Pantaleo sues to get back on NYPD

Disgraced chokehold cop Daniel Pantaleo, who was fired for his role in the death of Eric Garner, is suiing the NYPD to get his job back, his lawyer said Wednesday.

Attorney Stuart London said Pantaleo’s behavior and actions were “justified” when he initiated a chain of events that led to Garner’s death on a Staten Island street in 2014.

Pantaleo was fired in August after a recommendation from an administrative judge, Rosemarie Maldonado, cleared the way for Police Commissioner James O’Neill to give Pantaleo (photo) the boot.

London said at the time he would file an appeal.

“Judge Maldonado was incorrect when she indicated that he committed the crime of assault in the third degree,” London said. “Both of his initial moves were justified, putting him up against the window were justified, and once he was cuffed he was put on his side.”

He said that Maldonado

cherry-picked three to five seconds out of the video of the confrontation to make her determination.

“It’s a fluid situation as every physical altercation is, and she is dissecting it and she is using tortured logic to come to a decision which is inaccurate,” London said.

The lawsuit, which names O’Neill and the NYPD was filed in Manhattan Civil Court.

London said Pantaleo, 34, a 13-year veteran who was earning more than $85,000, still longed to pin on the badge.

“I think he was disappointed the way he was fired,” London said. “I think he was disappointed he was not allowed to get his pension. He wasn’t given his pension or even a prorated portion of the pension. He doesn’t feel he was fairly treated by the job, by the mayor or by the police department.”

Representatives for O’Neill and the NYPD could not immediately be reached for comment.

A Law Department spokesman said, “We will defend the Administrative Law judge’s finding and recommendation and the police cmmissioner’s decision.”