Affidavit of Samuel E. Soltz. 109 110 Association, New York Neurological and Psychiatric Society, New York Medical County, American Medical Association, and the American Association for the advancement of Psychotherapy. That deponent has been a qualified psychiatrist of the State of New York since 1937. That deponent is a Diplomate of the American Board of Neurology and Psychiatry since 1940. That deponent was a consultant in neurophyschiatry in the European Theatre of operation during World War II. That deponent has written many articles in the field of neurology and psychiatry. That on May 11, 1954, deponent examined the petitioner herein, Andre E. Murphy at which time your deponent conducted an extensive medical, neurological and psychiatric examination of Mr. Murphy. That said examination was conducted without the presence of anyone. That at the time of said examination deponent had in his possession a copy of the report of Dr. Albert L. Deutsch, dated March 20, 1954 and a copy of an abstract from the U. S. Department of Health, Education and Welfare, dated March 4, 1954. That these reports were furnished your deponent by Petitioner's attorney, John A. Esposito, Esq., prior to said examination. That attached hereto is a report of deponent's examination of Mr. Murphy, dated May 11, 1954. Deponent's opinion and conclusion is that there has been some injustice done to the petitioner as deponent cannot find anything in the way of a psychiatric disorder to warrant the charges of his removal from the Police Department. Deponent feels that Dr. Deutsch's report is likewise, in effect, not contraindicated in spite of 111 112 Affidavit of Samuel E. Soltz. 113 the way the petitioner acted in attempting to solve his marital problem. Deponent believes that Mr. Murphy had tried to maintain some respect as a husband without being so thoroughly berated by his wife. That deponent is familiar with respondent's rule that states the respondents may reject where there is a “history of a nervous disorder.” However, Mr. Murphy's history of his marital problem and his attempt to salvage same is not a nervous disorder. A crystalization of the effective reactions of Mr. Murphy and his personality revealed that he, like any other normal individual, when confronted with as serious a problem as his marital status, would under the stress and strain of such a problem be troubled. If he was not troubled by the weight of such a problem, then there would be a serious defect in his personality and makeup. From the Creation of this world until its consummation, all persons no matter whom they may be, will be beset by problems, trivial to others but most important to the individuals involved. An intelligent and honest attempt to solve such problems should not be characterized as a nervous disorder. It is your deponent's opinion that the petitioner herein has never had a nervous disorder, was not and is not now suffering from any neurosis; nervous disorder, or the like. That your deponent further believes that Mr. Murphy will make an excellent policeman, one, which in the fullness of time, the City of New York will be proud of. 114 (Sworn to by Samuel E. Soltz on July 13, 1954.) 115 Report of Dr. Samuel E. Soltz, Annexed to Foregoing Affidavit. 117 Patient, who is a probationary officer of the Police Academy, had appeared for examination, and to evaluate his medical condition, because he stated that he was dropped from the lists for medical reasons by the Civil Service Commission. He stated that he has been interviewed by Dr. Albert Deutsch, of Brooklyn, at the Bureau of Social Services, and Dr. S. P. Goodhart, of New York City, and Dr. Tillem, of the Civil Service Commission. He stated that he entered as a probationary officer in the police service on October 16, 1953, and that (as far as he can recall) his work was performed well, and that he had taken the necessary courses over a period of several months, and that he had been retained at the academy for further duty prior to the time when he was notified by the Civil Service Commission. He feels that he is worthy of the position, and that he is well liked, and that he likes his work very much. He stated that his difficulties must 118 Report of Dr. Samuel E. Soltz, Annexed to Foregoing Affidavit. 119 have arisen because of some marital discord which climaxed itself sometime in December of 1952. He admits that he has become quite tense and restless over the situation, and that it has caused him some concern, and that he was overwhelmed by the incident itself, and the fact that he has been separated from an existence as a father to his children, and that this has preyed on his mind as well. However, he felt that he was able to overcome this, and he was very happy when he was asked to join the police service. He states that he gets along with people very well, and surely with the members of the police department. He claims that he was brought up in a very restricted home, and that his mother and father had separated when he was approximately four years of age, and that he had lived with his mother, and had been brought up in a rather decent way, with definite social, as well as religious, obligations; and that he saw his father only occasionally, but did not express any hostility because of the separation. He admits that he has some fondness for his father, but that he had been separated so long from him that he had not been able to get used to his father. He has three sisters, somewhat older than he, ranging in ages from twenty-seven to thirty-five. The family are closely knit, and attached to each other. They do not express any adverse reactions towards their father or their mother because of the break in their marital ties. He admits that he is quite meticulous, that he likes things run in an orderly fashion, which, he claims, is the upbringing of his own mother, that he likes being corrected, that 120 Report of Dr. Samuel E. Soltz, Annexed to Foregoing Affidavit. 121 122 he does not resent being corrected, that he likes authority, and does not tend to over-exert his authority. He admits that he is not one to be an overly-dominant type of individual, but feels that when things are done wrong he certainly likes to have them corrected. He states that he has always been a hard-working and energetic individual, that he is not fond of criticism, nor does he care to criticize others, as he is well imbued with thoughts of human beings, and that he has had many friends as a result of his own affability and his desire to mix well with people. He admits that he has never been involved in any strong situations or arguments or brawls, and that he had led a rather normal existence until the time of his marriage, at the age of twenty years. The patient stated that he married an indivdual somewhat younger than himself, and that there was no approval by either parents, and that they were of different religions. They have been married approximately five years up to date. At the early part of the marriage it was seasoned with some degree of happiness and understanding. They had both worked, the wife for a short period of time because she became pregnant. He has held various jobs during his marital existence, such as a merchant seaman, a real estate agent, radio and telephone technician, and that he often supplemented his income by assuming other jobs, such as clerk at various places, since he became the father of two children, prior to the time of their separation. He stated that his difficulty began following his return as a merchant seaman (working at the time for the Military 123 |