CIVIC CENTER — The family of Eric Garner, the Staten Island man who died after police placed him in an apparent chokehold during an arrest, intends to file a $75 million wrongful death claim against the police department and the officers involved in the incident.
According to a notification filed with the office of Comptroller Scott Stringer, NYPD Officer Daniel Pantaleo and others caused Garner's death when they "negligently and recklessly" put him in a banned chokehold while trying to place him under arrest for allegedly selling loose cigarettes on July 17.
After Pantaleo wrapped his arm around Garner's neck, other officers "wrestled him to the ground while continuously choking him" despite repeated statements from Garner of "I can't breath," according to the notice of claim. Emergency medical technicians and paramedics then failed to provide "immediate medical attention," which resulted in Garner's death, the notice says.
In addition, while the chokehold, which is banned under NYPD policy, was being applied, other officers present failed to stop its use, the notice of claim says.
The claim cites the findings of the medical examiner that Garner's death was caused by a chokehold and also blames the city for ignoring evidence from the Civilian Complaint Review Board that police were using chokeholds.
The notice of claim was filed on behalf of Garner's wife Esaw Snipes and Garner's children. Garner's mother Gwen Carr is listed as the executor of his estate.
“The Office of Comptroller Scott M. Stringer confirms receipt of the notice of claim on behalf of Eric Garner. This claim is now under review," said Eric Sumberg, a spokesman for the comptroller's office.
Police union officials have denied that Pantaleo used a chokehold.
A grand jury on Staten Island is considering criminal charges in Garner's death. Police Commissioner William Bratton committed the entire police department to additional training after Garner's death but has said he does not support legislation to make the use of the chokehold illegal.
