**

NYC1086410910
AS10001-10003
NYC14448NYC14449
NYC00005924
NYC VIDEO 14
NYC VIDEO 15
NYC VIDEO 16
NYC VIDEO 17
NYC VIDEO 19
DS.50_31OCTO
BER2009_DayTo
ur_Lt.Caughey_m
enacing_went_Sic
k..WMA
DS.50_31OCTO
BER2009_Home
_1640_hours.
DS.50_DownLoa
d_6NOV2009
(Recording by
Schoolcraft
beginning “7

**
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**

**

**

October 2008
9:38 am” from
time 0:00 to
23:00)

J-9

IAB Recording of Interview of Adrian
Schoolcraft at Hospital 11/2/2009

NYC011898

J-10

IAB Recording of Interview of Adrian
Schoolcraft, Larry Schoolcraft, Hospital
Personnel, 11/4/2009

NYC07565

**

**
WS.331M_28OC
TOBER2009_WE
DNESDAY_Sgt.
Devino_PBBN_P
ersonel
**
DS.50_31OCTO
BER2009_Dr.La
mstein_VoiceMes
sage
**

J-11

Schoolcraft Recording of Meeting with Marie
Devino on 10/28/2009

J-12

Schoolcraft Recording of Message Left by Dr.
Lamstein on 10/31/2009

K-1

Level I - Performance Monitoring re PO
Schoolcraft

K-2

Schoolcraft 2007 complaint re Lt. Jones, ICO 81st NYC012204Pct
12205

**

K-3

NYPD Legal Bureau Bulletin, Vol 40, No. 2,
November 2010 “Amendment to New York State
Labor Law Section 215-a, Commonly Referred to
as the Quota Bill”

NYC014963NYC-14965
**

April 10, 2006 Schoolcraft Complaint Re Forced
Overtime

Produced by
Plaintiff Without
Bates Number

Summons & Complaint Larry Schoolcraft v.
County of Montgomery, 2008-432 (4/5/08)

NYC01497314977

Summons & Complaint, Larry Schoolcraft v. Fort
Worth, Plaintiff’s Original Petition and First
Amended Petition, Court of Appeal Documents

NYC 0000344887

L-3

Discipline re Substantiated Retaliation Claims

NYC00012827

L-4

Q.A.D. Investigations Resulting in
Recommendation of Discipline

NYC0014978NYC014979

K-4

L-1

L-2

31

D000062

**

**

**

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**
*

M-1
M-2
M-3
N-1

N-2

Memo Re Retrieval of Firearm from PO
Schoolcraft's residence

NYC0000445960

**

Crime Complaint Reporting System Reference
Guide, December 2004
Sprint Report 10/31/2009

NYC00015093NYC00015146
D001567-68

**
**

Videotape of 2/3/2010 NYPD visit to Schoolcraft
Apartment, 3:46 pm, 3:47 pm, 3:52 pm
Videotape of 12/31/2009 In-Person Notification
to Schoolcraft by Lt. Hudnell, 3:06 pm, 3:07 pm

File Names:
“M2U0017” and
“M2U0018”
File Names:
“M2U0079” and
“notification by
Lt. Hudnell”

**

**

N-3

PG 203-03 - General Regulations (compliance
with orders)

NYC14980

N-4

PG 203-10 – Public Contact - Prohibited
Conduct

NYC-1498114982

N-5

PG 205-38 - Investigation of Incidents of
Retaliation Against Members of the Service

N-6

PG 205-58 - Appeal of Evaluation

N-7

PG 206-06 Service and Disposition of Charges
and Specifications

NYC00014983NYC00014985
PG000701PG000702
NYC0001498990

N-8

PG 207-21 - Allegations of Corruption and
Serious Misconduct

NYC015169015170

**

N-9

PG 212-08 - Command Operations ( Activity
Logs)

NYC014986014988

**

N-10

IAB Guide 620-14 - Programmatic Review
Program

NYC01499114996

**

PG 207-07 - Complaints (preliminary
investigation of complaints other than vice related
or narcotics complaints, dated 1/01/2000;
-Interim Order No. 36 dated 9/10/2001;
N-11
-Interim Order No. 36-1, S.01 dated 10/17/2002;
-Interim Order No. 38 dated 8/15/2003;
-Interim Order No. 1 dated 1/10/2005;
-Interim Order No. 36 dated 6/28/2007

