Daniel Penny Lawsuit: Civil Claims, Response, and Status

The Daniel Penny lawsuit is a civil wrongful death action filed in December 2024 by Jordan Neely’s father, Andre Zachery, in the Supreme Court of the State of New York, New York County. It alleges negligence, assault, and battery in Neely’s May 2023 death on a Manhattan subway train, and it remains active despite Penny’s acquittal that same month on the criminal charge of criminally negligent homicide.¹²

Who Filed the Suit and What It Claims

Andre Zachery filed the five-page complaint on December 4, 2024, in his capacity as administrator of his son’s estate. He filed while the criminal jury was still deliberating.¹

The complaint pleads three causes of action: negligent contact, assault, and battery. It alleges that Neely’s injuries and death “were caused by reason of defendant Daniel Penny’s negligence.” No dollar figure is stated. The suit seeks damages “in such sum as a jury may find reasonable, fair, and just.”³

The Neely family is represented by attorney Donte Mills of Mills & Edwards. Mills has said the suit was timed to follow the evidence presented at the criminal trial and has argued publicly that “Daniel Penny could have let go before Jordan died. He continued to choke him 50 seconds after he was lifeless.”⁴

Why an Acquittal Does Not End the Case

A criminal acquittal does not bar a civil wrongful death suit arising from the same conduct. The two proceedings apply different standards. A criminal conviction requires proof beyond a reasonable doubt. A civil plaintiff needs to show only that liability is “more likely than not,” a standard known as preponderance of the evidence.⁵

The best-known illustration is O.J. Simpson, who was acquitted of murder in 1995 and then found civilly liable in 1997, with a judgment of more than $33 million for the victims’ families.⁵

Procedure differs too. Penny did not testify at the criminal trial. In the civil case he could be required to sit for a videotaped deposition and could be called to testify if the matter reaches trial. A civil trial would be heard by a six-person jury, and a verdict requires five of the six.⁵

Penny’s Response

Penny’s attorney Steven Raiser initially criticized the timing, calling the filing “an attempt to attack Danny while he is under such tremendous stress” as the criminal verdict was pending.⁶

On January 6, 2025, Penny’s legal team filed an answer denying the allegations and raising an affirmative defense that any injuries were “caused in whole or in part by the culpable conduct, negligence, carelessness, and lack of care on the part of Plaintiff.”⁷ The defense has moved for dismissal and has said it will fight the civil case with the same intensity as the criminal one.⁸ The team has also framed the acquittal as vindication, saying it “underscored New Yorkers’ belief in their right to defend themselves.” Attorneys for the Neely family have countered that the lower civil burden of proof keeps the claim viable regardless of the criminal outcome.

The Underlying Incident

On May 1, 2023, Jordan Neely, a 30-year-old homeless man in the middle of a mental health crisis, boarded a northbound F train in Manhattan. Witnesses said he threw his jacket on the floor and shouted that he was hungry and thirsty and did not care if he died or went to jail. Some riders described threatening statements and lunging movements. No witness reported that Neely physically struck anyone.⁹

Penny, then 24, approached Neely from behind and put him in a chokehold, bringing him to the floor. Two other passengers helped restrain Neely during parts of the encounter.¹⁰ Prosecutors said the chokehold lasted about six minutes and continued after Neely’s body went limp. Bystanders can be heard on video urging Penny to release him.⁹ Neely was taken to a hospital and pronounced dead.

The New York City medical examiner ruled the cause of death “compression of neck (chokehold)” and classified the manner of death as homicide.¹¹ A defense pathologist at trial disputed that conclusion, attributing Neely’s death to a combination of schizophrenia, the synthetic cannabinoid K2 in his system, a blood condition, and the physical exertion of struggling.¹⁰ The disputed cause of death, the length of the hold, and Penny’s continued restraint after Neely went limp are the same factual questions the civil jury would weigh under the lower standard of proof.

The Criminal Case in Brief

A Manhattan grand jury indicted Penny on June 28, 2023, on two counts: second-degree manslaughter, a felony carrying up to 15 years, and criminally negligent homicide, carrying up to four years. He pleaded not guilty, with his attorneys arguing he had acted to protect fellow passengers.¹²¹³

The trial was held before Judge Maxwell Wiley in Manhattan Criminal Court. After more than 23 hours of deliberation across four days, the jury twice reported it could not reach a unanimous verdict on the manslaughter count. Prosecutors asked the judge to dismiss that count so the jury could focus on the lesser one, and he granted the request on December 6, 2024, over defense objection.¹⁴¹⁵ On December 9, 2024, the jury found Penny not guilty of criminally negligent homicide.²

Where Things Stand

The civil case is pending in New York County Supreme Court. Penny has answered and moved to dismiss; the plaintiff opposes dismissal. No trial date has been set, and the litigation could take years to resolve.⁴

1
Courthouse News Service. Daniel Penny Civil Lawsuit – Jordan Neely Father
2
NBC New York. Daniel Penny Not Guilty Verdict Trial Jordan Neely Chokehold
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ABC News. Daniel Penny Hit With New Civil Lawsuit by Jordan Neely’s Father
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ABC 7 New York. What’s After Daniel Penny Acquitted in NYC Subway Chokehold Case
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New York Post. Daniel Penny Faces New Legal Hurdle in Jordan Neely’s Chokehold Death
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Courthouse News Service. While Jurors Mull NYC Subway Chokehold Case, Victim’s Father Sues Ex-Marine Over Son’s Death
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NBC New York. Daniel Penny Acquitted NYC Subway Chokehold Victim’s Father Lawsuit
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Fox Bangor. Daniel Penny Demands Dismissal of Civil Lawsuit From Jordan Neely’s Father
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PBS NewsHour. Daniel Penny Acquitted in NYC Subway Chokehold Case Over Jordan Neely’s Death
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NBC News. Defense Pathologist Says Jordan Neely Didn’t Die From Chokehold on NYC Subway
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ABC News. Daniel Penny’s Subway Chokehold Trial Key Takeaways
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Manhattan District Attorney’s Office. D.A. Bragg Announces Manslaughter Indictment of Daniel Penny for the Death of Jordan Neely
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ABC News. Jordan Neely, Man Killed in NYC Subway Chokehold
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ABC News. Daniel Penny Jury Trial Vote Jordan Neely
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CNN. Daniel Penny Jordan Neely Trial Verdict