On Oct. 6 a special Grand Jury began to hear testimony in the ‘chokehold’ death of Eric Garner, 43, the same day, his family filed a Notice of Claim to sue the city and the NYPD and New York City Comptroller for $75 million. Mr. Garner died July 17 as police officers wrestled him to the ground, allegedly attempting to arrest the father of six for selling untaxed cigarettes, The notice also names police officers Daniel Pantaleo, Justin D’Amico, Craig Furlani, Christopher Maldonado, William Meems and Mark Ramos as defendants.
The Notice of Claim includes wrongful death, pain and suffering, assault, battery, intentional infliction of emotional distress, negligent supervision and negligent training, noting that Officer Pantaleo recklessly placed Mr. Garner in the banned chokehold maneuver.
“In order to sue a municipality, you must file Notice of Claim within 90 days of the date of the incident. It is unusual that they are filing a notice in this case, which is only necessary for state court,” Attorney Matthew Muhammad explained to The Final Call.
A statement released by Rev. Al Sharpton, chairman of the National Action Network, the family’s adviser stated, “We must protect the family’s rights. No one should read anything else into it.”
Meanwhile Staten Island District Attorney Daniel Donovan convened the Special Grand Jury under a veil of secrecy. “D.A. Donovan has to do something,” said Attorney Muhammad, a member of the Nation of Islam.
He served in the office of the Manhattan District Attorney from 2004 to 2007. He explained the difference between a regular versus a special grand jury. “This grand jury will only hear evidence related to the Eric Garner case; but won’t be given instructions from Mr. Donovan,” Attorney Muhammad said.