From [HERE] and [HERE] Lawyers for the family of Kenneth Chamberlain Sr., the 68-year-old former Marine killed by a White Plains police officer in a racially-charged shooting, have filed court papers opposing the city's bid to dismiss a federal lawsuit stemming from the incident.
Chamberlain, 68, who was African-American, was shot dead by White Plains Officer Anthony Carelli, who is white, Nov. 19 following a two-hour standoff at the door of his apartment in the Winbrook Public Housing complex. Police went to his residence because his medical alert device went off. When they arrived Chamberlain told police he did not need any help through his front door. Police demanded he open up his own door. The Chamberlain family contends police used racial slurs against Chamberlain during the incident. One White Plains officer, Steven Hart has been suspended for allegedly using the N-word against Chamberlain, a charge Hart denies.
In May, a Westchester County grand jury declined to indict Carelli or any of the other half-dozen or so officers involved in the incident. Federal prosecutors are reviewing the case to determine whether to launch a criminal civil rights investigation.
In July, Kenneth Chamberlain Jr. filed a $21 million wrongful death lawsuit in federal court. The encounter was recorded by audio and video devices. Transcripts from the Westchester County District Attorney’s Office of audio recordings reveal Officer Steven Hart as the officer who said to Chamberlain, “Stop, we have to talk nigger” before police broke down his door. The suit claims that cops taunted the 68-year-old Chamberlain for more than an hour before breaking down his apartment door.
Police 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. Police said he tried to attack officers with a knife and hatchet when they pried the door open.
Last month, the city, its public housing authority, and the eight police officers named as defendants asked a federal judge for permission to file a request to dismiss the lawsuit without having to answer the complaint.
Chamberlain's lawyers fired back this week in letters to U.S. District Judge Cathy Seibel, saying she should deny the request.
"(Chamberlain) adequately alleges that the officers, including Carelli, who terrorized Kenneth Chamberlain Sr., had personal animus, including racial animus, against him, that they engaged in separate discriminatory acts and that their behavior and actions were part of a pattern and practice of racist policing by ...White Plains and its officers," lawyer Randolph McLaughlin wrote in one letter.