NYPD choking death victim's family suing NYC for $75 million

NEW YORK, Oct. 10 (UPI) -- The family of Eric Garner, the man choked to death by NYPD officers, announced their intent to file a $75 million wrongful-death lawsuit against the city of New York.

On Jul 17, officers approached Garner and accused him of selling untaxed cigarettes, then an officer used a chokehold banned by NYPD procedural guides to take Garner to the ground as Garner repeatedly said, "I can't breathe."

He died moments later on the concrete with several officers on top of him as several EMTs stood by without giving medical attention. The EMTs were later suspended.

The incident was captured on cell-phone video by a friend of Garner's. The footage went viral, sparking national outrage and heated debates about police brutality, excessive use of force, and racial bias in law enforcement.

The flames of the resulting nationwide furor, fueled by Ferguson, fanned by the series of cell-phone and surveillance videos of police brutality that followed, have yet to die down.

In August, the city medical examiner ruled Garner's death a homicide.

Monday, Garner's widow, six children and mother informed New York City Controller Scott Stringer of the pending lawsuit.

The notice of claim, signed by the family's attorney Sanford Rubenstein, names the city, NYPD and the eight officers involved in the incident as defendants.

Officer Daniel Pantaleo, who put Garner in the chokehold, and his partner, Justin D'Amico, who helped take Garner to the ground, were both named in the suit, as well as officers Craig Furlani, Christopher Maldonado, William Meems, Mark Ramos and two yet-to-be-identified officers.

"[The] officers failed to use proper police procedure and tactics as reasonably prudent," the notice reads. "Rather, [officers] performed a long banned chokehold maneuver banned by police procedure and police guidelines."

"The officers involved failed to properly report the use of a banned chokehold maneuver to superiors, so as to attempt to create a cover up," it says.

"In addition, the police officers present when the banned chokehold was used failed to stop the use of this banned maneuver so as to become tacit collaborators," it adds.

The city controller's office confirmed receipt of the notice.

"This claim is now under review," said Eric Sumberg, spokesman for Stringer.