Chamberlain death: Trial set in $21M lawsuit
Sixty-eight-year-old Kenneth Chamberlain was shot and killed by White Plains police answering a medical alert call
WHITE PLAINS - A federal judge on Monday ruled that a $21 million wrongful death lawsuit against the city in the police shooting of Kenneth Chamberlain Sr. will go to trial, deciding that there is enough evidence to proceed.
"This is a close call," U.S. District Judge Cathy Seibel said in setting a Nov. 7 trial date in the case brought by Chamberlain's family.
Seibel threw out most of the suit's claims and excused all of the defendants except Officer Anthony Carelli, who shot Chamberlain, and the city, as his employer.
Afterward, Kenneth Chamberlain Jr. said he was pleased with the decision, becoming emotional as he talked about the five years that have passed since his father's death.
"It's kind of hard to really put into words," he said, breaking into tears. "We're finally getting our day in court. There will be justice for Kenneth Chamberlain."
RELATED: White Plains, cops seek dismissal of Chamberlain wrongful death suit
The city had sought a summary judgement in the case, which centers around the Nov. 19, 2011 shooting death of the 68-year-old retired corrections officer, who was shot by police after they said he attacked an officer with a kitchen knife during a standoff at his apartment.
Police responded to Chamberlain's 135 S. Lexington Ave. apartment after receiving a call that his medical alert device had gone off. When they arrived, he said there was no emergency.
Family members have said his alert device went off accidentally. Police insisted on checking on his welfare, and an increasingly agitated Chamberlain, who had been drinking, refused to open his door and threatened the first officer through the door.
As the situation escalated, police forced the door open as Chamberlain, whom they described as delusional, tried to hack at them with a kitchen cleaver. Once the door was open, police said, Chamberlain, in his underwear, brandished a large kitchen knife.
Despite being shot with a stun gun and bean bags, police said Chamberlain continued to come at them and threaten them. When he allegedly charged at one of the officers with the knife, Chamberlain was shot and killed by Carelli.
Debra Cohen, one of the Chamberlain family's team of lawyers, said the trial will focus "like a laser" on whether Chamberlain was actually on his feet, charging with a knife or still lying on the floor after being shot with bean bags at a force similar to "a Mike Tyson punch or a Nolan Ryan fastball."
She said evidence will show that Chamberlain was on the floor, and that discrepancies between the accounts from various officers on the scene showed that they lacked credibility.
"For five years, (Chamberlain Jr.) has been seeking justice," said another of the family's lawyers, Randolph McLaughlin. "At long last, the search for truth, the search for justice, shall move forward to trial."
McLaughlin said the case has national implications as it involved the police shooting of a poor, emotionally disturbed African-American man. Nevertheless, he said, the family would entertain a settlement agreement.
"We're prepared to have a conversation if the city is willing," McLaughlin said.
Carelli's lawyer, Andrew Quinn, and the lawyer representing the city, Lalit Kumar Loomba, were unavailable for comment after the more than two-hour court hearing.
Court papers filed by the family say police taunted Chamberlain and used racial slurs during the standoff. The lawsuit was filed after a Westchester County grand jury decided not to bring criminal charges against any of the officers involved in the incident.