Schoolcraft v. The City Of New York et al

Filing 500

DECLARATION of Alan H. Scheiner in Support re: 498 MOTION in Limine To Preclude Plaintiff From Offering Certain Evidence at Trial.. Document filed by Christopher Broschart(Tax Id. 915354 in his official capacity), Christopher Broschart(Tax Id. 915354 Individually), 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), Shantel James(Shield No. 3004 in his official capacity), Shantel James(Shield No. 3004 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 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G (Under Seal), # 8 Exhibit PTX 4, 6, 13, 16, 18, 22, 25, 26, 29, 30, 33, 34, 35, 40, 42, 46, 49, 50, 51, 52, 53, 54, 55, 57, 59, 60, 62, 64, 65, 66, 72, 84, 93, 95, 306, 308, 309, 314, 316, 400, 401, 402, 403, 406, 407, 408, 409, 420, 421, 426, 427 (Under Seal), # 9 Exhibit PTX 79, # 10 Exhibit PTX 81 (Part 1 of 2), # 11 Exhibit PTX 81 (Part 2 of 2), # 12 Exhibit PTX 404, # 13 Exhibit PTX 410, # 14 Exhibit PTX 411)(Thadani, Kavin)

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EXHIBIT A 1 1 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------X ADRIAN SCHOOLCRAFT, 3 PLAINTIFF, Case No: 10 Civ. 6005 -against- 4 (RWS) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 THE 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 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”), 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. --------------------------------------------------X 22 23 DATE: October 11, 2012 24 TIME: 10:20 A.M. 25 (Continued ...) DIAMOND REPORTING (718) 624-7200 1 info@diamondreporting.com 2 1 2 DATE: October 11, 2012 3 TIME: 10:20 A.M. 4 5 VIDEOTAPED DEPOSITION of the 6 7 Plaintiff, ADRIAN SCHOOLCRAFT, taken by the 8 Respective Parties, pursuant to a Notice and 9 to the Federal Rules of Civil Procedure, held at 10 the offices of the New York City Law Department, 11 100 Church Street, New York, New York 10007, before 12 Nathan MacCormack, a Notary Public of the State of 13 New York. 14 15 16 17 18 19 20 21 22 23 24 25 DIAMOND REPORTING (718) 624-7200 2 info@diamondreporting.com 54 A. SCHOOLCRAFT 1 reports, I never -- it was just work. 2 of the numbers. 3 Q. So you don't know? 4 A. Not in my memory. 5 Q. I didn't keep track So no? MR. NORINSBERG: 6 Objection. 7 A. "No" to what? 8 Q. You don't know how many summonses you have 9 10 issued? A. To the best of my memory, I don't. 11 it's on record, though. 12 I believe somewhere. 13 14 Q. I believe the data is there, Have you ever issued a summons without probable cause? 15 A. No. 16 Q. Has anyone ever told you to issue a summons, even 17 18 if you did not have probable cause? A. There were -- when Deputy Inspector Mauriello 19 took over the 81st Precinct, shortly after that, there 20 became a term that officers used, they were "Mauriello 21 specials." 22 and then he would grab an officer to assign as the 23 arresting officer. 24 25 These referred to collars that he would grab, I believe I was -- I was involved in those a couple times. They had -- if you didn't meet the arrest DIAMOND REPORTING (718) 624-7200 54 info@diamondreporting.com 55 A. SCHOOLCRAFT 1 quotas, they put you on a -- to the best of my memory, it 2 was called "losing prop." 3 have a certain number of arrests were -- they would have a 4 tour change for that day. And all the officers that didn't And he would send special units out to grab johns 5 6 off the street or other arrests, and Mauriello himself was 7 involved in the collars. 8 assign that officer that arrest that he supposedly 9 observed, as probable cause. 10 Q. Okay. He would pull an officer and But I asked you, specifically, if you had 11 personally ever issued a summons to someone without 12 probable cause? MR. NORINSBERG: 13 14 A. Objection. If I issued a summons without witnessing it, I 15 believe -- to the best of my memory, I would have 16 documented it on the summons or the arrest paperwork as to 17 who the officer was. 18 myself as the assigned officer on the arrest paperwork. 