NYC01514715168

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**

**

32

O-1
O-2

A Forensic Manual for Directors of Community
Services for Mental Hygiene Law

NYC01499715088

Photographs of Firearm Found in Schoolcraft’s
apartment

NYC01508915092

**
**

C. Defendant Mauriello’s Exhibit List27
Description

Objections

1. 2009 1031 - 104 Radio transmission re checking AS plates NYC00003289

*

2. 2009 1031 - 104th Pct radio run summaries - NYC00002818
3. 2009 1031 - 2010 02 03 -- AS Description of Events- NYC 0001218912203 (to limited extent of admissions made)
4. 2009 1031 81st Pct Command Log - entire day - NYC00003560-70
5. 2009 1031 81st Pct Command Log- NYC 00003567
6. 2009 1031 81st Pct Scheduled Roll Call roster- NYC 00011854-5
7. 2009 1031 911 Calls - Location Analysis – NYC 00003552, 2772-3, 28167, 3257
8. 2009 1031 AS Fitness For Duty Report Broschart- D001682
9. 2009 1031 AS Fitness Report by TL- NYC 00002858
10. 2009 1031 Brooklyn North Duty Sheet- NYC 00011797-9
11. 2009 1031 Broschart activity log- D000505-7
12. 2009 1031 Cambria memo book- NYC 2286-7
13. 2009 1031 Hostage Negotiating Team Request- NYC 2285
14. 2009 1031 IAB log re: notification of AS suspension- NYC 00004027
15. 2009 1031 Incident record timeline - radio NYC00002772-3
16. 2009 1031 PO Krohley memo book- D001533-5
17. 2009 1031 Lamstein notes- D000252-7
18. 2009 1031 Lauterborn notes- NYC 00004220-4
19. 2009 1031 Lauterborn Unusual Incident Report- D000094-8
20. 2009 1031 Offenses in 81 and 104 on 10-31-09- NYC 00011908
21. 2009 1031 Operations Division Incident Report- NYC 00003577-81
22. 009 1031 Property clerk invoice for keys- NYC 8412
23. 2009 1031 recording- entry into AS apartment

*

27

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*
*

Pursuant to the Court’s individual practices, this list is intended to include only exhibits defendant
Mauriello may seek to offer into evidence in his defense-in-chief to plaintiff’s claims. Some may be used
only for impeachment purposes.

33

24. 2009 1031 recording- Lamstein call and voicemail to AS
25. 2009 1031 recording- AS Day Tour 0658 to 228
26. 2009 1031 recording- AS tcall with LS in apartment
27. 2009 1031 recording- PG of Sgt Huffman and PO Rodriguez
28. 2009 1031 Scanlar memo book- D001530-2
29. 2009 1031 Schoolcraft Sick Report- NYC 00002860-1
30. 2009 1110 Property Clerk invoice for shotgun NYC00003254
31. 2009 1110 Property Guide 604-07- NYC 8413-7
32. 2009 0114 Memo re Mascol 1-13-09 meeting with AS - AS10028 and
Pl0091
33. 2009 0203 AS 2008 record viewed- NYC 14609-617
34. 2009 0220 AS conv with Mascol to set up eval mtg 35. 2009 0225 AS memo book entry by Delafuente - D0000191
36. 2009 0225 AS recording of evaluation mtg
37. 2009 0225 AS duplicate recording of evaluation meeting
38. 2009 0317 AS records reviewed -NYC 14668-9
39. 2009 0817 PBA counsel ltr to AS re appeal- unstamped (plaintiff’s
production)
40. 2009 1028 AS recording of Devino Mtg
41. 2009 1028 Devino note to AS re how to appeal on AG 314-11unstamped (plaintiff’s production)
42. 2009 1028 PG re appeal w Devino notes- unstamped (plaintiff’s
production)
43. 2009 0203 AS Command Discipline Late and Improper dress in court D000083
44. 2009 0315 AS CD - off post with Chan- D000081-2
45. 2009 0909 AS CD for perf on TS- D001692-3
46. 2009 1024 Sgt Meyer CD to AS re failure to notify child abuse squadNYC 02853-4
47. 2009 1028 CD re PBBN- NYC 00002855-6
48. 2002 0701 Schoolcraft NYPD Officer Oath City Clerk- D00001
49. 2007 1215 AS 2007 Performance Evaluation – D000067-9
50. 2007 1231 AS 2007 activity- NYC 00014818
51. 2008 01-12 AS Monthly Performance Reports - D000099-138
52. 2008 0319 AS personnel profile report- NYC 00014678-89
53. 2009 0317 AS Activity History - NYC 00014668-9
54. 2009 0427 AS 2008 Perf Eval - printed 42009 signed 4-27-09 – NYC
00002627-29

