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(New York, NY) — The Marine veteran cleared of all charges in the 2023 subway chokehold death of Jordan Neely in New York City is seeking to get a lawsuit against him dismissed. Neely’s father filed a civil suit against Daniel Penny. Neely was shouting and acting erratically on a crowded northbound “F” train on May 1, 2023.
The lawsuit accuses Penny of causing his son’s death through negligence, carelessness and recklessness. On Monday, January 6, 2025 Penny’s legal team filed paperwork arguing it should be tossed because of his acquittal in criminal court. Last month, a jury found Penny not guilty of negligent homicide and manslaughter.
Penny’s lawyer Steven Raiser, in his legal filing, said “all injuries or damages” were caused by Neely’s “culpable conduct, negligence, carelessness, and lack of care.”
