12-04-2014, 10:02 AM
The Civil Claim/Suit
Eric Garner was killed while being restrained by NYPD officers in July of 2014. The by-stander cell phone video of the incident is a very good and clear one; see post 3.
The family of Eric Garner filed a claim against the city in October of 2014. The claim names the NYPD and several specific officers.
The claim, which says the suit will ask for $75 million, maintains that Mr. Garner’s death was a direct result of the actions of the police. It says officers acted “recklessly and negligently” in wrestling him to the ground using a chokehold, a procedure that has long been banned by the department.
It cites the finding of the city’s medical examiner, who ruled the death a homicide and found that Mr. Garner died from a chokehold and the compression of his chest by police officers.
While the report found that Mr. Garner’s poor health was a contributing factor, it was not the primary cause of his death. (I think the fact that Mr. Garner, 43, had other health problems probably figured heavily in the grand jury's decision not to indict Officer Daniel Pantaleo - JMO).
The claim accuses the officers and their employer of wrongful death, assault, battery, intentional infliction of emotional distress, negligent supervision, and negligent training, among other injuries.
I think that the Garner family stands a good chance of winning the suit if it makes it to civil court.
Ref: http://www.nytimes.com/2014/10/08/nyregi...-case.html
Eric Garner was killed while being restrained by NYPD officers in July of 2014. The by-stander cell phone video of the incident is a very good and clear one; see post 3.
The family of Eric Garner filed a claim against the city in October of 2014. The claim names the NYPD and several specific officers.
The claim, which says the suit will ask for $75 million, maintains that Mr. Garner’s death was a direct result of the actions of the police. It says officers acted “recklessly and negligently” in wrestling him to the ground using a chokehold, a procedure that has long been banned by the department.
It cites the finding of the city’s medical examiner, who ruled the death a homicide and found that Mr. Garner died from a chokehold and the compression of his chest by police officers.
While the report found that Mr. Garner’s poor health was a contributing factor, it was not the primary cause of his death. (I think the fact that Mr. Garner, 43, had other health problems probably figured heavily in the grand jury's decision not to indict Officer Daniel Pantaleo - JMO).
The claim accuses the officers and their employer of wrongful death, assault, battery, intentional infliction of emotional distress, negligent supervision, and negligent training, among other injuries.
I think that the Garner family stands a good chance of winning the suit if it makes it to civil court.
Ref: http://www.nytimes.com/2014/10/08/nyregi...-case.html