19 20 21 Q. And I would designate -- designate Were you trained to issue summonses if you did not have probable cause? A. If the instruction received -- the unofficial -- 22 I would consider unofficial training, the roll calls we 23 were instructed to lock people up and articulate a charge 24 later. 25 instruction from a supervisor, yes. I would consider those some form of training, as DIAMOND REPORTING (718) 624-7200 55 info@diamondreporting.com 56 A. SCHOOLCRAFT 1 2 Q. Now, you said "lock people up." That would be an arrest, correct? 3 A. Correct. 4 Q. I am asking specifically about summonses, so I 5 ask that you please confine your answers just with 6 summonses. 7 without probable cause? 8 9 A. Have you been trained to issue summonses It's difficult for me to discern the difference between the two. Summonses are issued in lieu of an 10 arrest. Summonses specifically, I believe -- I don't 11 recall any exact incident. But again, I know there are recordings that 12 13 probably state that; summonses, arrests, 250's, what they 14 deemed activity. 15 Q. And these recordings, you recall them stating 16 that a summons should be issued, even in the absence of 17 probable cause? MR. NORINSBERG: 18 Objection. 19 A. That's how I took some of the instructions. 20 Q. Have you ever personally observed another officer 21 issue a summons, without probable cause? 22 A. It's hard to go back to and give an exact time 23 and date. 24 Q. How many times? 25 A. It's hard to approximate how many times. But yes, I have seen it. DIAMOND REPORTING (718) 624-7200 56 There's info@diamondreporting.com 57 A. SCHOOLCRAFT 1 one incident that I observed from beginning to end that 2 involved Deputy Inspector Mauriello, himself. 3 two young men waiting outside of a bodega for their 4 sisters, and Inspector Mauriello pulled up in his car. I observed 5 Two police officers and a lieutenant came out, 6 and Deputy Inspector Mauriello ordered then to be cuffed 7 and searched. 8 precinct and issued them a summons. And they arrested them, took them to the 9 Q. Where were you during this incident? 10 A. I was standing right there. 11 Q. You weren't involved in the arrests? 12 A. No. 13 Q. Where were you standing exactly? 14 A. Ten feet away. 15 Q. And you were watching the men outside, before 16 17 Defendant Mauriello arrived? A. Yeah. I saw them from when they came down the 18 street. 19 outside for them. 20 Q. The girls went inside the bodega and they waited Do you know if Defendant Mauriello had received 21 any phone calls from the bodega before arriving at the 22 scene? MR. NORINSBERG: 23 Objection. 24 A. I am not aware of that, no. 25 Q. Do you know what the summonses were issued for? DIAMOND REPORTING (718) 624-7200 57 info@diamondreporting.com 61 A. SCHOOLCRAFT 1 A. I don't know if I did, specifically. But I was 2 aware other officers that wanted overtime would have to 3 adhere to the policy in order to explain how they could 4 have that overtime. 5 Q. But you personally, do you, sitting here today, 6 recall ever losing overtime for failing to issue a certain 7 number of summonses? 8 A. 9 overtime. 10 11 12 Q. As I sit here today, I don't recall losing What officers did you observe lose overtime for failing to issue a certain number of summonses? A. I don't recall any specify officer. I just 13 recall that that was the general -- if an officer wanted 14 overtime, they would have to explain it. 15 was overtime, I recall being addressed by supervisors. 16 was understood. And when there It The number was "two and two"; two summonses and 17 18 two 250's. If the officer made a collar, they wanted the 19 -- the supervisor wanted that collar, that arrest to be 20 250'd. 21 do the summonses. 22 phrase. And I think they -- you still weren't required to But it was "two and two," that was the 23 Q. When you say "two and two," what do you mean? 24 A. Two summonses, two 250's, two stop, question and 25 frisks. DIAMOND REPORTING (718) 624-7200 61 info@diamondreporting.com 62 A. SCHOOLCRAFT 1 Q. Per month? 