Schoolcraft v. The City Of New York et al

Filing 54

ANSWER to Amended Complaint. 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), Joseph Goff(Tax Id. 894025 Individually), Joseph Goff(Tax Id. 894025 in his official capacity), 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, Steven Mauriello(Tax Id. 895117 in his official capacity), Steven Mauriello(Tax Id. 895117, Individually), 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), New York City Police Department, Frederick Sawyer(Shield No. 2576 in his official capacity), Frederick Sawyer(Shield No. 2576, Individually), The City Of New York. Related document: 21 Amended Complaint,,,,,, filed by Adrian Schoolcraft.(Canfield, Donna)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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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
THEORDORE LAUTERBORN, Tax Id. 897840,
Individually and in his Official Capacity,
LIEUTENANT JOSEPH GOFF, Tax Id. 894025,
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, 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
his 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.
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NYPD DEFENDANTS’
ANSWER TO THE
AMENDED COMPLAINT
10 CV 06005 (RWS)

Defendants, DEPUTY CHIEF MICHAEL MARINO, ASSISTANT CHIEF
PATROL BOROUGH BROOKLYN NORTH GERALD NELSON, DEPUTY INSPECTOR
STEVEN MAURIELLO,
JOSEPH

GOFF,

LIEUTENANT

SGT.

CAPTAIN THEORDORE LAUTERBORN,
FREDERICK

CHRISTOPHER

SAWYER,

BROSCHART,

SERGEANT
SERGEANT

LIEUTENANT

KURT

DUNCAN,

SHANTEL

JAMES,

(collectively referred to as “NYPD defendants”), by their attorney, MICHAEL A. CARDOZO,
Corporation Counsel of the City of New York, as and for its answer to the Amended Complaint,
respectfully allege as follows:
1.

Deny the allegations set forth in Paragraphs “1” of the Amended Complaint

except admit that plaintiff purports to set forth a basis for the action.
2.

Deny the allegations set forth in Paragraphs “2” of the Amended Complaint

except admit that plaintiff purports to set forth a basis for the action.
3.

Deny the allegations set forth in Paragraph “3” of the Amended Complaint

except admit that plaintiff purports to invoke the jurisdiction of the Court as stated therein.
4.

Deny the allegations set forth in Paragraph “4” of the Amended Complaint

except admit that the venue of this court is appropriate.
5.

Deny the truth of the allegations set forth in Paragraph “5” of the Amended

Complaint, except admit that plaintiff purports to proceed as stated therein.
6.

Deny the allegations set forth in Paragraph “6” of the Amended Complaint

except admit that plaintiff self-identifies as a Caucasian male and is a citizen of the United States
and deny knowledge or information sufficient to form a belief as to plaintiff’s residence.

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7.

Deny the allegations set forth in Paragraph “7” of the Amended Complaint,

the City of New York (“City”) is a municipal corporation organized and existing under the
Constitution and laws of the State of New York.
8.

Deny the allegations set forth in Paragraph “8” of the Amended Complaint,

except admit that the New York City Police Department (NYPD) is an agency of the City of
New York and respectfully refer the Court to New York City Administrative Code §14-101 et.
seq. for a complete and accurate statement of the powers and duties of the New York City Police
Department (“NYPD”).
9.

Deny the allegations set forth in Paragraph “9” of the Amended Complaint

except admit that the Deputy Chief Michael Marino, Assistant Chief Patrol Borough Brooklyn
North Gerald Nelson, Deputy Inspector Steven Mauriello, Captain Theordore Lauterborn,
Lieutenant Joseph Goff, Sgt. Frederick Sawyer, Sergeant Kurt Duncan, Lieutenant Christopher
Broschart, Sergeant Shantel James are duly sworn police officers and at all times relevant herein
were acting in the performance of their duties.
10. Deny the allegations set forth in Paragraph “10” of the Amended Complaint
except admit that at the times relevant herein the NYPD defendants acted pursuant to their duties
with the NYPD.
11. Deny the allegations set forth in Paragraph “11” of the Amended Complaint
except admit that at all times relevant herein the NYPD defendants acted within the scope of
their employment.
12. Deny the allegations set forth in Paragraph “12” of the Amended Complaint
except admit that at all times relevant herein the NYPD defendants acted within the scope of
their employment.

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13. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “13” of the Amended Complaint except admit that, upon
information and belief, Jamaica Hospital Medical Center (“JHMC”) performs all functions of a
hospital.
14. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “14” of the Amended Complaint.
15. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “15” of the Amended Complaint.
16. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “16” of the Amended Complaint.
17. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “17” of the Amended Complaint.
18. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “18” of the Amended Complaint.
19. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “19” of the Amended Complaint.
20. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “20” of the Amended Complaint.
21. Deny the truth of the allegation set forth in the unnumbered Paragraph
beginning with “Plaintiff’s Exemplary Career. . . ” as set forth in the Amended Complaint.

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22. Deny the truth of the allegations set forth in Paragraph “21” of the Amended
Complaint except admit that plaintiff was appointed as probationary police officer on or about
July 1, 2002.
23.

Deny the truth of the allegations set forth in Paragraph “22” of the Amended

Complaint except admit that plaintiff is a United States Navy veteran.
24. Deny the truth of the allegations set forth in Paragraph “23” of the Amended
Complaint except admit that plaintiff served honorably in the United States Navy from 1993 to
1997.
25. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “24” of the Amended Complaint..
26. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “25” of the Amended Complaint except admit that plaintiff
was honorably discharged from the United States Navy.
27. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “26” of the Amended Complaint except admit that plaintiff
joined the NYPD in July 2002 and admit that plaintiff’s father was a police officer.
28. Deny the truth of the allegations set forth in Paragraph “27” of the Amended
Complaint except admit that plaintiff began working at the 81st Precinct in or about July 2003,
where he remained until October 31, 2009.
29. Admit the allegations set forth in Paragraph “28” of the Amended
Complaint.

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30. Deny the truth of the allegations set forth in Paragraph “29” of the Amended
Complaint except admit that plaintiff was a patrol officer on the 4:00p.m. to 12:00p.m. tour at the
81st Precinct.
31. Deny the allegations set forth in Paragraph “30” of the Amended Complaint.
32. Deny the allegations set forth in Paragraph “31” of the Amended Complaint
except admit that plaintiff received two commendations for his work as a police officer.
33. Deny the truth of the allegations set forth in Paragraph “32” of the Amended
Complaint except admit that plaintiff received a “Meritorious Police Duty” award.
34. Deny the truth of the allegations set forth in Paragraph “33” of the Amended
Complaint except admit that plaintiff received an “Excellent Police Duty” award.
35. Deny the truth of the allegation set forth in the unnumbered Paragraph
beginning with “Plaintiff Witnesses Enforcement . . .” as set forth in the Amended Complaint.
36. Deny the truth of the allegations set forth in Paragraph “34” of the Amended
Complaint.
37. Deny the truth of the allegations set forth in Paragraph “35” of the Amended
Complaint.
38. Deny the truth of the allegations set forth in Paragraph “36” of the Amended
Complaint.
39. Deny the truth of the allegations set forth in Paragraph “37” of the Amended
Complaint.
40. Deny the truth of the allegations set forth in Paragraph “38” of the Amended
Complaint except admit that Deputy Inspector Mauriello communicated to the members of the
service that they must be active police officers.

