Former Marine Daniel Penny Seeks Dismissal of Lawsuit Filed by Subway Victim’s Father

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Daniel Penny, a former U.S. Marine who was acquitted of criminal charges in the death of Jordan Neely, has moved to dismiss a civil lawsuit brought against him by Neely's father, Andre Zachary. The legal action stems from an incident on a New York City subway in which Penny placed Neely in a chokehold, an act that ultimately led to Neely's death.  

 

In court documents filed on Monday, Penny's legal team denied any liability for civil damages. His lawyer, Steven Raiser, asserted that Neely's own actions were the cause of his death, stating, “All injuries or damages were caused by Neely’s own culpable conduct, negligence, carelessness, and lack of care.” Raiser also criticized the lawsuit, describing it as "ill-conceived," and pledged to defend it with the same determination that secured Penny's acquittal in the criminal case.  

 

The fatal incident occurred on May 1, 2023, when Neely, a 30-year-old homeless man and street performer known for impersonating Michael Jackson, began shouting at subway passengers, expressing that he was hungry, thirsty, and suicidal. Penny intervened, placing Neely in a chokehold. Video footage captured Penny holding Neely in the headlock for several minutes, while other passengers restrained Neely’s arms and shoulders.  

 

The New York City Chief Medical Examiner’s office later determined that Neely’s cause of death was compression of the neck and classified the death as a homicide. Despite this, a Manhattan jury cleared Penny of criminally negligent homicide in a highly publicized trial.  

 

Shortly after the jury's decision, Zachary filed a lawsuit in the New York Supreme Court accusing Penny of negligence, assault, and battery. Zachary, who has described himself as estranged from his son, is seeking monetary damages in an amount that exceeds the jurisdictional limits of lower courts.  

 

Penny’s legal team, however, argues that the blame lies with Neely’s behavior and decisions, not with Penny's actions. Raiser emphasized the commitment to contesting the civil claims, saying, “We are committed to defending this ill-conceived civil action brought by Jordan Neely’s estranged father with the same vigor with which we defended the criminal case.”  

 

The case continues to draw national attention, highlighting issues surrounding mental health, homelessness, and public safety. For Penny, the legal battle is far from over as the court considers whether Zachary’s claims will proceed.

 

Based on a report by The Hill 2024-01-10

 

 

[JonnyF]

Penny should sue the father for raising such a reprobate.

 

 

[Oliver Holzerfilled]

1 hour ago, JonnyF said:

Penny should sue the father for raising such a reprobate.

 

 

"It takes a village to raise a child."  Penny should sue the village.

[Watawattana]

1 hour ago, JonnyF said:

Penny should sue the father for raising such a reprobate.

I'm sure there was nothing wrong with him till the day he turned 18, so no fault of the father... 😆

 

As he's estranged, then this is nothing other than a lawyer-led money grab.  I hope the case is dismissed at the earliest opportunity and that the father and his lawyer are held accountable for 100% of costs and the time that is wasted, along with millions in punitive damages to discourage more time wasters.

[jcmj]

The father and the father had no use for each other and were estranged. The father should receive nothing. He only cares now because he got an ambulance chaser for a lawyer and he now wants money. 

[frank83628]

So the son was homeless, where was the father? Now the father is clearly seeking a payout off the back of his sons death, or perhaps some lawyers are and using him to do it.