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Kenneth Chamberlain Sr.(Photo: submitted)
WHITE PLAINS, N.Y.<span style="color: Red;">*</span>—<span style="color: Red;">*</span>Lawyers for the city and police officers involved in the 2011 shooting death of Kenneth Chamberlain Sr. have asked a federal judge to toss<span style="color: Red;">*</span>a<span style="color: Red;">*</span>$21 million wrongful death lawsuit brought by the retired correction officer's<span style="color: Red;">*</span>family.
Lawyers maintained that the suit<span style="color: Red;">*</span>failed to support claims of negligence, lack of training, use of excessive force and others.
In motions filed Monday, the city<span style="color: Red;">*</span>argued that the Chamberlain family has not offered admissible evidence that would allow a jury to rule<span style="color: Red;">*</span>in their favor. Meanwhile,<span style="color: Red;">*</span>the Chamberlain family's lawyers submitted arguments against the motions, saying the case should <span style="color: Red;">*</span>go to<span style="color: Red;">*</span>trial.
"We believe that a jury looking at the evidence in this case will see through the contradictory stories of the police officers and find the truth of how Mr. Chamberlain was tormented and killed in his own apartment," Chamberlain lawyer Debra Cohen, of the Newman Ferrara firm told<span style="color: Red;">*</span>The Journal New/Lohud .com on Wednesday. She said a trial "will finally give his family some measure of justice."
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The city had no comment, citing its policy of not talking about pending litigation. U.S. District Judge Cathy Seibel has the case.
The lawsuit is centered on the events of Nov. 19, 2011, when police were dispatched to Chamberlain's 135 S. Lexington Ave. apartment after<span style="color: Red;">*</span>his medical alert device went off. Chamberlain, a Marine Corps veteran with a police record, received VA hospital treatment for heart problems and other medical and emotional issues.
Police say an agitated Chamberlain refused to open the door when they arrived, threatened to kill officers and, in the standoff that followed,<span style="color: Red;">*</span>tried to stab at them with a large kitchen knife and a meat cleaver after they got the door wedged open. They say he appeared<span style="color: Red;">*</span>to be delusional, continuing to threaten officers and calling out to<span style="color: Red;">*</span>President Obama, Marines and others during the standoff. Police say they needed to get inside the apartment because the weren't sure if they were other people inside who may have been in danger.
Chamberlain's family says there was no medical emergency. Although his alert device was accidentally triggered, he told police he did not need any help. They claim<span style="color: Red;">*</span>police were not properly trained in dealing with the emotionally disturbed and not properly supervised at the scene.<span style="color: Red;">*</span>They say the officers taunted<span style="color: Red;">*</span>Chamberlain and used racial slurs before the apartment door was finally removed from its hinges and they charged into his apartment.
People gather outside the White Plains Public Safety building for a candlelight vigil marking the third anniversary of the death of Kenneth Chamberlain Sr. Nov. 19, 2014.<span style="color: Red;">*</span>(Photo: The Journal News/Frank Becerra)
Once inside, police said they found Chamberlain in his underwear, holding a 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<span style="color: Red;">*</span>was shot and killed by Officer Anthony Carelli.<span style="color: Red;">*</span>The family claims<span style="color: Red;">*</span>Chamberlain was shot while he was still on the floor<span style="color: Red;">*</span>after being knocked down by the bean bags.
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The lawsuit was filed after a<span style="color: Red;">*</span>Westchester County grand jury voted not to bring charges against any of the officers involved in the incident.
Andrew Quinn,<span style="color: Red;">*</span>Carelli's lawyer, could not be reached for comment. White Plains and the other officers are being represented by the firm of Wilson, Elser, Moskowitz, Edelman & Dicker.
Follow Richard Liebson on Twitter: @RichLiebson
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