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41. Deny the truth of the allegations set forth in Paragraph “39” of the Amended
Complaint.
42. Deny the truth of the allegations set forth in Paragraph “40” of the Amended
Complaint except admit that Sergeant Stukes was assigned to the 81st Precinct and that he spoke
to the members of the service regarding activity levels.
43. Deny knowledge or information sufficient to form a belief as to what was
said by an unidentified Sergeant as set forth in Paragraph “41” of the Amended Complaint.
44. Deny knowledge or information sufficient to form a belief as to what was
said by an unidentified Sergeant as set forth in Paragraph “42” of the Amended Complaint.
45. Deny the truth of the allegation set forth in the unnumbered Paragraph
beginning with “Officers Were Being Instructed . . . ” as set forth in the Amended Complaint.
46.
47. Deny the truth of the allegations set forth in Paragraph “43” of the Amended
Complaint.
48. Deny the truth of the allegations set forth in Paragraph “44” of the Amended
Complaint.
49. Deny knowledge or information sufficient to form a belief as to what was
said by an unidentified Sergeant as set forth in Paragraph “45” of the Amended Complaint.
50. Deny the truth of the allegations set forth in Paragraph “46” of the Amended
Complaint.
51. Deny the truth of the allegation set forth in the unnumbered Paragraph
beginning with “NYPD Policy Making . . . ” as set forth in the Amended Complaint.

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52. Deny the truth of the allegations set forth in Paragraph “47” of the Amended
Complaint.
53. Deny the truth of the allegations set forth in Paragraph “48” of the Amended
Complaint except admit that three-star Chief Michael Scagnelli was the former Chief of
Transportation for the NYPD.
54. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “49” of the Amended Complaint except admit that
Lieutenant Delafuente was previously assigned to the 81st precinct.
55. Deny the truth of the allegation set forth in the unnumbered Paragraph
beginning with “Plaintiff Refuses to Comply . . .” as set forth in the Amended Complaint.
56. Deny the truth of the allegations set forth in Paragraph “50” of the Amended
Complaint.
57. Deny the truth of the allegations set forth in Paragraph “51” of the Amended
Complaint except admit that plaintiff was identified as being a poor performer.
58. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “52” of the Amended Complaint.
59. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “53” of the Amended Complaint except admit that the
NYPD defines “activity” to include, among others, the issuance of summonses and arrests.
60. Deny the truth of the allegation set forth in the unnumbered Paragraph
beginning with “Plaintiff Receives a Poor . . . ” as set forth in the Amended Complaint except
admit that plaintiff receives a poor evaluation and respectfully refers the Court to plaintiff’s

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Performance Evaluation for the rating period 12/15/2007 to 12/15/2008 for a complete and
accurate statement of the evaluation of plaintiff’s performance.
61. Deny the truth of the allegations set forth in Paragraph “54” of the Amended
Complaint except admit that plaintiff received a poor performance evaluation due to his low
activity.
62. Deny the truth of the allegations set forth in Paragraph “55” of the Amended
Complaint except admit that plaintiff received an overall rating of 2.5 and respectfully refers the
Court to plaintiff’s Performance Evaluation for the rating period 12/15/2007 to 12/15/2008 for a
complete and accurate statement of the evaluation of plaintiff’s performance.
63. Deny the truth of the allegations set forth in Paragraph “56” of the Amended
Complaint and respectfully refers the Court to plaintiff’s Performance Evaluation for the rating
period 12/15/2007 to 12/15/2008 for a complete and accurate statement of the evaluation of
plaintiff’s performance.
64. Deny the truth of the allegations set forth in Paragraph “57” of the Amended
Complaint and respectfully refers the Court to plaintiff’s Performance Evaluation for the rating
period 12/15/2007 to 12/15/2008 for a complete and accurate statement of the evaluation of
plaintiff’s performance.
65. Deny the truth of the allegations set forth in Paragraph “58” of the Amended
Complaint.
66. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Plaintiff Challenges His . . .” as set forth in the Amended Complaint except
admit that plaintiff appealed his 12/15/2007 to 12/15/2008 Performance Evaluation.

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67. Deny the truth of the allegations set forth in Paragraph “59” of the Amended
Complaint except admit that plaintiff informed his supervisors of his intention to appeal his
performance evaluation.
68. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “60” of the Amended Complaint except admit that plaintiff
reported to Dr. Lamstein that a poster was posted to his locker, which said in sum and substance
that “if you don’t like your job, get another one.”
69. Deny the truth of the allegations set forth in Paragraph “61” of the Amended
Complaint except admit that Sergeant Meyer is a Squad Sergeant at the 81st Precinct and deny
knowledge or information sufficient to form a belief as to whether Sergeant Meyer spoke to
plaintiff about his activity level.
70. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “62” of the Amended Complaint except admit that plaintiff
could improve future performance evaluations by being proactive and improving his activity.
71. Deny the truth of the allegations set forth in Paragraph “63” of the Amended
Complaint except deny knowledge or information sufficient to form a belief as to what plaintiff
informed Lt. Moascol.
72. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Defendants Attempt . . .” as set forth in the Amended Complaint.
73.

Deny the truth of the allegations set forth in Paragraph “64” of the Amended

Complaint except admit that there was a meeting with supervisors at the 81st Precinct to discuss
plaintiff’s performance evaluation.

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74. Deny the truth of the allegations set forth in Paragraph “65” of the Amended
Complaint except admit that there was a meeting with supervisors at the 81st Precinct to discuss
plaintiff’s performance evaluation.
75. Deny the truth of the allegations set forth in Paragraph “66” of the Amended
Complaint.
76. Deny the truth of the allegations set forth in Paragraph “67” of the Amended
Complaint. except admit that plaintiff was advised that his evaluation rating would be viewed
against the standard of his activity level.
77. Deny the truth of the allegations set forth in Paragraph “68” of the Amended
Complaint except admit that in discussing plaintiff’s evaluation rating his supervisors advised
that it was supported by his low activity.
78. Deny the truth of the allegations set forth in Paragraph “69” of the Amended
Complaint except admit that plaintiff could get a higher performance evaluation if he would
improve his activity.
79. Deny the truth of the allegations set forth in Paragraph “70” of the Amended
Complaint regarding plaintiff’s “sum and substance” allegations.
80. Deny the truth of the allegations set forth in Paragraph “71” of the Amended
Complaint.
81. Deny the truth of the allegations set forth in Paragraph “72” of the Amended
Complaint.
82. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “The NYPD’s Quota. . .” as set forth in the Amended Complaint and respectfully

