Chamberlain shooting: White Plains may seek dismissal of family's suit
August 16, 2012
A federal judge has scheduled a Sept. 13 conference to discuss a possible motion by the city to dismiss a $21 million wrongful death lawsuit brought by the family of Kenneth Chamberlain Sr., who was shot and killed last year by police responding to a medical alert.
U.S. District Judge Cathy Seibel set the date after lawyers for the city and cops involved in the incident said the Chamberlain suit "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 a letter filed Monday.
City Attorney John Callahan said today that no motion to dismiss the suit has yet been made; lawyers for the Chamberlain family said they will "vigorously oppose" such a motion if it is made.
"If they think they're going to short-circuit this case, they've got another thing coming," said Randolph McLaughlin of the Newman Ferrara law firm. "To suggest that what happened to Mr. Chamberlain is not a federal case is absurd."
"Obviously we believe there is plenty of merit to this case," added Mayo Bartlett, another of the family lawyers. "If the city does move to dismiss, we will respond accordingly."
Chamberlain Sr., 68, was killed during a Nov. 19 standoff at his 135 S. Lexington Ave. apartment after his medical alert device accidentally went off about 5:30 a.m.
Chamberlain, who had a chronic heart condition and had been drinking, said he was OK and did not need help, but police insisted that he open his door so they could check on his welfare. Portions of the incident were recorded on audio and video from the alert device and a stun gun carried by one of the officers.
As police pressed Chamberlain to let them in, the former Marine and retired corrections officer, who also had a criminal record, became agitated, threatening to kill the first officer who entered his apartment. Police said he also tried to attack officers with a knife and hatchet when they pried the door open a crack.
Cops eventually removed the door from its hinges and shot Chamberlain with a stun gun and bean bags, which they said did not stop him. He was shot and killed by Officer Anthony Carelli when police said he lunged at another officer with a knife.
Chamberlain's son, Kenneth Jr., filed the federal lawsuit in July, two months after a Westchester County grand jury voted not bring criminal charges against any of the eight officers involved. The suit says that Chamberlain suffered from "delusions and hallucinations" and that cops taunted and used racial slurs during the standoff.
Officer Steven Hart, alleged to have used the "n-word," was suspended without pay last month and faces departmental charges that could lead to his dismissal. Hart has denied using any slurs.
The shooting is under review by the U.S. Department of Justice.
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Inquiries about the case may be directed to Prof. Randolph McLaughlin at 212-619-5400