34

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55. 2009 0930 AS 2008 Perf Eval - printed 090809 signed 093009unstamped (plaintiff’s production)
56. 2009 1014 AS Level I Perf monitoring memo to SM- D000062
57. 2009 1025 SM memo to Perf Analysis section re AS Level I MonitoringD000063
58. 2005 0823 Endorsements AS FMLA Hardship leave- D000024
59. 2008 06 JHMC Emergency Admission Procedures Dept of Psychiatryunstamped, plaintiff’s dep. ex. 130
60. 2009 03 or 04 Medication Profile - NYC 2293
61. 2009 03 or 04 Progress Notes - NYC 2350
62. 2009 0305 AS NYPD sick report - NYC14917
63. 2009 0305 Dr. Sure letter excusing AS from work- NYC 2331
64. 2009 0305 Dr. Sure Progress Notes and Physical Exam form- NYC 23456
65. 2009 0305 Dr. Sure Px -– NYC 0000291
66. 2009 0403 AS Med Rec Forest Hills ER- NYC 2432-45
67. 2009 0404 AS NYPD sick report and 4-14 follow-up- NYC 00014915
[WAITING FOR PLAINTIFF’S PRODUCTION OF 0404 RECORDING.]
68. 2009 0406 Dr. Sure letter excusing AS from work- NYC 2326
69. 2009 0406 Lab report issued 4-17- NYC 2314-7
70. 2009 0413 AS PES Authorization to Use or Release Personal Health
Information- NYC 00003008-9
71. 2009 0413 Dr. Ciuffo Referral to Dr. Lamstein and Consultation reportD 000313
72. 2009 0413 Dr. Sure Progress Notes- NYC 2344
73. 2009 0413 Dr. Sure Px for AS- NYC 2322
74. 2009 0413 Fitness for Duty Interview Form- NYC 00003006-7
75. 2009 0413-15 Lamstein deposition excerpts pp. 181-212
76. 2009 0413-15 Lamstein notes- NYC 00002992-2997
77. 2009 0414 Dr. Lamstein placement of AS on Restricted Duty and removal
of firearms and ID- D0000296-8
78. 2009 0414 Lamstein restricted duty notes & memo- NYC 00003005-11
79. 2009 0414 Property receipt for AS- D000019
80. 2009 0430 NYPD EIU record re AS interview- NYC 00013444
81. 2009 0522 AS revoke HIIPA auth Lamstein- NYC 00002906
82. 2009 0727 Lamstein notes of mtg with AS - D00292-93
83. 2009 0727 recording- Lamstein-AS second meeting
35

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84. 2009 0805 AS Change of Emergency Notification - First Copy- D 000018
85. 2009 0805 AS Change of Emergency Notification- Second Copy- NYC
00014706-7
86. 2009 1006 IAB memo re inquiry to Med Div re AS- NYC 00004489
87. 2009 1013 Dr. Propper note re Bonilla tc with LS- NYC 00002947
88. 2009 1027 recording- AS meeting with Lamstein89. 2009 1027 Lamstein notes of meeting and tcs with AS- NYC 00002902-5
90. 2009 1031 - AS Sick report worksheet with note re Huffman[?] call to
NYPD Sick Desk NYC00002860-1
91. 2009 1031 JHMC ePCR by Jessica Marquez- unstamped, plaintiff’s PX
65 and PX125
92. 2009 1031 Lamstein depo excerpts pp. 347-351
93. 2009 1031 Lamstein depo excerpts pp. 325-330
94. 2009 1031 Lamstein notes on post-entry- D000287
95. 2009 1031 Lamstein notes on pre-entry D000282-283
96. 2009 1101 JHMC Chart - unstamped, plaintiff’s PX 69
97. 2009 1101 JHMC Nursing Notes- unstamped, plaintiff’s PX121
98. 2009 1101 JHMC Psych Consultation Report- unstamped, plaintiff’s
PX123
99. 2009 1103 Notice of Status and Rights Creedmoor Psychiatric Centerunstamped, plaintiff’s PX131
100. 2010 1014 Lamstein notes- addendum D000284
101. 2010 1014 Lamstein depo excerpts pp. 347-351
102. 2008 1023 [C_____] Complaint Report with QAD Miscl Sheet- SM
0017-30

