Daniel Penny's attorneys have responded to a lawsuit filed against him by Jordan Neely's father, saying the suit should be dismissed and that Penny should not be culpable for any civil damages.
Penny, 26, put Neely, 30, in a chokehold after Neely boarded a New York subway car and began acting aggressively toward other subway riders, ABC News reported. Although acquitted of any criminal wrongdoing, Penny now faces a civil action.
"The aforesaid incident, injuries, and death were caused by reason of defendant Daniel Penny's negligence," ABC News quoted the lawsuit as stating. The lawsuit requested damages "in such sum as a jury may find reasonable, fair, and just."
Penny was acquitted of criminally negligent homicide. The more serious manslaughter charge was dismissed, NBC News reported.
Following the acquittal, the Neely family's attorney said the civil lawsuit would continue. "We're going to move forward with our suit. The district attorney did a good job, but the jury in this case let us down," NBC News quoted attorney Dante Mills.
In calling for the lawsuit to be dismissed, the New York Post reported that Penny's attorney, Steven Raiser, stated, "We continue to assert Danny's innocence and will fight back against these allegations with the same vigor and determination as in the criminal case."
The newspaper noted that the burden of proof in a civil trial is different than in a criminal trial.