2 A. Per that overtime, per when you are -- that 3 4 mandated overtime, or if you requested it. Q. So if I understand you, an officer who was given 5 overtime, was required to issue two summonses and make two 6 arrests during that overtime shift? MR. NORINSBERG: 7 8 A. As a minimum, yes. 9 Q. Objection. At a minimum. MR. NORINSBERG: 10 I think you misjudged. He said two - 11 12 MS. PUBLICKER: 13 MR. NORINSBERG: 14 summonses and two 250's. 15 MR. COHEN: 16 MR. NORINSBERG: No, but he said two He said it two times. He said it two times, then you rephrased it the wrong way. 17 MS. PUBLICKER: 18 And then he said "yes." I am sorry if I misphrased it, but -- 19 MR. NORINSBERG: 20 Do you want to clarify, Adrian? 21 THE WITNESS: 22 23 He just said yes. Q. What was the question? When you say "two and two," you are saying -- if 24 I misstated you, then -- two summonses and two 250's, or 25 two summonses and two arrests per overtime shift? DIAMOND REPORTING (718) 624-7200 62 info@diamondreporting.com 63 A. SCHOOLCRAFT 1 A. Two summonses and two 250's, two and two. 2 Q. Okay. 3 4 5 6 7 8 9 10 11 What happened if they did not make that two and two during their overtime shift? A. I don't believe they would -- they would not be able to ask for overtime anymore. Q. Can you name a single person who was subject to that policy? A. Not specifically. But I believe you can -- the overtime is documented very well. You could see a pattern of certain officers that have become dependent on overtime. Q. But have you ever seen an officer be refused 12 overtime because they did not hit the quota policy for 13 summons, you referred to earlier? 14 A. I don't specifically -- I don't specifically 15 recall any officer or exact time. 16 knowledge. 17 18 19 20 Q. But that was general Did you ever suffer a tour change as a result of failing to issue a certain number of summonses per month? A. No. I don't -- I was on the same tour for -- maybe three years straight. 21 Q. 22 penalty? 23 A. Do you observe another officer suffer that I don't recall any specific officer. But I 24 recall officers getting in trouble. 25 to their desired tour, they would have to produce summonses DIAMOND REPORTING (718) 624-7200 63 In order to get back info@diamondreporting.com 64 A. SCHOOLCRAFT 1 and arrests, more. 2 Q. 3 you mean? 4 A. 5 6 7 When you say was "officers in trouble," what do A command discipline; in trouble, any numerous reasons, violations or misconduct of the patrol guide. Q. Are these unrelated to the summons quota policy you have referred to? 8 A. What do you mean, "unrelated"? 9 Q. So as I understand what you are stating, is that 10 officers would get in trouble, in some way, receive a 11 command discipline for a violation of department rules and 12 they would have their tour changed. And then in order for them to make it back to 13 14 their preferred time, the original tour, they would have to 15 issue a certain number of summons; is that correct? 16 A. Correct. 17 Q. To -- so it's not that the officers had a tour 18 change because they failed to meet the quota policy that 19 you referred to, but that they had to make more summonses 20 in order to go back to the original tour? MR. NORINSBERG: 21 22 A. Objection. There were instances like that. But I believe 23 there were officers that had tour changes, vacation days 24 denied, overtime denied, based on the illegal quota policy. 25 Q. Can you name one officer who that happened to? DIAMOND REPORTING (718) 624-7200 64 info@diamondreporting.com 65 A. SCHOOLCRAFT 1 A. I don't -- I can't recall any specific officer, 2 but -- or one specific time. 3 you don't get overtime if you don't pay the rent; you don't 4 get your days off granted if you don't pay the rent. 5 you get in trouble, you have got to pay more rent. 6 Q. But it was general knowledge, If Would anything refresh your recollection as to an 7 officer who had his tour changed because of the quota 8 policy? MR. NORINSBERG: 9 10 11 12 A. Objection. There might be recordings or documents that I haven't seen that could refresh -- it's possible. Q. Are there any that you have seen in the past, but 13 don't have in front of you, that would refresh your 14 recollection? MR. NORINSBERG: 15 16 A. 17 possible. 