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103. 2008 1205 [O_____] Complaint Report with QAD Miscl sheet- SM
0041-60

*

104. 2009 0427 [D_______] Complaint Report with QAD Miscl Sheet- SM
009-0016

*

105. 2009 0427 Redacted Complaint Report with DD5- NYC 00011600-607
106. 2009 0513 Redacted Complaint report with DD5- NYC 00011616-618
107. 2009 0518 Redacted Complaint Report with DD5- NYC 00011619-621
108. 2009 0527 [M______] Complaint Report with QAD Miscl Sheet- SM
005-008
36

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109. 2009 0527 Redacted Complaint Report with DD5- NYC 00011596-599
110. 2009 0609 Redacted Complaint report with 2 DD5s- NYC 00011622625
111. 2009 0818 [L____] Complaint Report with DD5- SM 0031-40
112. 2009 1024 Redacted Complaint Report with 1-14-10 DD5- NYC
00011612-615

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113. 2009 1024 Redacted Complaint report with 10-30-09 DD5- NYC
00011626-628

*

114. 2009 1026 [J______] Complaint Report with QAD Miscl Sheet- SM
001-004

*

115. 2009 1026 Redacted Complaint report with 6-2-10 DD5- NYC
00011608-611

*

th

116. 2001 0831 77 Precinct award- SM 00359
117. 2002 0812 NYPD certificate of appreciation- SM 00360
118. 2003 1031 Promotion certificate- SM 00085
119. 2003 1031 Promotion plaque- SM 00354
120. 2003 77th Precinct Shomrim man of year plaque- SM 00385
121. 2005 0710 2005-06 evaluation- SM 00347-8
122. 2006 0607 perfect attendance certificate- SM 00056
123. 2006 0817 2005-06 evaluation- SM 00344-6
124. 2007 0624 certificate from IS 267- SM 00353
125. 2007 0717 2005-06 performance- SM 00349-50
126. 2007 0729 2006-07 evaluation- SM 00340-3
127. 2008 0218 81st precinct clergy community award- SM 00357
128. 2008 0331 SM commendation from Alicia Thomas- D 000816-7
129. 2008 0904 2007-08 evaluation- SM 00335-8
130. 2008 1031 SM plaque- promotion- SM 00356
131. 2008 1115 Meritorious duty certificate- SM 00087
132. 2009 0630 Assemblywoman Barron letter- SM 00088
133. 2009 0717 2008-09 evaluation- SM 00322-4
134. 2009 1016 plaque from Unity Democratic club- SM 00355
135. 2009 1020 Rep. Townes SM tribute- SM 00093-4
136. 2009 1231 PMI certificate- SM 00089
137. 2009 1231 PMI plaque- PX 140
138. 2010 0615 20 years service certificate- SM 00090
139. 2012 0919 2011-12 evaluation- SM 00327-9
140. 2013 0613 Perfect attendance cert- SM 00091
37

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141. 2013 0725 2012-13 evaluation- SM 00324-6
142. 2000 0101 PG 201-02 Hospitalized Prisoners
143. 2000 0101 PG 202-09 Commanding Officer
144. 2000 0101 PG 202-19 Training Sergeant
145. 2000 0101 PG 205-01 Reporting Sick PX4
146. 2000 0101 PG 205-18 Absent Without Leave PX3
147. 2000 0101 PG 206-02 Command Discipline
149. 2000 0101 PG 206-03 Violations subject to CD
149. 2000 0101 PG 206-05 Preparation of Charges and Specs
150. 2000 0101 PG 206-08 Suspension from duty
151. 2000 0101 PG 207-01 Complaint Reporting System
152. 2000 0101 PG 207-09 Follow-Up Investigations of Complaint Already
Recorded
153. 2004 0319 PG 205-47 Temporary Removal of Firearms in NonDisciplinary Cases
154. 2005 0601 PG 320-13 Assignment of Command ICO
155. 2007 0921 PG 206-13 Interrogation of Members of the Service
156. 2007 0928 PG 216-05 'Mentally Ill or Emotionally Disturbed Persons
157. 2008 0125 PG 202-15 'Command Integrity Control Officer
158. 2008 0613 PG 205-48 Evaluations General Members of Service
159. 2008 0613 PG 205-56 PO Annual Evaluation
160. 2008 0613 PG 205-57 PO Performance Review and Rating PX15
161. 2008 0620 PG 205-58 Appeal of Evaluation- Uniformed Members of
Service Ex BU and PX%
162. 2008 1003 PG 206-17 Removal and restoration of Firearms
163. 2009 1028 AG 314.11 re Appeal
164. Photo of 81st Pct front (2)- unstamped (google image)
165. Photo of 81st Pct front- unstamped (google image)
166. Photo of 81st Pct side and parking- unstamped (google image)
167. Photo of 81st Pct side and Quincy Street- unstamped (google image)
168. Photos of plastic evidence bags NYC 10870-77
169. Photo of bullets - NYC 00010889, 10896-903
170. Photo of rifle tools and parts - NYC 00010890-1
171. Photo of leather pouch- NYC 00010885-8
172. Photo of 4 clips for rifle- NYC 00010892-5
173. Photo of Hi- Point Rifle- SM 00318
174. Photo of Hi- Point Rifle- unstamped
175. Photos of laser sight for rifle- NYC 00010883-84
176. Photo of Olympus Digital Recorder PX116
38

