A federal judge refused to dismiss a civil lawsuit filed against the City of White Plains by the family of a man who was killed by police officers in his home.

The judge rejected several motions by the City of White Plains and two police officers to throw out elements of the civil case against them in connection to the death of Kenneth Chamberlain Sr.

Kenneth Chamberlain Jr. filed the suit against the city and the officers over the November 2011 shooting death of his father, 66-year-old Marine veteran Kenneth Sr.

A county grand jury cleared four officers of criminal charges in 2012.

The district attorney announced last year her office would review the incident.

"I'm going to stay in this fight. I'm not going to stop," said Chamberlain.

Chamberlain's attorneys say Kenneth Chamberlain Sr. accidentally hit the button on his life aid emergency notification device, which led White Plains police to respond to the apartment.

According to court documents, police were told to cancel their response but they showed up anyway.

After Kenneth Chamberlain Sr. refused to let the officers inside, the officers forced entry, used a Taser on him, shot at him four times with beanbags and then fatally shot him with a handgun.

The judge said mediation would resolve this more quickly than a trial.

The Chamberlain family's attorneys say they'd like to end this sooner than later with a settlement with the city through mediation. The judge says if that doesn't happen, she'll schedule a trial for next year, possibly early spring.

"We're pleased with the decision right now, and we just look forward to the next steps, whatever those may be based on the recommendations by my legal team," says Chamberlain.

Attorney Peter Meisels, who is representing the city, wouldn't offer a reaction to the judge's ruling or tell News 12 what his next legal move is.

He just said he's prepared for the case to go on longer.

"I've been practicing for quite a while. Some cases take a long time. Some don't. It's part of litigation," says Randolph McLaughlin, attorney for the Chamberlain family.

Attorneys representing the police officers declined comment as they left the courthouse.