Kenneth Chamberlain Jr., right: 'I feel hopeful we are on the path of getting justice for my father.' / The Journal News
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WHITE PLAINS — A $21 million wrongful death lawsuit filed by the family of Kenneth Chamberlain Sr. against White Plains can proceed after a federal judge on Tuesday threw out most of the city’s motion to dismiss.
“For the first time in a long time, I feel hopeful we are on the path of getting justice for my father,” Kenneth Chamberlain Jr. said in a statement after the ruling was announced.
The elder Chamberlain, 68, was shot and killed by White Plains police at his apartment on Nov. 19, 2011, ending an hourlong standoff that began when his medical alert device went off, apparently by accident.
A former Marine and retired Westchester County correction officer who also had a few run-ins with the law, the elder Chamberlain refused to allow police into his home at 135 S. Lexington Ave. and became more agitated as the confrontation continued.
Police, who later said they had to check on his welfare, eventually broke down the elder Chamberlain’s door.
Sgt. Steven Fottrell fired a stun gun at him, Sgt. Keith Martin shot him with beanbags and Officer Anthony Carelli shot and killed him with a handgun when police said he tried to attack one of the officers with a knife.
Parts of the incident were recorded on video by the stun gun; audio portions were recorded by Chamberlain’s medical alert device.
A Westchester County grand jury later voted not to bring charges against any of the officers involved in the case.
The family said police used racial slurs during the standoff and had no reason to enter the elder Chamberlain’s apartment.
Steven Hart, the officer accused of making the slurs, has since been dismissed from the Police Department. Hart has continued to deny the accusation and is fighting to be reinstated, his lawyer, John Pappalardo, said Tuesday.
In her ruling, U.S. District Judge Cathy Seibel dismissed claims against the White Plains Housing Authority and some of the officers involved.
Chamberlain family lawyer Randolph McLaughlin, of the Newman Ferrara firm, said the central claims of the case, including the use of excessive force and negligence on the part of supervisors at the scene, remain.
“I think the ruling is a sweeping indictment of the City of White Plains and the Police Department,” he said.
The city had no comment. Karen Pasquale, chief adviser to Mayor Thomas Roach, said officials “have not had the opportunity as yet to fully review the judge’s ruling.”
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