The family of the Staten Island man who died during a police chokehold intends to sue NYC for $75 million. Capital New York reports that Eric Garner's family filed a notice of claim, "In the notice, filed Oct. 6, lawyers for the Garner family say police officers involved in the July 17 incident 'failed to use proper police procedure and tactics as reasonably prudent and careful police officers would have used under similar circumstances.'"
Garner, 43, died in July while police officers tried to arrest him (cops claim he was selling untaxed cigarettes while witnesses say he was just breaking up a fight), and a shocking video shows Garner arguing with the police moments before his death: "I was just minding my own business. Every time you see me you want to mess with me. I’m tired of it. It stops today!" When a number of cops try to subdue him, Garner, who weighed 400 pounds, is seen swatting their hands away and saying, "Don’t touch me, please."
As Officer Daniel Pantaleo puts him in a chokehold, other officers struggle to pull him to the ground and get his arms behind his back. Garner, an asthmatic, can be heard repeatedly saying, "I can't breathe." He was later pronounced dead at Richmond University Medical Center, and the first police report didn't even mention the chokehold. Pantaleo, who has been sued twice for civil rights violations, was stripped of his badge and gun while Officer Justin Damico was placed on modified duty. Garner's death was ruled a homicide.
Capital New York notes, "The claim also states that the city and the New York Police Department “continued to improperly supervise officers in the field," with the claim calling out "broken windows... The incident herein may have a direct relationship and/or may have been caused by the 'broken windows' policing being implemented and utilized" by NYC and the police force. Bratton, who supports "broken windows" policing, had said that it appeared Garner died of a chokehold, which is prohibited by the NYPD.
The comptroller's office confirmed it received the claim and that it was reviewing it. After Garner's death was ruled a homicide, Mayor de Blasio said, "My administration will continue to work with all involved authorities, including the Richmond County District Attorney, to ensure a fair and justified outcome."
