Defendant's Attorney: John Martin Flannery, John Vitagliano, Judy Selmeci, Peter Alexander Meisels, Scott Ian Mendelsohn

Description: White Plains, New York civil litigation lawyers represented the Plaintiff on a civil rights violation theory.

"At approximately 5:00am on November 19, 2011, Kenneth Chamberlain, a sixty-six year old former marine and corrections officer who had bipolar disorder, as well as arthritis and respiratory illness, was at his home in the Winbrook Public Housing at 135 S. Lexington Avenue in White Plains, New York. Chamberlain accidentally triggered his LifeAid medical alert necklace, sending an alert to a LifeAid customer service operator, who in turn called the City of White Plains Department of Public Safety. In response, police officers, firefighters, and emergency medical technicians were dispatched. At Chamberlain’s home police knocked on the door and were told by Chamberlain, through the door, that he did not call them, did not require assistance, was not having a medical emergency, and asked them to leave. The police refused to leave his home and insisted that Chamberlain open the door. The police became more insistent, and began banging on the door. Chamberlain then contacted the LifeAid operator and asked for help, stating that the police were going to enter his home and kill him. The police continued to bang on the door and then attempted to force it open for approximately one hour. During that time one of the officers, Steven Hart, swore at Chamberlain and called him “nigger.”

Upon breaking down his door, they entered Chamberlain’s apartment. Police alleged that Chamberlain came at them with a butcher’s knifewhen they broke down the door. Chamberlain’s family, however, claims the elderly Chamberlain was unarmed, and did not resist. The police tased Chamberlain and then shot him with four beanbags launched from a shotgun. Chamberlain allegedly continued to charge at officers with the knife, and Officer Anthony Carelli shot Chamberlain again, this time in the chest with live ammunition. A camera mounted on the taser captured the tasing, but was not functioning during the shooting. Chamberlain later died in surgery at the White Plains Hospital.
" Seven Last Words of the Unarmed

Outcome: (1) The Court hereby approves the settlement of this matter for the sum of $5,000,000.00;

(2) The Court approves the payment to Newman Ferrara LLP of the sum of $1,666,666.67 for attorneys' fees;

(3) The Court approves the payment to Newman Ferrara LLP of the sum of $114,454.87 for costs and expenses;

(4) The Court also approves the payment to Loeb, Block & Partners LLP, attorneys for plaintiff administrator, as escrow agent, pending application to the Surrogate Court, Westchester County, the sum of $3,218,878.46;

(5) Upon compliance with the terms of this Order, all claims against all defendants will be dismissed with prejudice.
Chamberlain v. City of White Plains, 12-cv-05142 (CS) (S.D. N.Y. Nov 21, 2023)

Plaintiff's Experts:

Defendant's Experts:

Comments: When Cops When To Hell