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refer the Court to In the Matter of P.B.A. and City of New York, Case # A-10699-04 for a true
and accurate statement of the determination.
83. Deny the truth of the allegations set forth in Paragraph “73” of the Amended
Complaint and respectfully refer the Court to In the Matter of P.B.A. and City of New York,
Case # A-10699-04 for a true and accurate statement of the determination.
84. Deny the truth of the allegations set forth in Paragraph “74” of the Amended
Complaint and respectfully refer the Court to In the Matter of P.B.A. and City of New York,
Case # A-10699-04 for a true and accurate statement of the determination.
85. Deny the truth of the allegations set forth in Paragraph “75” of the Amended
Complaint and respectfully refer the Court to In the Matter of P.B.A. and City of New York,
Case # A-10699-04 for a true and accurate statement of the evidence presented.
86. Deny the truth of the allegations set forth in Paragraph “76” of the Amended
Complaint and respectfully refer the Court to In the Matter of P.B.A. and City of New York,
Case # A-10699-04 for a true and accurate statement of the evidence presented.
87. Deny the truth of the allegations set forth in Paragraph “77” of the Amended
Complaint and respectfully refer the Court to In the Matter of P.B.A. and City of New York,
Case # A-10699-04 for a true and accurate statement of the evidence presented.
88. Deny the truth of the allegations set forth in Paragraph “78” of the Amended
Complaint and respectfully refer the Court to In the Matter of P.B.A. and City of New York,
Case # A-10699-04 for a true and accurate statement of the evidence presented.
89. Deny the truth of the allegations set forth in Paragraph “79” of the Amended
Complaint and respectfully refer the Court to In the Matter of P.B.A. and City of New York,
Case # A-10699-04 for a true and accurate statement of the evidence presented.

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90. Deny the truth of the allegations set forth in Paragraph “80” of the Amended
Complaint and respectfully refer the Court to In the Matter of P.B.A. and City of New York,
Case # A-10699-04 for a true and accurate statement of the arbitrator’s determination.
91. Deny the truth of the allegations set forth in Paragraph “81” of the Amended
Complaint except admit that Michael Marino is the Deputy Chief of patrol Borough Brooklyn
North, which is where the 81st Precinct is located.
92. Deny the truth of the allegations set forth in Paragraph “82” of the Amended
Complaint.
93. Deny the truth of the allegations set forth in Paragraph “83” of the Amended
Complaint.
94. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Plaintiff Refuses. . .” as set forth in the Amended Complaint except admit that
plaintiff pursued the appeal of this evaluation.
95. Deny the truth of the allegations set forth in Paragraph “84” of the Amended
Complaint.
96. Deny the truth of the allegations set forth in Paragraph “85” of the Amended
Complaint except admit that plaintiff pursued the appeal of his evaluation.
97. Deny the truth of the allegations set forth in Paragraph “86” of the Amended
Complaint, except admit that a letter was sent by plaintiff’s counsel and respectfully refer the
Court to the writing for a true and accurate statement of its contents.
98. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Plaintiff’s Refusal. . .” as set forth in the Amended Complaint except admit that
plaintiff pursued the appeal of this evaluation.

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99. Deny the truth of the allegations set forth in Paragraph “87” of the Amended
Complaint.
100. Deny the truth of the allegations set forth in Paragraph “88” of the Amended
Complaint except admit that plaintiff failed to document in his memo book that he had left his
post and deny knowledge or information sufficient to form a belief as to whether plaintiff was
issued a reprimand.
101. Deny the truth of the allegations set forth in Paragraph “89” of the Amended
Complaint except admit that Lt. Caughey took plaintiff’s memo book back to the command.
102. Deny the truth of the allegations set forth in Paragraph “90” of the Amended
Complaint except admit that plaintiff contacted Captain Lauterborn.
103. Deny the truth of the allegations set forth in Paragraph “91” of the Amended
Complaint except admit that plaintiff requested that the fact that Lt. Caughey took plaintiff’s
memo book be reported.
104. Deny the truth of the allegations set forth in Paragraph “92” of the Amended
Complaint regarding plaintiff’s “sum and substance” allegations except admit that due to his
poor performance, Captain Lauterborn told plaintiff he would be subject to more supervision.
105. Deny the truth of the allegations set forth in Paragraph “93” of the Amended
Complaint.
106. Deny the truth of the allegations set forth in Paragraph “94” of the Amended
Complaint except admit that plaintiff was being monitored because of his low performance.
107. Deny the truth of the allegations set forth in Paragraph “95” of the Amended
Complaint except admit that plaintiff was placed on Performance Monitoring on or about

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October 2009 because of his low activity and respectfully refer the Court to the NYPD Patrol
Guide for details regarding Performance Monitoring.
108. Deny the truth of the allegations set forth in Paragraph “96” of the Amended
Complaint.
109. Deny the truth of the allegations set forth in Paragraph “97” of the Amended
Complaint.
110. Deny the truth of the allegations set forth in Paragraph “98” of the Amended
Complaint.
111. Deny the truth of the allegations set forth in Paragraph “99” of the Amended
Complaint.
112. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Defendants Attempt. . .” as set forth in the Amended Complaint.
113. Deny the truth of the allegations set forth in Paragraph “100” of the
Amended Complaint except deny knowledge and information sufficient to form a belief as to
whether Police Officer Chan was disciplined.
114. Deny the truth of the allegations set forth in Paragraph “101” of the
Amended Complaint.
115. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Defendants Escalate. . .” as set forth in the Amended Complaint except admit
that plaintiff is required to surrender his gun and shield.
116. Deny the truth of the allegations set forth in Paragraph “102” of the
Amended Complaint except deny knowledge or information sufficient to form a belief as to what
plaintiff allegedly heard from P.O Zucker.

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117. Deny the truth of the allegations set forth in Paragraph “103” of the
Amended Complaint.
118. Deny the truth of the allegations set forth in Paragraph “104” of the
Amended Complaint.
119. Deny the truth of the allegations set forth in Paragraph “105” of the
Amended Complaint except admit that plaintiff was referred to NYPD psychiatrist Dr. Catherine
Lamstein in or about April 2009 by NYPD police surgeon Dr. Joseph Cuffio.
120. Deny the truth of the allegations set forth in Paragraph “106” of the
Amended Complaint except admit that plaintiff disclosed that, among others, he was having
some work problems.
121. Deny the truth of the allegations set forth in Paragraph “107” of the
Amended Complaint except admit that plaintiff was required to surrender his gun and shield after
disclosing matters related to plaintiff’s health that led Dr. Lamstein to be concerned about
plaintiff’s psychological state.
122. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Plaintiff’s Appeal. . .” as set forth in the Amended Complaint.
123. Deny the truth of the allegations set forth in Paragraph “108” of the
Amended Complaint.
124. Deny the truth of the allegations set forth in Paragraph “109” of the
Amended Complaint.
125. Deny the truth of the allegations set forth in Paragraph “110” of the
Amended Complaint.

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126. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “111” of the Amended Complaint.
127. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Defendants Attempt. . .” as set forth in the Amended Complaint except admit
that plaintiff was assigned to the Telephone Switchboard as a result of being placed on
Restrictive Duty.
128. Deny the truth of the allegations set forth in Paragraph “112” of the
Amended Complaint except admit that plaintiff was reassigned to the telephone switchboard as a
result of being placed on Restrictive Duty.
129. Deny the truth of the allegations set forth in Paragraph “113” of the
Amended Complaint.
130. Deny the truth of the allegations set forth in Paragraph “114” of the
Amended Complaint.
131. Deny the truth of the allegations set forth in Paragraph “115” of the
Amended Complaint except admit that during his assignment to the telephone switchboard
plaintiff processed arrest paperwork.
132. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Plaintiff Reports. . .” as set forth in the Amended Complaint.
133. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “116” of the Amended Complaint.
134. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “117” of the Amended Complaint.