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177. Photo of Olympus Digital recorder –NYC 00010863-9
178 Photos of receipt and instructions for rifle - NYC 00010904-8
179. Photo of rifle bag, bullets, clips, laser sight, tools, receipt and pouch NYC 00010878-82
180. Photo of Schoolcraft's house exterior 82-60 88th Pl- unstamped (google
image)
181. Photo of Schoolcraft's street - 88th Pl- unstamped (google image)
182. Photo of Schoolcraft's street -- 88th Pl- unstamped (google image)
183. Photos of 81st Pct- unstamped PX61
184. Photos of AS apartment- NYC 7545, 7547, 7550, 7556, 7558
185. 2009 1015 IAB Scott WS#15 re attempts to contact AS- NYC 00004488
186. 2009 1016 IAB Scott WS#17 re efforts to contact AS- NYC 00004487
187. 2009 1019 IAB Scott WS #18 interview with AS- NYC 00004485-6
188. 2009 1031 IAB log - 1-7-10 copy - re notification of AS suspension- D
001983
189. 2009 1031 IAB log re Caughey and memo book- NYC 00004876-9
190. 2009 1102 IAB DeFabrizio IO Report re AS events – NYC 00004353-6
191. 2009 1102 IAB Brennan Report- NYC 4350-2
192. 2009 1102 IAB log re Caughey-AS memo book with copy of 2 pagesNYC 00004415-8
193. 2009 1102 IAB report of communications- NYC 00004330-6
194. 2009 1102 IAB Scott WS# 29 re: tc with AS- NYC 00004480-1
195. 2009 1103 IAB Scott WS #30 re: AS interview- NYC 00004478-9
196. 2009 1106 IAB Scott WS# 42 re: AS meeting in apartment- NYC
00004463-4

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nd

197. 2009 1109 IAB Scott WS# 44 re: 2 meeting at AS apartment- NYC
00004459-60

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198. 2010 0219 IAB Scott WS# 66 re: review of recordings- NYC 000044479
199. 2009 02 Memo book entry- D 000194
200. 2009 0225 Memo book entry- D 000201
201. 2009 0313 Memo book entry- D 000195
202. 2009 0315-16 Memo book entry- D 000196-7
203. 2009 0923 Memo book entry- D 000221
204. 2009 1004-1005 Memo book entry- D 000225
205. 2009 1013 Memo book entry- D 000226

