White Plains to File Frivolous Motion to Dismiss: Police Officer Yelled N****r before Murdering Unarmed Black Marine

From [HERE] 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 White Plains and officers involved in the incident said the 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 Thursday that no motion to dismiss has been made yet; lawyers for the Chamberlain family said they would “vigorously oppose” such a motion . “If they think they’re going to short-circuit this case, they’ve got another think 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.”

Chamberlain, 68, was killed during a Nov. 19 standoff at his 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 he open his door so they could check on him.

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.

Chamberlain’s son, Kenneth Chamberlain Jr., filed the federal lawsuit in July, two months after a Westchester County grand jury voted not bring criminal charges against the officers involved. The suit says Chamberlain suffered from “delusions and hallucinations” and that police taunted him and used racial slurs.

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. He has denied using any slurs.

The shooting is under review by the U.S. Department of Justice.