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135. Deny the truth of the allegations set forth in Paragraph “118” of the
Amended Complaint except admit that plaintiff contacted IAB by filing an Unusual Incident
Report (UF-49) involving Lt. Caughey.
136. Deny the truth of the allegations set forth in Paragraph “119” of the
Amended Complaint except admit that plaintiff made allegations in a report entitled “Corruption
Involving the Integrity Control Program of the 81st Precinct” and respectfully refer the Court to
the report for a true and accurate statement of its contents.
137. Deny the truth of the allegations set forth in Paragraph “120” of the
Amended Complaint except admit that plaintiff’s report was sent to Chief Charles V. Campisi,
Chief of the Internal Affairs Bureau.
138. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Plaintiff’s Superiors. . .” as set forth in the Amended Complaint.
139. Deny the truth of the allegations set forth in Paragraph “121” of the
Amended Complaint.
140. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “122” of the Amended Complaint.
141. Deny the truth of the allegations set forth in Paragraph “123” of the
Amended Complaint.
142. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Plaintiff Reveals. . .” as set forth in the Amended Complaint.
143. Deny the truth of the allegations set forth in Paragraph “124” of the
Amended Complaint except admit that plaintiff met with the Quality Assurance Division
(“QAD”) in or about October 2009 to discuss his allegations.

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144. Deny the truth of the allegations set forth in Paragraph “125” of the
Amended Complaint except admit that plaintiff was placed on Performance Monitoring on
October 14, 2009.
145. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “126” of the Amended Complaint.
146. Deny the truth of the allegations set forth in Paragraph “127” of the
Amended Complaint except admit that plaintiff was interviewed by IAB, Group I.
147. Deny the truth of the allegations set forth in Paragraph “128” of the
Amended Complaint.
148. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Plaintiff Continues. . .” as set forth in the Amended Complaint.
149. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “129” of the Amended Complaint.
150. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “130” of the Amended Complaint.
151. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “131” of the Amended Complaint.
152. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “On October . . .” as set forth in the Amended Complaint except admit that
plaintiff contacted IAB by filing an Unusual Incident Report (UF-49) involving Lt. Caughey.
153. Deny the truth of the allegations set forth in Paragraph “132” of the
Amended Complaint except admit that Lt. Caughey asked plaintiff for his memo book so that Lt.
Caughey could sign it.

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154. Deny the truth of the allegations set forth in Paragraph “133” of the
Amended Complaint except admit that Lt. Caughey made copies of the notes contained in
plaintiff’s memo book.
155. Deny the truth of the allegations set forth in Paragraph “134” of the
Amended Complaint.
156. Deny the truth of the allegations set forth in Paragraph “135” of the
Amended Complaint.
157. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Plaintiff Leaves Work . . .” as set forth in the Amended Complaint
158. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “136” of the Amended Complaint.
159. Deny the truth of the allegations set forth in Paragraph “137” of the
Amended Complaint except deny knowledge or information sufficient to form a belief as to the
reasons why plaintiff sought to leave work before the end of his tour.
160. Deny the truth of the allegations set forth in Paragraph “138” of the
Amended Complaint.
161. Deny the truth of the allegations set forth in Paragraph “139” of the
Amended Complaint except admit that after plaintiff left the precinct without permission he was
ordered back to the precinct.
162. Deny the truth of the allegations set forth in Paragraph “140” of the
Amended Complaint except admit that plaintiff contacted IAB.
163. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “141” of the Amended Complaint.

- 20 -

164. Deny the truth of the allegations set forth in Paragraph “142” of the
Amended Complaint except admit that plaintiff received a voicemail from Dr. Lamstein.
165. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “The NYPD Threatens . . .” as set forth in the Amended Complaint.
166. Deny the allegations set forth in Paragraph “143” of the Amended
Complaint, except admit that when plaintiff failed to respond to any of the inquiries made by the
NYPD to locate him defendant Lauterborn contacted plaintiff’s father to ascertain plaintiff’s
whereabouts.
167. Deny the truth of the allegations set forth in Paragraph “144” of the
Amended Complaint except admit that Captain Lauterborn spoke to Larry Schoolcraft who told
Captain Lauterborn that he had spoken to plaintiff.
168. Deny the truth of the allegations set forth in Paragraph “145” of the
Amended Complaint.
169. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Defendants Unlawfully Enter . . .” as set forth in the Amended Complaint.
170. Deny the truth of the allegations set forth in Paragraph “146” of the
Amended Complaint except admit that Chief Marino and Deputy Inspector Steven Mauriello
entered plaintiff’s home on or about October 31, 2009.
171. Deny the truth of the allegations set forth in Paragraph “147” of the
Amended Complaint except admit that a member from the Emergency Service Unit entered
plaintiff’s apartment on October 31, 2009.

- 21 -

172. Deny the truth of the allegations set forth in Paragraph “148” of the
Amended Complaint except admit that members of the NYPD entered plaintiff’s home and
plaintiff was ordered to return to the 81st Precinct.
173. Deny the truth of the allegations set forth in Paragraph “149” of the
Amended Complaint except admit that NYPD defendants were concerned for plaintiff’s safety.
174. Deny the truth of the allegations set forth in Paragraph “150” of the
Amended Complaint.
175. Deny the truth of the allegations set forth in Paragraph “151” of the
Amended Complaint.
176. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Defendants Threaten . . .” as set forth in the Amended Complaint.
177. Deny the truth of the allegations set forth in Paragraph “152” of the
Amended Complaint.
178. Deny the truth of the allegations set forth in Paragraph “153” of the
Amended Complaint and respectfully refer the Court to digital tape recordings made by plaintiff
for a true and accurate account of how Chief Marino responded.
179. Deny the truth of the allegations set forth in Paragraph “154” of the
Amended Complaint except admit that plaintiff refused medical treatment and refused to be
involuntarily removed from his home.
180. Deny the truth of the “sum and substance” allegations set forth in Paragraph
“155” of the Amended Complaint except admit that plaintiff was taken into protective custody.
181. Deny the truth of the allegations set forth in Paragraph “156” of the
Amended Complaint.