18 Q. Objection. 19 20 To the best of my memory, I haven't. But it's Were you ever denied vacation days as a result of failing to issue a certain number of summonses? A. Whether -- there were vacation picks. I never 21 had a vacation pick denied, and I -- it was such general 22 knowledge that, if you are not paying the rent, you are not 23 going to be granted a day off when you request it. 24 25 So I don't recall me, myself specifically, being denied a day off. But it was general knowledge. DIAMOND REPORTING (718) 624-7200 65 That was info@diamondreporting.com 66 A. SCHOOLCRAFT 1 2 3 4 5 6 one of the -Q. Can you name a single officer who was denied a day off because of failing to meet the quota policy? A. I don't specifically recall a name or a specific time when an officer told me or I overheard. Q. During the point in time when you were receiving 7 acceptable performance evaluations, were you issuing the 8 number of summonses necessary to meet the de facto summons 9 policy? MR. NORINSBERG: 10 11 A. Objection. Again, I wasn't keeping track of -- I was going 12 out there and answering calls, whatever my duty was for 13 that tour. 14 and arrests I was doing. I never kept track of the number of summonses If I had an arrest, I processed the arrest. 15 16 if I was assigned to court, I went to court. 17 detail I was part of, I just -- I didn't keep track of 18 that. 19 Q. And 20 21 And whatever We need to take a break now to change the tape and the recording. THE VIDEOGRAPHER: The time is 11:48 a.m., 22 this is the end of tape one. 23 the record. 24 25 We are going off (Whereupon, an off-the-record discussion was held, and a break was had.) DIAMOND REPORTING (718) 624-7200 66 info@diamondreporting.com 76 A. SCHOOLCRAFT 1 A. Officers are addressed at roll call. Again, 2 those roll calls are recorded, those statements are 3 recorded; some of them are. 4 5 Q. Have you ever personally observed another officer make an arrest without probable cause? 6 A. Yes. 7 Q. Who? 8 A. Specifically one incident, I think I said this 9 before, it was regarding the defendant, Tyrel, I don't 10 remember his last name. 11 Inspector Mauriello ordering the officers to cuff -- I 12 believe the term he used was "cuff them and search them." 13 14 15 Q. But it was the one that involved Besides that incident, have you ever observed another officer make an arrest without probable cause? A. Off the top of my head, I don't specifically 16 recall any one incident, other than that one. 17 of my memory right now, I don't remember another incident. 18 Q. To the best As of October 31, 2009, did you have any 19 knowledge of how many arrests officers in other precincts 20 were required to make? 21 A. I don't recall having any knowledge. 22 Q. Did you ever lose overtime to for failing to 23 issue a certain number of arrests? MR. NORINSBERG: 24 25 A. Objection to the form: Did I ever lose -- sorry, what was the question? DIAMOND REPORTING (718) 624-7200 76 info@diamondreporting.com 77 A. SCHOOLCRAFT 1 2 Q. Did you ever lose overtime for failing to make a certain number of arrests? 3 A. Probably. 4 Q. How many times? 5 A. I don't recall -- I don't -- I don't know any -- 6 I don't have a specific number. 7 Q. When did this happen? 8 A. If it happened, I am not -- I don't -- I don't 9 10 11 recall any specific date or time. Q. Do you have any proof of this, besides your statements here today? 12 A. Regarding the overtime? 13 Q. Yes. 14 A. I don't believe so. 15 Q. How do you know that you lost overtime for 16 failing to issue a certain number of arrests? 17 A. I don't believe I do know. 18 Q. Have you ever observed another officer suffer 19 20 that penalty? A. I don't remember any specific officer or time. 21 But I remember general conversations, officers that did 22 want overtime, if they didn't -- they didn't have enough 23 activity, they would be denied overtime. 