Former officer Daniel Pantaleo, who was fired from the NYPD for his role in the banned chokehold death of Eric Garner, believes that he should get his job back.
According to the New York Post, Pantaleo filed a lawsuit on Wednesday in Manhattan civil court claiming that his termination was “arbitrary and capricious.”
“Arbitrary and capricious” after a medical examiner ruled that Garner’s death was a homicide, by “compression of neck (chokehold), compression of chest and prone positioning during physical restraint by police” (aka Pantaleo.)
Pantaleo never faced criminal charges in Garner’s death.
Pantaleo’s suit names NYPD Police Commissioner James O’Neill, New York City, and the NYPD.
When Pantaleo was fired—five years after he put Garner in the banned chokehold even as the 43-year-old pleaded, “I can’t breathe,” he was also denied his pension.
Pantaleo, a 13-year veteran on the force, was earning $85,292 before he was suspended on Aug. 2.
Only one other officer was disciplined in Garner’s death. Sgt. Kizzy Adonis, who was supposed to be supervising Pantaleo the day he attacked Garner, was not subject to a disciplinary trial but was docked 20 vacation days for failing to manage Pantaleo properly.