- 22 -

182. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Plaintiff Is Violently . . .” as set forth in the Amended Complaint.
183. Deny the truth of the allegations set forth in Paragraph “157” of the
Amended Complaint except admit that Sgt. Duncan handcuffed plaintiff.
184. Deny the truth of the allegations set forth in Paragraph “158” of the
Amended Complaint and respectfully refer the Court to digital tape recordings made by plaintiff
for a true and accurate account of how Chief Marino responded.
185. Deny the truth of the allegations set forth in Paragraph “159” of the
Amended Complaint except admit that, following a frisk of plaintiff, a digital recorder was found
on plaintiff and respectfully refer the Court to digital tape recordings made by plaintiff for a true
and accurate account of the events.
186. Deny the truth of the allegations set forth in Paragraph “160” of the
Amended Complaint.
187. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Defendants Conduct an . . .” as set forth in the Amended Complaint.
188. Deny the truth of the allegations set forth in Paragraph “161” of the
Amended Complaint.
189. Deny the truth of the allegations set forth in Paragraph “162” of the
Amended Complaint.
190. Deny the truth of the allegations set forth in Paragraph “163” of the
Amended Complaint except deny knowledge or information sufficient to form a belief as to what
plaintiff’s landlord allegedly claimed to have observed.

- 23 -

191. Deny the truth of the allegations set forth in Paragraph “164” of the
Amended Complaint except admit that plaintiff was placed in restraints and carried from his
home, and deny knowledge or information sufficient to form a belief as to whether this occurred
in full view of friends and neighbors.
192. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Defendants Make Blatantly . . .” as set forth in the Amended Complaint except
admit that plaintiff was confined in a psychiatric ward.
193. Deny the truth of the allegations set forth in Paragraph “165” of the
Amended Complaint except admit that plaintiff was transported to Jamaica Hospital.
194. Deny the truth of the allegations set forth in Paragraph “166” of the
Amended Complaint and respectfully refer the Court to the intake sheet for a statement made by
the officers to hospital officials.
195. Deny the truth of the allegations set forth in Paragraph “167” of the
Amended Complaint except admit that plaintiff’s landlord provided keys to NYPD defendants to
enter plaintiff’s apartment and admit that NYPD defendants thought plaintiff may be suicidal.
196. Deny the truth of the allegations set forth in Paragraph “168” of the
Amended Complaint.
197. Deny the truth of the allegations set forth in Paragraph “169” of the
Amended Complaint.
198. Deny the truth of the allegations set forth in Paragraph “170” of the
Amended Complaint.
199. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Plaintiff Is Handcuffed . . .” as set forth in the Amended Complaint.

- 24 -

200. Deny the truth of the allegations set forth in Paragraph “171” of the
Amended Complaint except admit plaintiff was handcuffed at the hospital .
201. Deny the truth of the allegations set forth in Paragraph “172” of the
Amended Complaint except admit that Sgt. Frederick Sawyer was assigned to guard plaintiff.
202. Deny the truth of the allegations set forth in Paragraph “173” of the
Amended Complaint except admit that Sgt. Sawyer, Sgt. Shantel James, P.O Raymond Miller,
and P.O. Artur Sadowski assisted in placing a second handcuff on plaintiff after plaintiff
threatened the officers.
203. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Plaintiff Spends Three . . .” as set forth in the Amended Complaint.
204. Deny the truth of the allegations set forth in Paragraph “174” of the
Amended Complaint except admit that plaintiff was confined to the psychiatric ward at Jamaica
Hospital.
205. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “175” of the Amended Complaint.
206. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “176” of the Amended Complaint.
207. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “177” of the Amended Complaint.
208. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “178” of the Amended Complaint.
209. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “179” of the Amended Complaint.

- 25 -

210. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “180” of the Amended Complaint.
211. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “181” of the Amended Complaint.
212. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “182” of the Amended Complaint.
213. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “183” of the Amended Complaint.
214. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Plaintiff’s Involuntary Confinement . . .” as set forth in the Amended Complaint
except admit that plaintiff was confined to a psychiatric ward.
215. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “184” of the Amended Complaint except admit that
plaintiff was confined to a psychiatric ward.
216. Deny the truth of the allegations set forth in Paragraph “185” of the
Amended Complaint.
217. Deny the truth of the allegations that there was no medical basis for
detaining plaintiff as set forth in Paragraph “186” of the Amended Complaint except deny
knowledge or information sufficient to form a belief regarding plaintiff’s confinement to a
psychiatric ward for six days.
218. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “187” of the Amended Complaint and respectfully refer the
Court to plaintiff’s hospital records for a true and accurate account of how plaintiff presented.

- 26 -

219. Deny the truth of the allegations that plaintiff was not in need of psychiatric
treatment as set forth in Paragraph “188” of the Amended Complaint except deny knowledge or
information sufficient to form a belief as to the truth of the whether plaintiff required
confinement in a psychiatric ward and respectfully refer the Court to plaintiff’s hospital records
for a true and accurate account of how plaintiff presented.
220. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “189” of the Amended Complaint.
221. Deny the truth of the allegations set forth in Paragraph “190” of the
Amended Complaint.
222. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “191” of the Amended Complaint.
223. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “192” of the Amended Complaint.
224. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “193” of the Amended Complaint.
225. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “194” of the Amended Complaint.
226. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “195” of the Amended Complaint.
227. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “196” of the Amended Complaint.
228. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “197” of the Amended Complaint.

- 27 -

229. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “The NYPD’s Crucial . . .” as set forth in the Amended Complaint.
230. Deny the truth of the allegations set forth in Paragraph “198” of the
Amended Complaint.
231. Deny the truth of the allegations set forth in Paragraph “199” of the
Amended Complaint except admit the NYPD entered plaintiff’s home.
232. Deny the truth of the allegations set forth in Paragraph “200” of the
Amended Complaint.
233. Deny the truth of the allegations set forth in Paragraph “201” of the
Amended Complaint.
234. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “202” of the Amended Complaint.
235. Deny the truth of the allegations that “NYPD dictate[d] the medical policy of
JHMC set forth in Paragraph “203” of the Amended Complaint except deny knowledge or
information sufficient to form a belief as to the truth of the allegations regarding the actions of
JHMC.
236. Deny the truth of the allegations set forth in Paragraph “204” of the
Amended Complaint.
237. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Defendants’ Egregious Conduct . . .” as set forth in the Amended Complaint.
238. Deny the truth of the allegations set forth in Paragraph “205” of the
Amended Complaint.

- 28 -

239. Deny the truth of the allegations set forth in Paragraph “206” of the
Amended Complaint except admit that members of the NYPD attempted to contact plaintiff at
his home in upstate New York.
240. Deny the truth of the allegations set forth in Paragraph “207” of the
Amended Complaint except admit that members of the NYPD attempted to contact plaintiff at
his home in upstate New York.
241. Deny the truth of the allegations set forth in Paragraph “208” of the
Amended Complaint.
242. Deny the truth of the allegations that NYPD defendants “continuously
harass[ed] and intimidate[d]

plaintiff” as set forth in Paragraph “209” of the Amended

Complaint except deny knowledge and information sufficient to form a belief as to what plaintiff
did with his bed.
243. Deny the truth of the allegations set forth in Paragraph “210” of the
Amended Complaint except admit that members of the NYPD have visited plaintiff at his home.
244. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Defendants’ Pattern of Misconduct . . .” as set forth in the Amended Complaint.
245. Deny the truth of the allegations set forth in Paragraph “211” of the
Amended Complaint.
246. Deny the truth of the allegations set forth in Paragraph “212” of the
Amended Complaint except admit that certain NYPD defendants have been the subject of NYPD
investigations.
247. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Defendant Marino’ Prior . . .” as set forth in the Amended Complaint.