24 Q. With whom did you have these conversations? 25 A. Again, I don't recall any specific officer or any DIAMOND REPORTING (718) 624-7200 77 info@diamondreporting.com 78 A. SCHOOLCRAFT 1 specific date. 2 Q. Did you record these conversations? 3 A. If it was, my attorneys would have that 4 5 6 7 recording. Q. Did you ever suffer a change of tour as a result of failing to make a certain number of arrests? A. With regards to the -- to the losing proposition, 8 that would be a -- that was a one time -- it would be for 9 one day. 10 Q. Have you ever observed another officer suffer a 11 change of tour as a result of failing to make a certain 12 number of arrests? 13 A. To the best of my memory, it was one -- it was 14 understood that that was one of the things, your tour would 15 be changed, eventually. 16 officer, at any specific time. 17 that's -- that unless the officer requested a tour change, 18 it was regarding activity. 19 20 Q. I don't recall any specific But it was understood that Were you ever denied vacation days as a result of failing to make a certain number of arrests? 21 A. I don't believe so, no. 22 Q. Have you ever personally observed any other 23 police officers who were denied vacation days from failing 24 to make a certain number of arrests? 25 A. To the best of my memory, I don't believe anyone DIAMOND REPORTING (718) 624-7200 78 info@diamondreporting.com 79 A. SCHOOLCRAFT 1 2 has ever been denied their vacation picks, no. Q. While you were assigned to the 81st Precinct, 3 were you aware of officers being required to make a certain 4 number of stop, question and frisks, or UF-250 forms? 5 6 7 8 A. What was that time frame again? The same question, you don't have to rephrase it. Q. While you were assigned to the 81st Precinct, okay, yes? 9 A. Please repeat the question. 10 Q. While you were assigned to the 81st Precinct, 11 were you aware of other officers being required to make a 12 certain number of stop, question and frisks, or UF-250's? 13 A. Yes. 14 Q. How many stops were officers required to conduct? 15 A. Again, it would depend on the officer, what unit 16 he is assigned with. 17 recall any specific number, but the recordings -- the 18 conversations, the roll calls, that did address the number 19 of 250's. 20 dates and people involved. 21 22 23 Q. Off the top of my head, I don't I believe I have recordings that state times and How many stops was a patrol officer required to conduct in the 81st Precinct? A. I don't recall ever being given a specific number 24 on 250's, other than the -- if you are assigned overtime, 25 it was two and two, two summonses, two 250's. DIAMOND REPORTING (718) 624-7200 79 I don't info@diamondreporting.com 84 A. SCHOOLCRAFT 1 question. 2 Q. 3 How many times did you request overtime but were denied? 4 A. I don't recall ever requesting overtime. 5 Q. Did you observe any other officers lose overtime 6 7 for failing to issue a certain number of 250's? A. I don't recall any specific officer or any 8 specific time. 9 pay the rent, you did not get what you asked for. 10 11 12 13 14 15 Q. But it was general knowledge, if you didn't Have you ever suffered a change of tour, as a result of failing to issue a certain number of UF250's? A. If you include the losing proposition collars, I would say yes. Q. How many times was your tour changed because you failed to issue a certain number of 250's? 16 A. I don't recall how many times. 17 Q. What was the certain number of 250's you were 18 required to issue, when you had your tour changed for 19 failing to reach that number? MR. NORINSBERG: 20 Objection. 21 A. What was that again? 22 Q. So you said that you did suffer a change of tour 23 for failing to issue a certain number of 250's; that is 24 correct? 25 A. That I stated what? DIAMOND REPORTING (718) 624-7200 84 info@diamondreporting.com

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