Daniel Penny seeks dismissal of lawsuit by subway chokehold victim's father

Daniel Penny, a former U.S. Marine who was acquitted of criminal charges in the death of a Black man on a New York City subway, has filed to dismiss a lawsuit brought by the victim's father.

In court filings on Monday, Penny’s lawyers denied claims laid out by Andre Zachary, Jordan Neely’s father, that he is culpable for civil damages after using a chokehold on Neely that ultimately led to his death. 

Instead, said Penny's lawyer Steven Raiser, “all injuries or damages” were caused by Neely's own “culpable conduct, negligence, carelessness, and lack of care."

“We are committed to defending this ill-conceived civil action brought by Jordan Neely’s estranged father with same the vigor with which we defended the criminal case,” Raiser said in a statement to The Associated Press.

Penny placed Neely in a chokehold on May 1, 2023, after the Michael Jackson impersonator began shouting at passengers on the subway that he was hungry, thirsty and suicidal. 

Video of the incident showed Penny held Neely in a headlock position for several minutes as another passenger pinned Neely’s arms and a third held down his shoulder. 

The chief medical examiner’s office determined Neely died from compression of the neck and ruled his death a homicide. 

Last month, Zachary filed his complaint in the New York Supreme Court, accusing Penny of negligence, assault and battery. 

But days later, a Manhattan jury cleared Penny of criminally negligent homicide.

Zachary is seeking a judgment awarding damages “in a sum which exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction.”