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Daniel Penny Seeks Dismissal of Civil Suit Filed by Jordan Neely's Father

The former Marine, acquitted of criminal charges in Neely's subway death, argues the lawsuit lacks merit and blames Neely's own actions.

  • Daniel Penny, acquitted last month of criminal charges in the subway chokehold death of Jordan Neely, has filed to dismiss a civil lawsuit brought by Neely's father, Andre Zachary.
  • Penny's legal team argues that Neely's own conduct, including negligence and carelessness, contributed to the incident and that the lawsuit is without merit.
  • The civil lawsuit, filed in December 2024, accuses Penny of negligence, assault, and battery, seeking unspecified damages for Neely's death on May 1, 2023.
  • Penny's attorneys have vowed to defend the civil case with the same vigor as the criminal trial, where a jury cleared him of criminally negligent homicide.
  • Legal experts note that civil cases have a lower burden of proof than criminal trials, potentially giving Neely's family a stronger chance in court.
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