Kenneth Chamberlain death: Family's lawyers oppose move to dismiss wrongful-death lawsuit
Written by
Lee Higgins
Sep 7, 2012
Lawyers for the family of Kenneth Chamberlain Sr., who was fatally shot last fall by White Plains police as they responded to a medical alert, are objecting to a move by the city to seek dismissal of a $21 million wrongful death lawsuit filed by Chamberlain's son.
A federal judge has scheduled a conference for Thursday to discuss a possible motion by the city to dismiss the federal lawsuit, though no motion has yet been filed.
Lawyers for Chamberlain's family wrote four letters this week to U.S. District Judge Cathy Seibel opposing requests by the defendants for the conference.
Officer Steven Hart, who was suspended without pay last month and alleged to have used a racial slur during the incident, is among the defendants seeking dismissal. Lawyers for the city and officers involved have argued the lawsuit "is devoid of factual content sufficient to allow the court to draw the reasonable inference that the city defendants are liable for these claims."
In one of the responding letters filed Thursday, Chamberlain family lawyer Randolph McLaughlin wrote that Hart's contention that the "only factual allegation directly concerning him is that he uttered a racial slur during the course of the siege of Mr. Chamberlain's apartment" is inaccurate.
"In fact, the complaint also charges that the police, who were present at Mr. Chamberlain's apartment, including Hart, continuously banged loudly on his door and on an outside window, continuously spoke to Mr. Chamberlain loudly, threateningly, disrespectfully and mockingly."
McLaughlin also wrote that the complaint alleges Hart was a member of the Neighborhood Conditions Unit, which McLaughlin charges "engaged in discriminatory policing practices."
The Chamberlain family's lawsuit alleges that "Hart and the other defendants entered into a conspiracy to deprive Mr. Chamberlain of his civil rights by the use of racial slurs and excessive force," McLaughlin wrote. The lawsuit was filed in July, two months after a Westchester County grand jury voted not to bring criminal charges.
Chamberlain, 68, an ex-Marine, was fatally shot by Officer Anthony Carelli during a Nov. 19 standoff at his apartment after his medical alert device accidentally went off about 5:30 a.m. Chamberlain said he was OK, but police insisted he let them in so they could check on him. He refused.
Police said Chamberlain tried to attack officers with a knife and hatchet when they pried open the door. Officers initially shot him with a stun gun and bean bags, but said that it wasn't enough to subdue him.
The U.S. Department of Justice is reviewing the fatal shooting. The NAACP has publicly expressed outrage over the incident and called for a thorough federal investigation.
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Inquiries about this case may be directed to Newman Ferrara attorney, Prof. Randolph McLaughlin, at 212-619-5400