Daniel Penny Seeks Dismissal of Civil Suit Over Subway Chokehold Death

Former U.S. Marine Daniel Penny is seeking to dismiss a civil lawsuit filed by the father of Jordan Neely, a man who died after Penny placed him in a chokehold on a New York City subway train in May 2023. Penny’s legal team filed a motion Monday, arguing that Neely’s own actions led to his death and that Penny should not be held liable for civil damages.

The incident occurred on May 1, 2023, when Neely, a 30-year-old homeless man with schizophrenia, began shouting and acting erratically on a crowded Manhattan subway train. Witnesses reported feeling threatened by Neely, who was allegedly high on synthetic marijuana. Penny, a 26-year-old Marine veteran, restrained Neely in a chokehold for approximately six minutes, leading to Neely’s death.

Penny was acquitted of criminally negligent homicide in December 2024 after a high-profile trial. The manslaughter charge was dismissed when the jury deadlocked. In the civil case, Neely’s father, Andre Zachery, accuses Penny of negligence, assault, and battery, seeking unspecified damages.

Penny’s attorney, Steven Raiser, stated in a court filing that Neely’s injuries and death were caused by his own “culpable conduct, negligence, carelessness, and lack of care.” Raiser emphasized that Penny acted in self-defense and to protect others on the train. “The result was a full acquittal and a verdict that underscored New Yorkers’ belief in their right to defend themselves and their neighbors from random violence,” Raiser said.

Zachery’s legal team has not yet responded to the motion to dismiss. Legal experts note that civil cases have a lower burden of proof than criminal cases, requiring only a “preponderance of evidence” rather than proof “beyond a reasonable doubt.”

The case has sparked national debate, with some viewing Penny as a hero who intervened to protect others and others seeing him as a vigilante who used excessive force against a vulnerable individual. The incident also highlighted concerns about subway safety and mental health crises in New York City.