WHITE PLAINS, N.Y. -- Despite efforts to have the case thrown out of court, a family's $21 million lawsuit against White Plains over the shooting death of 68-year-old Kenneth Chamberlain Sr. in his White Plains home is set to go to trial, according to a News 12 report.
A judge ruled the case can go forward and set a trial date for Nov. 7, News 12 says. Chamberlain's family filed a wrongful death lawsui t following the Nov. 19, 2011, incident that began after Chamberlain accidently set off his medical alert device.
Police say Chamberlain was armed with a knife, and they used a Taser and bean bags to try to subdue him. His family says he repeatedly told police he was fine, but they broke into his apartment anyway, according to News 12.
Earlier this year, lawyers for White Plains tried to get the lawsuit dismissed.