- 29 -

248. Deny the truth of the allegations set forth in Paragraph “213” of the
Amended Complaint except admit that Chief Michael Marino was the subject of an investigation
involving the use of anabolic steroids and a human growth hormone.
249. Deny the truth of the allegations set forth in Paragraph “214” of the
Amended Complaint except admit that investigators executed a search warrant at a pharmacy in
Bay Ridge, Brooklyn.
250. Deny the truth of the allegations set forth in Paragraph “215” of the
Amended Complaint except admit the steroid prescriptions were found for members of the
NYPD, including Chief Marino.
251. Deny the truth of the allegations set forth in Paragraph “216” of the
Amended Complaint.
252. Deny the truth of the allegations set forth in Paragraph “217” of the
Amended Complaint except admit that Chief Marino was prescribed and used steroids.
253. Deny the truth of the allegations set forth in Paragraph “218” of the
Amended Complaint except admit that Chief Marino’s authority or duty has not been modified
as a result of the investigation.
254. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Defendant Nelson’s Prior . . .” as set forth in the Amended Complaint.
255. Deny the truth of the allegations set forth in Paragraph “219” of the
Amended Complaint except admit that Chief Gerald Nelson was the subject of a NYPD
investigation.

- 30 -

256. Deny the truth of the allegations set forth in Paragraph “220” of the
Amended Complaint except admit that the investigation involved an incident that occurred while
Chief Nelson was the Chief of the School Safety Division.
257. Deny the truth of the allegations set forth in Paragraph “221” of the
Amended Complaint.
258. Deny the truth of the allegations set forth in Paragraph “222” of the
Amended Complaint.
259. Deny the truth of the allegations set forth in Paragraph “223” of the
Amended Complaint except admit that Chief Nelson received a communication from the Police
Commissioner relating to the actions arising out of the 2005 investigation.
260. Deny the truth of the allegations set forth in Paragraph “224” of the
Amended Complaint.
261. Deny the truth of the allegations set forth in Paragraph “225” of the
Amended Complaint except admit there was an internal investigation in 2008 concerning Chief
Nelson.
262. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “226” of the Amended Complaint.
263. Deny the truth of the allegations set forth in Paragraph “227” of the
Amended Complaint.
264. Deny the truth of the allegations set forth in Paragraph “228” of the
Amended Complaint.
265. Deny the truth of the allegations set forth in Paragraph “229” of the
Amended Complaint.

- 31 -

266. Deny the truth of the allegations set forth in Paragraph “230” of the
Amended Complaint.
267. Deny the truth of the allegations set forth in Paragraph “231” of the
Amended Complaint.
268. Deny the truth of the allegations set forth in Paragraph “232” of the
Amended Complaint except admit that Nelson’s authority or duty was not modified in any way
as a result of the investigation.
269. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Defendant Mauriello’s Misconduct . . .” as set forth in the Amended Complaint.
270. Deny the truth of the allegations set forth in Paragraph “233” of the
Amended Complaint except admit that defendant Mauriello was the subject of an internal affairs
investigation.
271. Deny the truth of the allegation set forth in Paragraph “234” of the Amended
Complaint except admit defendant Mauriello was the subject of an internal affairs investigation.
272. Deny the truth of the allegations set forth in Paragraph “235” of the
Amended Complaint.
273. Deny the truth of the allegations set forth in Paragraph “236” of the
Amended Complaint.
274. Deny the truth of the allegations set forth in Paragraph “237” of the
Amended Complaint except admit that two officers assigned to the 81st precinct were indicted on
an unrelated matter.

- 32 -

275. Deny the truth of the allegations set forth in Paragraph “238” of the
Amended Complaint except admit that Mauriello’s authority or duty was not modified in any
way.
276. Deny the truth of the allegations set forth in Paragraph “239” of the
Amended Complaint.
277. Deny the truth of the allegations set forth in Paragraph “240” of the
Amended Complaint.
278. In response to paragraph “241” of Amended Complaint NYPD defendants
repeat and re-allege their responses to Paragraphs “1” through “240” of the Amended Complaint,
as if fully set forth herein.
279. Deny the truth of the allegations set forth in Paragraph “242” of the
Amended Complaint.
280. Deny the truth of the allegations set forth in Paragraph “243” of the
Amended Complaint.
281. Deny the truth of the allegations set forth in Paragraph “244” of the
Amended Complaint.
282. Deny the truth of the allegations set forth in Paragraph “245” of the
Amended Complaint.
283. Deny the truth of the allegations set forth in Paragraph “246” of the
Amended Complaint.
284. In response to paragraph “247” of Amended Complaint NYPD defendants
repeat and re-allege their responses to Paragraphs “1” through “246” of the Amended Complaint,
as if fully set forth herein.

- 33 -

285. Deny the truth of the allegations set forth in Paragraph “248” of the
Amended Complaint.
286. Deny the truth of the allegations set forth in Paragraph “249” of the
Amended Complaint.
287. In response to paragraph “250” of Amended Complaint NYPD defendants
repeat and re-allege their responses to Paragraphs “1” through “249” of the Amended Complaint,
as if fully set forth herein.
288. Deny the truth of the allegations set forth in Paragraph “251” of the
Amended Complaint.
289. Deny the truth of the allegations set forth in Paragraph “252” of the
Amended Complaint.
290. Deny the truth of the allegations set forth in Paragraph “253” of the
Amended Complaint.
291. Deny the truth of the allegations set forth in Paragraph “254” of the
Amended Complaint.
292. Deny the truth of the allegations set forth in Paragraph “255” of the
Amended Complaint.
293. Deny the truth of the allegations set forth in Paragraph “256” of the
Amended Complaint.
294. In response to paragraph “257” of Amended Complaint NYPD defendants
repeat and re-allege their responses to Paragraphs “1” through “256” of the Amended Complaint,
as if fully set forth herein.

- 34 -

295. Deny the truth of the allegations set forth in Paragraph “258” of the
Amended Complaint.
296. Deny the truth of the allegations set forth in Paragraph “259” of the
Amended Complaint.
297. In response to paragraph “260” of Amended Complaint NYPD defendants
repeat and re-allege their responses to Paragraphs “1” through “259” of the Amended Complaint,
as if fully set forth herein.
298. Deny the truth of the allegations set forth in Paragraph “261” of the
Amended Complaint.
299. Deny the truth of the allegations set forth in Paragraph “262” of the
Amended Complaint.
300. Deny the truth of the allegations set forth in Paragraph “263” of the
Amended Complaint.
301. Deny the truth of the allegations set forth in Paragraph “264” of the
Amended Complaint.
302. In response to paragraph “265” of Amended Complaint NYPD defendants
repeat and re-allege their responses to Paragraphs “1” through “264” of the Amended Complaint,
as if fully set forth herein.
303. Deny the truth of the allegations set forth in Paragraph “266” of the
Amended Complaint.
304. Deny the truth of the allegations set forth in Paragraph “267” of the
Amended Complaint.