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39

206. 2009 1014 Memo book entry- D 000237
207. 2009 1020 Memo book entry- D 000229
208. 2009 1020 Memo book entry- D 000230
209. 2009 1026 Memo book entry- D 000234
210. 2009 1028 Memo book entry- D 000206
211. 2009 1031 Memo book entry- NYC 00008654
212. 2009 81 officer crime stats- NYC12207-12242
213. 2009 0403 QAD-Cronin report of 81 audit 8-08 to 1-09- SM 00534-536
214. 2009 0902 Schoolcraft recording of conversation with IAB (Cagno)
(awaiting production by plaintiff)
215. 2009 0904 QAD audit documents- SM 00531- 3
216. 2009 0909 QAD memo re AS tele operator- NYC 00010401
217. 2009 0917 QAD Blondo IO Report WS#4 re attempt to contact AS- SM
00442
218. 2009 0923 QAD Spataro IO Report WS#5 re attempt to re-interview ASSM 00441
219. 2009 0928 recording- QAD/Brill tc with AS
220. 2009 0928 QAD Blondo IO Report WS#6 re contact with AS and gets
cell phone- SM 00440
221. 2009 1005 QAD Smester IO Report WS#7 re AS directed to appear at
QAD- SM 00439
222. 2009 1007 recording- AS edited recording of QAD meeting
223. 2009 1007 recording- AS unedited recording of QAD meeting with prior
tc with Larry Schoolcraft
224. 2009 1009 QAD Smester WS#9- sprint audit- SM 00436
225. 2009 1111 QAD Spataro IO Report WS#17 re AS approach of Deck
with related log- SM 00419-421
226. 2006 0118 NYPD Memo re quota Arbitration ruling- NYC 0012503-5
227. 2006 0410 AS report to Brower 'Forced Overtime'- NYC 00012206
228. 2007 0611 AS report to Brower - Lt Jones Misconduct- NYC 000122045
229. 2007 0901 Amended quota bill eff 9-1-07- NYC 00012506-7
230. 2007-2009 - 81 summaries of 250s, arrests and c summonses NYC00012207-NYC00012242 (3)
231. 2008 Screenshots of AS roll call recording folders by month
232. 2008 1108 AS allegation re jail incident - NYC 00010468-77
233. 2009 0327 Receipt for digital recorder- unstamped, plaintiff’s production

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234. 2009 0424 AS FOIA request – unstamped (plaintiff’s production)
235. 2009 0930 AS Change of Phone number form - D000017
236. 2009 1019 ICO Memo to all Roll Call Personnel- unstamped (plaintiff’s
production)
237. 2009 1030 Lauterborn transfer- NYC 0010699
238. 2009 1101 Larry Schoolcraft tc with IAB
239. 2009 1104 AS and Larry Schoolcraft meeting with IAB and JHMC
representatives
240. 2009 FrontEnd_Memo_Lt.Mascol- unstamped (plaintiff’s production)
241. 2009 Instruction for DS-50 recorder- SM motion exhibit DG
242. NYPD Legal Bureau Bulletin, Vol 40, No. 2, November 2010
“Amendment to New York State Labor Law Section 215-a, Commonly
Referred to as the Quota Bill” NYC014963-NYC-14965 (SM Ex. BW in
opposition to plaintiff’s summary judgment motion)

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D. Defendant Jamaica Hospital Medical Center’s Exhibit List

1
2
3

Description
The Jamaica Hospital chart for Adrian Schoolcraft
The records maintained by Dr. Catherine Lamstein as they
pertain to Adrian Schoolcraft

Objections

The records maintained by Dr. Hertzel Sure as they pertain to
Adrian Schoolcraft

Defendant JHMC reserves the right to utilize any and all additional exhibits offered by
the other parties.
E. Defendant Aldana-Bernier’s Exhibit List

1
2
3

Description
Jamaica Hospital Medical Center Record (10/31/09-11-6-09)
Records of Catherine Lamstein, PhD
Records of Hertez Sure, M.D.

Objections

F. Defendant Isakov’s Exhibit List
In addition to the below, Defendant Isakov reserves the right to utilize any and all
additional exhibits offered by the other parties

41

Ex. No.

Description

IKV-1

Full Certified Records of Jamaica Hospital Medical Center
for Adrian Schoolcraft for October 31, 2009 through
November 6, 2009, Bates stamped by NYC as NYC3587
through NYC3700.

IKV-2

Records of Dr. Catherine Lamstein, Bates stamped by NYC
as D000247 through D000262; D000268 through D000275;
D000281 through D000316.

IKV-3

Records of Hertzel Sure, M.D., Bates stamped by NYC as
NYC2288 through NYC 2351, with certification of the
records Bates stamped NYC014966

IKV-4

Deleted

IKV-5

Recording designated PO Schoolcraft, 081 Pct 11.04.09
MSV, produced as NYC 00007565. This is the Interview
with Adrian Schoolcraft, Larry Schoolcraft, Internal Affairs,
the social worker and Dr. Isakov that took place at Jamaica
Hospital Medical Center on or about 11/04/09.

IKV-5a

The certified transcript of the interview marked as ISK-5 that
was used in our reply papers in the summary judgment
motions

Dated: August 14, 2015
New York, New York

SO ORDERED:

By: ________________________________
HON. ROBERT W. SWEET, U.S.D.J.

42

Objections