Daniel Penny seeks dismissal of chokehold-related lawsuit

Former U.S. Marine Daniel Penny on Monday asked a judge to dismiss a civil lawsuit against him filed last month by deceased homeless man Jordan Neely’s father, Andre Zachary. In his lawsuit, Zachary demanded an unspecified amount of money from Penny in the form of damages.

Zachary’s legal team filed the lawsuit before Penny was acquitted of wrongdoing in Neely’s death, which occurred after Penny put him in a chokehold. Penny claimed he was defending himself and other passengers on the subway after Neely made threatening comments.

On what grounds is Penny asking for a dismissal of this case? In the filing, Penny’s legal team argued that it was Neely, not the former Marine, who was responsible for the injuries that claimed Neely’s life. Penny’s attorneys demanded that Zachary’s case be dismissed, that Zachary pay for the legal fees Penny incurred defending himself, and asked for further relief if the court considered it appropriate.