Ex-Marine acquitted in NYC subway chokehold case seeks dismissal of suit brought by victim's father

The former U.S. Marine acquitted of criminal charges in the death of a man on a New York City subway train is seeking to dismiss a lawsuit brought by the victim’s father. Daniel Penny's lawyer, in a court filing Monday, said his client denies the lawsuit's claims that he is culpable for civil damages for using a chokehold on Jordan Neely while Neely was acting erratically in a subway car in 2023. In a suit filed last month, Andre Zachery accuses Penny of negligence, assault and battery, leading to the death of his son. Lawyers for Penny and Zachery didn't immediately comment Tuesday.