- 35 -

305. Deny the truth of the allegations set forth in Paragraph “268” of the
Amended Complaint.
306. Deny the truth of the allegations set forth in Paragraph “269” of the
Amended Complaint.
307. In response to paragraph “270” of Amended Complaint NYPD defendants
repeat and re-allege their responses to Paragraphs “1” through “269” of the Amended Complaint,
as if fully set forth herein.
308. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “271” of the Amended Complaint.
309. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “272” of the Amended Complaint.
310. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “273” of the Amended Complaint.
311. Deny the truth of the allegations to the extent asserted against NYPD
defendants as set forth in Paragraph “274” of the Amended Complaint.
312. Deny the truth of the allegations to the extent asserted against NYPD
defendants as set forth in Paragraph “275” of the Amended Complaint.
313. Deny the truth of the allegations to the extent asserted against NYPD
defendants as set forth in Paragraph “276” of the Amended Complaint.
314. In response to paragraph “277” of Amended Complaint NYPD defendants
repeat and re-allege their responses to Paragraphs “1” through “276” of the Amended Complaint,
as if fully set forth herein.

- 36 -

315. Deny the truth of the allegations set forth in Paragraph “278” of the
Amended Complaint.
316. Deny the truth of the allegations set forth in Paragraph “279” of the
Amended Complaint.
317. Deny the truth of the allegations set forth in Paragraph “280” of the
Amended Complaint.
318. Deny the truth of the allegations set forth in Paragraph “281” including
subparts (i) – (v) inclusive of the Amended Complaint.
319. Deny the truth of the allegations set forth in Paragraph “282” of the
Amended Complaint.
320. In response to paragraph “283” of Amended Complaint NYPD defendants
repeat and re-allege their responses to Paragraphs “1” through “282” of the Amended Complaint,
as if fully set forth herein.
321. Deny the truth of the allegations set forth in Paragraph “284” of the
Amended Complaint.
322. In response to paragraph “285” of Amended Complaint NYPD defendants
repeat and re-allege their responses to Paragraphs “1” through “284” of the Amended Complaint,
as if fully set forth herein.
323. Deny the truth of the allegations set forth in Paragraph “286” of the
Amended Complaint.
324. Deny the truth of the allegations set forth in Paragraph “287” including
subparts (i) –(viii) inclusive of the Amended Complaint.

- 37 -

325. Deny the truth of the allegations set forth in Paragraph “288” of the
Amended Complaint.
326. Deny the truth of the allegations set forth in Paragraph “289” of the
Amended Complaint.
327. Deny the truth of the allegations set forth in Paragraph “290” of the
Amended Complaint.
328. Deny the truth of the allegations set forth in Paragraph “291” of the
Amended Complaint.
329. Deny the truth of the allegations set forth in Paragraph “292” of the
Amended Complaint.
330. Deny the truth of the allegations set forth in Paragraph “293” of the
Amended Complaint.
331. Deny the truth of the allegations set forth in Paragraph “294” of the
Amended Complaint.
332. Deny the truth of the allegations set forth in Paragraph “295” of the
Amended Complaint.
333. Deny the truth of the allegations set forth in Paragraph “296” including
subparts (i) – (v) inclusive of the Amended Complaint.
334. In response to paragraph “297” of Amended Complaint NYPD defendants
repeat and re-allege their responses to Paragraphs “1” through “296” of the Amended Complaint,
as if fully set forth herein.

- 38 -

335. Deny the truth of the allegations set forth in Paragraph “298” of the
Amended Complaint, and respectfully refer the Court to the document referred to therein for a
complete and accurate statement of its contents.
336. Deny the truth of the allegations set forth in Paragraph “299” of the
Amended Complaint except admit that the City of New York has not compromised plaintiff’s
claims.
337. Admit the allegations set forth in Paragraph “300” of the Amended
Complaint.
338. Deny the truth of the allegations set forth in Paragraph “301” of the
Amended Complaint and respectfully refer the Court to the document referred to herein for a true
and accurate notice of plaintiff’s claims.
339. Deny the truth of the allegations set forth in Paragraph “301” of the
Amended Complaint and respectfully refer the Court to the document referenced to herein for a
true and accurate notice of plaintiff’s claims.
340. Paragraph “303” of the Amended Complaint sets forth legal conclusions to
which no response is required. To the extent this paragraph is found to interpose allegations of
fact, NYPD defendants deny those allegations.
341. In response to paragraph “304” of Amended Complaint NYPD defendants
repeat and re-allege their responses to Paragraphs “1” through “303” of the Amended Complaint,
as if fully set forth herein.
342. Deny the truth of the allegations set forth in Paragraph “305” of the
Amended Complaint.

- 39 -

343. Deny the truth of the allegations set forth in Paragraph “306” of the
Amended Complaint.
344. In response to paragraph “307” of Amended Complaint NYPD defendants
repeat and re-allege their responses to Paragraphs “1” through “306” of the Amended Complaint,
as if fully set forth herein.
345. Deny the truth of the allegations set forth in Paragraph “308” of the
Amended Complaint.
346. Deny the truth of the allegations set forth in Paragraph “309” of the
Amended Complaint.
347. Deny the truth of the allegations set forth in Paragraph “310” of the
Amended Complaint.
348. In response to paragraph “311” of Amended Complaint NYPD defendants
repeat and re-allege their responses to Paragraphs “1” through “310” of the Amended Complaint,
as if fully set forth herein.
349. Deny the truth of the allegations set forth in Paragraph “312” of the
Amended Complaint.
350. Deny the truth of the allegations set forth in Paragraph “313” of the
Amended Complaint.
351. Deny the truth of the allegations set forth in Paragraph “314” of the
Amended Complaint.
352. In response to paragraph “315” of Amended Complaint NYPD defendants
repeat and re-allege their responses to Paragraphs “1” through “314” of the Amended Complaint,
as if fully set forth herein.

- 40 -

353. Deny the truth of the allegations set forth in Paragraph “316” of the
Amended Complaint.
354. Deny the truth of the allegations set forth in Paragraph “317” of the
Amended Complaint.
355. Deny the truth of the allegations set forth in Paragraph “318” of the
Amended Complaint.
356. Deny the truth of the allegations set forth in Paragraph “319” of the
Amended Complaint.
357. Deny the truth of the allegations set forth in Paragraph “320” of the
Amended Complaint.
358. In response to paragraph “321” of Amended Complaint NYPD defendants
repeat and re-allege their responses to Paragraphs “1” through “320” of the Amended Complaint,
as if fully set forth herein.
359. Deny the truth of the allegations set forth in Paragraph “322” of the
Amended Complaint.
360. Deny the truth of the allegations set forth in Paragraph “323” of the
Amended Complaint.
361. Deny the truth of the allegations set forth in Paragraph “324” of the
Amended Complaint.
362. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “325” of the Amended Complaint.
363. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “326” of the Amended Complaint.

- 41 -

364. Deny the truth of the allegations set forth in Paragraph “327” of the
Amended Complaint.
365. Deny the truth of the allegations set forth in Paragraph “328” of the
Amended Complaint.
366. Deny the truth of the allegations set forth in Paragraph “329” of the
Amended Complaint.
367. In response to paragraph “330” of Amended Complaint NYPD defendants
repeat and re-allege their responses to Paragraphs “1” through “329” of the Amended Complaint,
as if fully set forth herein.
368. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Negligent Retention . . .” as set forth in the Amended Complaint.
369. Deny the truth of the allegations set forth in Paragraph “331” of the
Amended Complaint.
370. Deny the truth of the allegations set forth in Paragraph “332” of the
Amended Complaint.
371. Deny the truth of the allegations set forth in Paragraph “333” of the
Amended Complaint.
372. Deny the truth of the allegations set forth in Paragraph “334” of the
Amended Complaint.
373. Deny the truth of the allegations set forth in Paragraph “335” of the
Amended Complaint.
374. Deny the truth of the allegations set forth in Paragraph “336” of the
Amended Complaint.

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375. Deny the truth of the allegations set forth in Paragraph “337” of the
Amended Complaint.
376. Deny the truth of the allegations set forth in Paragraph “338” of the
Amended Complaint.
377. Deny the truth of the allegations set forth in Paragraph “339” of the
Amended Complaint.
378. Deny the truth of the allegations set forth in Paragraph “340” of the
Amended Complaint.
379. Deny the truth of the allegations set forth in Paragraph “341” of the
Amended Complaint and respectfully refer the Court to In the Matter of P.B.A. and City of New
York, Case # A-10699-04 for a true and accurate statement of the determination.
380. Deny the truth of the allegations set forth in Paragraph “342” of the
Amended Complaint except admit that Chief Marino was promoted.
381. Deny the truth of the allegations set forth in Paragraph “343” of the
Amended Complaint.
382. Deny the truth of the allegations set forth in Paragraph “344” of the
Amended Complaint.
383. Deny the truth of the allegations set forth in Paragraph “345” of the
Amended Complaint.
384. Deny the truth of the allegations set forth in Paragraph “346” of the
Amended Complaint.
385. Deny the truth of the allegations set forth in Paragraph “347” of the
Amended Complaint.

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386. Deny the truth of the allegations set forth in Paragraph “348” of the
Amended Complaint.
387. Deny the truth of the allegations set forth in Paragraph “349” of the
Amended Complaint.
388. Deny the truth of the allegations set forth in Paragraph “350” of the
Amended Complaint.
389. Deny the truth of the allegations contained in the unnumbered Paragraph
beginning with “Negligence in Failing . . .” as set forth in the Amended Complaint.
390. Deny the truth of the allegations set forth in Paragraph “351” of the
Amended Complaint.
391. Deny the truth of the allegations set forth in Paragraph “352” of the
Amended Complaint.
392. Deny the truth of the allegations set forth in Paragraph “353” of the
Amended Complaint.
393. In response to paragraph “354” of Amended Complaint NYPD defendants
repeat and re-allege their responses to Paragraphs “1” through “353” of the Amended Complaint,
as if fully set forth herein.
394. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “355” of the Amended Complaint.
395. Deny the truth of the allegations to the extent asserted against NYPD
defendants as set forth in Paragraph “356” of the Amended Complaint.
396. Deny the truth of the allegations to the extent asserted against NYPD
defendants as set forth in Paragraph “357” of the Amended Complaint.

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397. In response to paragraph “358” of Amended Complaint NYPD defendants
repeat and re-allege their responses to Paragraphs “1” through “357” of the Amended Complaint,
as if fully set forth herein.
398. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “359” of the Amended Complaint.
399. Deny knowledge or information sufficient to form a belief as to the truth of
the allegations set forth in Paragraph “360” of the Amended Complaint.
400. Deny the truth of the allegations to the extent asserted against NYPD
defendants as set forth in Paragraph “361” of the Amended Complaint.
401. Deny the truth of the allegations to the extent asserted against NYPD
defendants as set forth in Paragraph “362” of the Amended Complaint.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE:
402. The amended complaint fails to state a claim against NYPD defendants upon
which relief can be granted.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE:
403. There was probable cause for placing plaintiff in protective custody.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE:
404. At all times relevant to the acts alleged in the amended complaint, NYPD
defendants acted reasonably in the proper and lawful exercise of their discretion.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE:
405. The NYPD defendants have not violated any rights, privileges or immunities
secured to plaintiff 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.
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AS AND FOR A FIFTH AFFIRMATIVE DEFENSE:
406. 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.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE:
407. Any injury alleged to have been sustained resulted from plaintiff’s own
culpable or negligent conduct and was not the proximate result of any act of the NYPD
defendants.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE:
408. At all times relevant to the acts alleged in the amended complaint, the NYPD
defendants acted reasonably, properly, lawfully and in good faith in the exercise of their
discretion. Consequently, NYPD defendants are entitled to governmental immunity.
AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE:
409. Plaintiff has not satisfied all conditions precedent to suit.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE:
410. Punitive damages may not be assessed against the City of New York.

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WHEREFORE, NYPD defendants request judgment dismissing the Amended
Complaint in its entirety, together with the costs and disbursements of this action, and such other
and further relief as the Court may deem just and proper.
Dated: New York, New York
December 2, 2010
MICHAEL A. CARDOZO
Corporation Counsel of the
City of New York
Attorney for NYPD Defendants
100 Church Street, Room 2-124
New York, N.Y. 10007-2601
212-788-8703

By:

cc:

ECF
/s/
Donna A. Canfield
Assistant Corporation Counsel
[e-mail]

Jon L. Norinsberg
Attorney for Plaintiff
225 Broadway, Suite 2700
New York, New York 10007
(by email: [e-mail])
Cohen & Fitch, LLP
Gerald Cohen
Joshua Fitch
Attorneys for Plaintiff
225 Broadway, Suite 2700
New York, New York 10007
(by email: [e-mail]; [e-mail])
Gregory John Radomisli
Martin Clearwater & Bell LLP (NYC)
Attorneys for Jamaica Hospital
220 East 42nd Street
13th Floor
New York, NY 10017
(by email: [e-mail])

- 47 -

Brian E Lee
Law Office of J. David O'Brien
Attorneys for Dr. Isak Isakov
20 Vesey Street
Suite 1210
New York, NY 10007
(by email: [e-mail])
Bruce Morgan Brady
Wilson Elser Moskowitz Edelman & Dicker LLP
Attorneys for Dr. Lillian Aldana-Bernier
150 East 42nd Street
New York, NY 10017
(by email: [e-mail])

- 48 -

10 CV 6005 (RWS)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

ADRIAN SCHOOLCRAFT,
Plaintiff,
-againstCITY OF NEW YORK, ET AL.,
Defendants.

NYPD DEFENDANTS’ ANSWER TO THE
AMENDED COMPLAINT

MICHAEL A. CARDOZO
Corporation Counsel of the City of New York
Attorney for NYPD Defendants
100 Church Street, Room 2-124
New York, New York 10007-2601
Of Counsel: Donna A. Canfield
Tel.: [phone]

Service of which is hereby acknowledged:
.......................................... , N.Y. Dated: ..........................................
Signed: ...............................................................................................
Print Name: .........................................................................................
Attorney for: .......................................................................................